LexThe UTTAR PRADESH HOMOEOPATHIC MEDICAL COLLEGES (ACQISITION & MISCELLANEOUS PROVISIONS) ACT, 1981
Uttar Pradesh · state statute
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THE UTTAR PRADESH HOMOEOPATHIC MEDICAL COLLEGES
(ACQUISITION AND MISCELLANEOUS PROVISIONS)
ACT, 19811
[ U. P. ACT NO. 21 of 1981 ]
Amended by
U. P. Act no. 7 of 2001
[Passed in Hindi by the Uttar Pradesh Legis lative Assembly
on Sept ember 17, 19 81 and by the Uttar Pradesh Legislative
Council on September 21, 1981.
Received the assent of the President on October 23 , 19 81
under Article 201 of the Constitution of India and was published in
the Uttar Pradesh Gazette Extraordinary, dated October 24, 1981. ]
AN
ACT
to provide for acquisition and management of certain non -
government homoeopathic medical colleges and to provincialize
the education in the medical science of homeopathy and for
matters connected therewith or incidental thereto.
WHEREAS the students of non -government homeopathic medical
colleges in the State have been agitating for the provincialisation of such
colleges for a long time ;
AND, WHEREAS, the standard of education, equipment and facility
for studies obtaining in these colleges are not up to the mark ;
AND, WHEREAS, a large number of colleges than necessary are
operating in the State with mercenary motives, and with a view to
provincialise and properly organis e the medical education in
homeopathic science and to impr ove the standard of education and
treatment in such science and to prevent recurrence of such evils, it is
necessary to acquire those colleges which are more useful and to close
down the rest ;
NOW, THEREFORE, it is hereby enacted in the Thirty -second Year
of the Republic of India as follows :—
CHAPTER – I
Preliminary
Short title
and commen-
cement
1. (1) This Act may be called the Uttar Pradesh Homeopathic
Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981.
(2) It shall come into force on such date as the State Government
may, by notification2, appoint in this behalf.
——————————————————————————————————————————
1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated July 18, 1981.
2. The Act has been enforced w. e. f. December 11, 1981 vide notification no. 7867-sec-9/V-81—1019-80,
dated December 11, 1981.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
742
Definitions 2. In this Act —
(a) “appointed day” means the date notified under sub -section
(2) of section 1 ;
(b) “Homeopathy” shall have the meaning assigned to it in the
Uttar Pradesh Homeopathic Medicine Act, 1951 ;
1 [ (bb) “National Homeopathic Medical College” means the
National Homeopathic Medical College, Lucknow together with the
hospital and dispensary attached thereto or used in connection
therewith, and includes all lecture rooms, laboratories, libraries,
hostels and boarding houses used in connection with or as accessories
to, or adjuncts of such college ; ]
(c) “ Scheduled College ” means a homeopathic medical college
specified in the Schedule together with the hospitals and dispensaries
attached thereto o r used in connection therewith and includes all
lecture-rooms laboratories, libraries, hostels and boarding house used
in conception with or as accessories to, or adjuncts of such college ;
(d) “ Society” in relation to a Scheduled College means the
society, trustee or other person or body in which the ownership,
management and control of the affairs of such colleges are vested.
CHAPTER – II
Acquisition of Scheduled Colleges
Vesting of
Scheduled
colleges in the
State
Government
3. (1) On and from the appointed day, every Scheduled College,
together with —
(a) all lands on which such college stands and all other land
appurtenant thereto, and all buildings, erections and fixtures on such
lands,
(b) all furniture, equipments, stores, apparatuses, instruments,
appliances, drugs, medicines, works, workshops, projects, automobiles,
books, moneys and other assets of such college ;
(c) all other properties, movable and immovable including farms,
leases and all rights, powers authorities, privileges, reserve funds,
investments, book -debts, and all other rights and interests in or in
relation to or arising out of such property as were immediately before
the appointed day, in the ownership, possession, power or control of
the day, in the ownership, posse ssion, power or control of the
Administrator or any other person, society or body in charge of the
management of the affairs of such college ;
shall stand transferred to and vest absolutely in the State
Government and shall be applied for the purpose of such college.
(2) Every deed of gift, endowment, bequest, trust or other
document in relation to all or any of the properties and assets referred
——————————————————————————————————————————
1. Ins. by sec. 2 of U. P. Act 7 of 2001.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
744
to in sub-section (1) shall, as from the appointed day, be construed as
if it were made or executed in favour of the State Government.
(3) Subject to the provisions of this Act, every property and
assets referred to in this section, which by virtue of sub -section (1)
has vested in the State Government shall, by force of such vesting, be
freed and discharged from any debt, o bligation, mortgage, charge or
lien and othe r encumbrances affecting it, and every attachment,
injunction, decree or order of any court or tribunal restricting the use
of such property in any manner shall be deemed to have been
withdrawn.
(4) Subject to the provisions of this Act, any proceeding or
cause of action pending or existing immediately before the appointed
day, by or against the society may, as from the appointed day, be
continued and enforced by or against the State Government as if
might have been continued or enforced by or against such society if
this Act had not come into force.
Administration
of Scheduled
Colleges
4. (1) On and from the appointed day, every Schedules College
shall be administered by the State Government in such manner, as
the State Government may, from time to time, direct.
(2) Without prejudice to the generality of the provisions of sub -
section (1), the State Government may direct that —
(a) one or more of the scheduled colleges shall be closed down ;
(b) two or more of such colleges shall be combined or
amalgamated ;
1 [(bb) any of the scheduled colleges and the National
Homeopathic Medical College shall be combined or amalgamated ; ]
2[(c) students of one or more scheduled colleges or National
Homeopathic Medical College shall be transferred from one college to
another or absorbed in any other such college ;
(d) teachers or other employees of any scheduled college or
National Homeopathic Medical College shall be transferred from one
college to another ;
(e) any post of teachers or other employees of any scheduled
college or National Homeopathic Medical College shall be transferred
from one college to another ; ]
3[(3) The inter se seniority of each category of employees other
than teachers of the colleges comb ined or amalgamated under clause
(b) or clause (bb) of sub -section (2) shall be determined from the date
of their substantive appointment in their respective cadre. If the date
of substantive appointment of two or more such employees is the
same, the employee senior in age shall be senior.
——————————————————————————————————————————
1. Ins. by sec. 3 (a) of U. P. Act 7 of 2001.
2. Subs. by sec. 3 (b) of U. P. Act 7 of 2001.
3. Ins. by sec. 3 (c) of U. P. Act 7 of 2001.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
746
(4) It shall be lawful for the State Government to abolish, leave
unfilled, or hold in abeyance, any vac ant post of teachers or other
employees of any scheduled college or National Homeopathic Medical
College or colleges combined or amalgamated under clause (b) or clause
(bb) of sub -section (2) and no person shall be entitled to claim any
appointment in such post.]1
Duty to
deliver
possession
5. (1) Every person having possession, custody or control of any
property or assets referred to in section 3 on the appointed day shall
deliver forthwith such property or asset to the Collector or to such ot her
officer as may be authorised by the State Government in this behalf, and
the Collector or such other officer as aforesaid may use such force as
may be necessary for obtaining such delivery.
(2) Any person who on the appointed day, has in his possession,
custody or control any books, papers or other documents relating to any
property referred to in section 3 shall be liable to account for the same
to the Collector or to such other officer as may be authorized by the
State Government in this behalf.
(3) Withou t prejudice to the other provisions contained in this
Act, it shall be lawful for the State Government to take all necessary
steps for taking possession of all properties and assets which have been
transferred to and vested in it under this Act.
Teachers and
other
employees to
become
employees of
State
Government
6. (1) Subject to the provisions of section 7, every teacher or
other employee who, immediately before the appointed day is employed
in, or in connection with the affairs of any scheduled colleg e shall
become, as from the appointed day, a teacher or other employee, as the
case may be, of the State Government and shall hold his office by the
same tenure, at the same remuneration and upon the same terms and
conditions and with the same rights and p rivileges as to pension,
gratuity and other matters as he would have held, if this Act had not
come into force, and shall continue to do so unless and until his
employment is duly terminated or until his remuneration, terms and
conditions are duly altered by the State Government ;
Provided that if such transfer is not acceptable to any such
teacher or other employee, he may intimate to the State Government to
that effect within one month from the appointed day and thereupon his
employment shall stand terminated with effect from the appointed day;
Provided further that if the employment of teacher or other
employee is terminated in accordance with the preceding proviso such
teacher or employee shall, subject to the provisions of sub -section (2), be
entitled —
(a) to an amount equivalent to three months’ salary in the case of
permanent employee, and one month’s salary in the case of any other
employee ; and
(b) to other benefits which could have accrued to him because of
his past services in such coll ege, had his employment not been so
terminated.
——————————————————————————————————————————
1. Ins. by sec. 3(c) of U.P. Act No. 7 of 2001.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
748
(2) The transfer or term ination of the services of any teacher, or
other employee under sub -section (1) shall not entitle him to any
compensation under the U. P. Industrial Disputes Act, 1947 or any
other law for the time being in force, and no such claim shall be
entertained by any court, tribunal or other authority.
(3) If any vacancy occurs in the post of a teacher or other
employee in any scheduled college at any time after the commencement
of this Act, and a teacher or other employee serving in any homeopathic
medical college (other than a scheduled college) on the date immediately
preceding the date of such commencement applies for appointment to
any such post carrying the same rank or grade, then such teacher or
employee shall be entitled to a preference over other applic ants provided
he fulfills the minimum qualifications prescribed therefor.
Review of
certain
appoint-
ments, etc.
7. (1) Notwithstanding anything contained in this Act, the State
Government may nominate any officer or appoint a committee to review
the genuineness of all appointments made or increments of salary given
to the teachers or other employees of a scheduled college within the
period of two years immediately preceding the appointed day, and if after
considering the report of such officer or committ ee and representations
that may be received in that behalf from the teachers or other employees
affected, an appointment made or increment given does not appear to
the State Government to be genuine, it may terminate the services of
such teacher or employe e or cancel the increment, as the case may be,
and the provision of sub-section (2) of section 6 shall apply to every such
termination.
(2) Every contract entered into by a Society in relation to any
property or asset owned by it, which is vested in the State Government
under section 3, for any service, scale or supply and in force
immediately before the appointed day, shall, on and from the expiry of a
period of one hundred and eighty days from the appointed day cease to
have effect, unless such cont ract is, before the expiry of that period,
ratified in writing by the State Government and in ratifying such
contract the State Government may make such alteration or
modification as it may think fit :
Provided that the State Government shall not omit to ratify a
contract and shall not make any alteration or modification therein —
(a) unless it is satisfied that such contract is unduly onerous or
has been entered into in bad faith or is detrimental to the interests of
the State Government ; and
(b) exc ept after giving the parties to the contract a reasonable
opportunity of being heard and except after recording in writing its
reasons for refusal to ratify the contract or for making any alteration or
modification therein.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
750
CHAPTER – III
Prohibition of opening of new colleges
New
homeopathic
colleges not to
be established
8. Subject to the provisions of Article 30 of the Constitution no
person other than a person auth orised by the Central Government or
the State Government shall, on or after the appointed day —
(a) open, organis e, maintain or manag e or cause to be opened,
organised, maintained or managed any college professing to undertake,
conduct, provide or offer any instruction in homeopathy ;
(b) admit or offer admission on paym ent of fee or without such
payment, to any course of instruction in homeopathy ;
(c) receive any donation, subscription or fee (by whatever name
called) in respect of any institution imparting instructions in
homeopathy ;
(d) make any arrangement or hold out that arrangements have
been made for lecture, coaching or tuition or for experiments in, any
laboratory with a view to imparting instructions in homeopathy.
Penalty for
contravenetion
of section 8
9. Every person who contravenes the provision of sec tion 8 shall
be punishable with imprisonment for a period which may extend to
three years or with fine which may extend to two thousand rupees or
with both.
CHAPTER – IV
Miscellaneous
Provisions of
the Act to
have
overriding
effect.
10. The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force, or any instrument having effect by virtue of any law other
than this Act or any decree or order of any court, tribunal or authority.
Penalties 11. Every person who —
(a) having in his possession, custody or control any property or
assets held for the purposes of a scheduled college wrongfully withholds
such property or asset in contravention of sub -section (1) of secti on 5 ;
or
(b) wrongfully obtains possession of or retains any property or
asset held for the purposes of any scheduled college ; or
(c) willfully withholds or fails to account for any book, paper or
other document in his possession, custody or control relating to a
scheduled college, in contravention of sub-section (2) of section 5 ; or
(d) wrongfully uses, removes or destroys any property held for
the purposes of a scheduled college ;
shall be punishable with imprisonment for a term which may ext end to
two years or with fine which may extend to three thousand rupees or
with both.
Offences by
companies
12. (1) Where any offence under this Act is committed by a
company, every person who, at the time of the offence was committed,
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
752
was incharge of, and was responsible to the company for the conduct of
the business of the company, as well as the company shall be deemed to
be guilty of the offence, and shall be liable to be p roceeded against and
punished accordingly ;
Provided that nothing contained in this sub -section shall render
any such person liable to any punishment, if he proves that the offence
was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1) where
any offence under this Act has been committed by a company, and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty
of that offence and shall be liable to be proceeded again st and punished
accordingly.
Explanation — For the purposes of this section —
(a) “Company” means anybody corporate and includes a firm,
society or other association of individuals ; and
(b) “Director” in relation to a firm means a partner in the firm.
Protection of
action taken
in good faith
13. No suit, prosecution or other legal proceeding shall lie
against the State Government or any of its officers or other employees for
anything which is in good faith done or intended to be done under
this Act.
Cognizance
of offences
14. Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, no court shall take cognizance of any offence under
this Act, except on a complaint in writing made by the State Go vernment
or any officer authorised in this behalf, by that Government.
Savings in
respect of
minority
institutions
15. Nothing in this Act shall affect the right of any minority,
referred to in Article 30 of the Constitution to establish and administer
educational institution s of the ir choice for imparting instructions in
homeopathy subject to any law for the time being in force.
Power to
make rules
16. The State Government may, by notification, make rules for
carrying out the purposes of this Act.
Repeal and
savings
17. (1) The Uttar Pradesh Homeopathic Medical College, (Taking
over of Management) Act, 1979 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the enactment repealed by sub -section (1) shall continue to
be valid as if this Act has not come into force.
[The Uttar Pradesh Homoeopathic Medical Colleges {Acquisition and Miscellaneous Provisions) Act, 1981
754
THE SCHEDULE
[See section 2(c)]
Serial No. Name of the colleges
1. Ghazipur Homeopathic Medical College, Ghazipur.
2. Kanpur Homeopathic Medical College, Kanpur.
3. Mohan Homeopathic Medical College, Lucknow.
4. Sri Durgaji Homeopathic Medical College, Chandesar,
Azamgarh.
5. Sri Brijkishore Homeopathic Medical College, Faizabad.
6. K. G. K. Homeopathic Medical College, Moradabad.
7. T. D. Homeopathic Medical College, Jaunpur.
8. Lal Bahadur Shastri Homeopathic Medical College,
Allahabad.
9. Homeopathic Medical College, Tigri Mankawala, Nagina,
Bijnor.