The Bengal Natural History Society ( Acquisition Of The Natural History Museum ) Act, 1993

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXIV of 1993 
THE BENGAL NATURAL HISTORY SOCIETY 
(ACQUISITION OF THE NATURAL HISTORY 
MUSEUM) ACT, 1993. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the 
Calcutta Gazette, Extraordinary, of the 20th October, 1994.] 
[20th October, 1994.] 
An Act to provide for the acquisition, in the public interest, of the Natural 
History Museum of the Bengal Natural History Society, and for 
matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the acquisition, in the public 
interest, of the Natural History Museum of the Bengal Natural History 
Society at Darjeeling, and for matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Forty-fourth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Bengal Natural History Society Short title 
(Acquisition of the Natural History Museum) Act, 1993. 	 and 
commence- 
ment. 
(2) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appointed day" means the date on which this Act comes 
into force; 
(b) "former date" means the 14th day of May, 1976, being 
the date of taking over by the State Government of 
the management of the Museum on the basis of the 
resolution in this behalf adopted by the Society at its 
meeting held on the 22nd day of December, 1975; 
405 
The Bengal Natural History Society (Acquisition of the 
Natural History Museum) Act, 1993. 
[West Ben. Act 
(Sections 3, 4.) 
(c) "Museum" means the Natural History Museum of the Society 
together with all property, movable and immovable, including 
specimens of rare species of birds, mammals, fishes, snakes, 
butterflies, moths and other insects, furniture and fixtures, 
all lands and buildings, libraries, stores, film equipments 
(including projectors), slides, utensils, taxidermist instru-
ments and other articles held or used in connection 
with, or as accessories to, or as adjuncts of, the Museum, 
and all books of account, registers and all other documents 
of whatever nature relating thereto; 
(d) "Notification" means a notification published in the Official 
Gazette; 
(e) "Society" means the Bengal Natural History Society at 
Darjeeling. 
3. On and from the appointed day, the Museum shall, by virtue 
of this Act, stand transferred to, and vest absolutely in, the State 
Government. 
4. (1) The Museum which has vested in the State Government 
under section 3 shall, by force of such vesting, be freed and discharged 
from any trust, obligation, mortgage, charge, lien and all other 
incumbrances affecting it, and any attachment, injunction or decree or 
order of any court, tribunal or other authority restricting the use of the 
whole or any part of the Museum in any manner shall be deemed to have 
been withdrawn. 
(2) The Museum shall be run by the State Government as a State 
institution. 
(3) Any contract, whether express or implied, or other arrangement, 
whether made under any statute or otherwise, in relation to the affairs of 
the Museum and in force immediately before the appointed day shall be 
deemed to have terminated on the appointed day. 
(4) Where any licence or other instrument in relation to the Museum 
had been granted at any time before the appointed day to the Museum by 
the Central Government or the State Government or any other authority, 
the State Government shall, on and from the appointed day, be deemed 
to be substituted in such licence or other instrument in place of the 
Museum referred to therein as if such licence or other instrument had 
been granted to it. 
Acquisition of the 
Museum. 
General 
effect of vesting. 
406 
The Bengal Natural History Society (Acquisition of the 
Natural History Museum) Act, 1993. 
XXIV of 1993.] 
(Sections 5, 6) 
(5) Any liability incurred by the Museum (including the liability, if 
any, arising in respect of any loans or amounts advanced by the State 
Government to the Museum together with interest thereon) on or after 
the former date, shall, on and from the appointed day, be the liability of 
the State Government. 
(6) If, on the appointed day, any suit, appeal or other proceeding of 
whatever nature in relation to any matter in respect of the Museum, is 
pending, the same shall not abate, be discontinued or be, in any way, 
prejudicially affected by reason of the transfer of the Museum or of 
anything contained in this Act, and the suit, appeal or other proceeding 
may be continued, proceeded with and enforced by or against the State 
Government. 
(7) Any person in possession or custody or control of the whole or 
any part of the Museum on the date immediately before the appointed 
day shall, on the appointed day, deliver the possession of the Museum or 
part thereof to the State Government or to such person as may be specified 
by the State Government in this behalf 
(8) The State Government may take, or cause to be taken, such steps 
as it considers necessary for securing the possession of the Museum which 
has vested in the State Government under section 3. 
5. For the removal of doubts, it is hereby declared that there shall 
not be paid any compensation for the acquisition of the Museum by 
authority of this Act under article 300A of the Constitution of India. 
Acquisition 
without 
compensation. 
6. (1) Any person who,— 	 Penalty. 
(a) having in his possession, custody or control any property 
forming part of the Museum, wrongfully withheld such 
property from the State Government or any person authorised 
by that Government in this behalf, or 
(b) wrongfully obtains possession of, or retains, any property 
forming part of the Museum or wilfully withholds or fails to 
furnish to the State Government or any person authorised by 
that Government any document relating to the Museum which 
may be in his possession, custody or control or fails to deliver 
to the State Government or any person authorised by that 
Government any property forming part of the Museum or 
books of account, registers or other documents in his custody 
relating to the Museum, or 
407 
The Bengal Natural History Society (Acquisition of the 
Natural History Museum) Act, 1993. 
[West Ben. Act 
Employees to 
continue in 
service. 
(Section 7.) 
(c) wrongfully removes or destroys any property forming part of 
the Museum or prefers any claim under this Act which he 
knows or has reason to believe to be false or grossly 
inaccurate, shall be punishable with imprisonment for a term 
which may extend to two years, or with fine which may extend 
to five thousand rupees, or with both: 
Provided that the court trying any offence punishable 
under this Act shall, at the time of convicting the accused 
person, order him to deliver or refund within such time as 
may be fixed by the court such property or any part thereof 
wrongfully withheld or wrongfully obtained or retained or 
such document wilfully withheld or not furnished or such 
property, books of account, registers or other documents not 
delivered. 
(2) No court shall take cognizance of any offence punishable under 
this Act except with the previous sanction of the State Government or of 
an officer authorised by that Government in this behalf. 
7. (I) Every person (not being a part-time or over-aged employee) 
who has been an employee of the Museum immediately before the 
appointed day shall, on and from the appointed day, become an employee 
of the State Government and, subject to the first proviso to this sub-
section, shall hold office or service under the State Government on the 
same terms and conditions as would have been admissible to him if there 
had been no vesting of the Museum in the State Government and shall 
continue to do so unless and until his employment under the State 
Government is duly terminated or until within six months from the 
appointed day his remuneration and other conditions of service are duly 
altered by the State Government: 
Provided that every person (not being a part-time or over-aged 
employee) who had been an employee of the Museum on the former date 
or on any date subsequent to the former date shall, in respect of the 
service rendered as such employee for any period commencing from such 
date till the date immediately before the appointed day, be entitled to 
such pay and allowances and pension (including gratuity) as the State 
Government may determine: 
Provided further that any employee who is unwilling to continue in 
service in terms of the provisions of this sub-section may give three 
months' notice to the State Government to that effect and thereupon his 
service shall stand terminated with effect from the date immediately after 
the expiration of three months from the date of such notice. 
408 
The Bengal Natural History Society (Acquisition of the 
Natural History Museum) Act, 1993. 
XXIV of 1993.] 
(Sections 8-11.) 
(2) Notwithstanding anything contained in the Industrial Disputes 
14 of 1947. 
	
	 Act, 1947, or in any other law for the time being in force, the transfer of 
the services of any employee of the Museum to the State Government 
shall not entitle him to any compensation under this Act or under any 
other law for the time being in force and no such claim shall be entertained 
by any court, tribunal or other authority. 
8. No suit, prosecution or other legal proceeding shall lie against 
the State Government or any officer of that Government or any officer or 
other person authorised by that Government for anything which is in 
good faith done or intended to be done under this Act. 
9. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any other law for the time 
being in force or in any instrument having effect by virtue of any law 
other than this Act, or in any judgement, decree or order of any court, 
tribunal or other authority. 
Protection of 
action taken 
in good faith. 
Act to have 
overriding 
effect. 
10. (1) The State Government may, by notification, make rules for Power to 
carrying out the purposes of this Act. 	 make rules.  
(2) In particular, and without prejudice to the generality of 
the foregoing power, such rules may provide for all or any of the 
matters which may be, or are required, to be, prescribed by rules under 
this Act. 
11. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by order, not inconsistent with the 
provisions of this Act, remove the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from the appointed day. 
Power to 
remove 
difficulties. 
    
409 

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