The Birla College Of Science And Education ( Taking Over Of Management ) Act, 1979

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XV of 1979 
THE BIRLA COLLEGE OF SCIENCE AND 
EDUCATION (TAKING OVER OF MANAGEMENT) 
ACT, 1979. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 19th June, 1979.] 
[19th June, 1979.] 
An Act to take over for a limited period the management of the institution 
known as the Birla College of Science and Education, Calcutta, for 
the purpose of making better provisions for the control, management 
and maintenance thereof. 
WHEREAS it is expedient to the public interest to make better provisions 
for the control, management and maintenance of the institution known as 
the Birla College of Science and Education, Calcutta, with a view to 
promoting education and to take over for that purpose for a limited period 
the management of all the properties belonging to the said institution or 
held for the benefit or use thereof; 
It is hereby enacted in the Thirtieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. This Act may be called the Birla College of Science and Education Short le. 
(Taking over of Management) Act, 1979. 
2. In this Act, unless the context otherwise requires,— 
(a) "appointed day" means the date of publication of the order 
made under section 3; 
(b) "the institution" means the Birla College of Science and 
Education, Calcutta, together with the lands, buildings, 
erections and fixtures constituting the same and includes all 
furniture, equipments, stores, moneys and other assets, 
and all lecture rooms, laboratories, libraries, hostels, and 
boarding houses, if any, held or used in connection with, or 
as accessories to, or as adjuncts of, the Birla College of 
Science and Education. 
Definitions. 
191 
The Birla College of Science and Education (Taking over of 
Management) Act, 1979. 
[West Ben. Act 
Taking over 
of 
management 
of the 
institution. 
Management 
by State 
Government. 
Appoint-
ment of 
Administra-
tor. 
Effect of 
taking over 
of 
manage-
ment. 
(Sections 3-6.) 
3. (1) The State Government shall, by order published in the Official 
Gazette, take over the management and control of the institution. 
(2) An order made under sub-section (1) shall ramain in force for a 
period of two years from the date of its publication in the Official Gazette. 
4. (1) Subject to sub-section (2) of this section, the institution shall 
remain under the management of the State Government for the period 
referred to in sub-section (2) of section 3 and shall be run for the purposes 
for which it was being run immediately before the appointed day. 
(2) The State Government may, at any time before the expiry of the 
period referred to in sub-section (2) of section 3, make over the management 
to the Governing Body of the institution, constituted by the University of 
Calcutta in accordance with the provisions of the Calcutta University Act, 
1966 and the Statutes made thereunder, with effect from such date as may 
be specified by the State Government by notification published in the 
Official Gazette; and the said date shall not be a date later than the period 
referred to in sub-section (2) of section 3. 
(3) The Administrator appointed under section 5 shall cease to function 
with effect from the date specified in the notification under sub-section (2). 
5. (1) The State Government shall, by order in writing, appoint an 
Administrator for managing the institution in accordance with the provisions 
of this Act and the rules made thereunder. 
(2) The State Government may appoint one or more persons to assist 
the Administrator in carrying out his functions under this Act. 
(3) The State Government shall by rules prescribe the terms and 
conditions of service of the Administrator and other person or persons who 
may be appointed to assist the Administrator. 
6. (1) Subject to such directions as the State Government may issue 
from time to time, the Administrator appointed under section 5 shall have 
all the powers of management and control in relation to the institution. 
(2) (i) All persons constituting the Governing Body of the institution 
and all other persons exercising any power of management in relation to 
the institution immediately before the appointed day shall be deemed to 
have vacated their offices and shall cease to exercise such power; 
(ii) all such persons who have in their possession, custody or 
control any asset or assets of the institution shall forthwith deliver 
possession of such asset or assets to the Administrator appointed under 
section 5. 
West Ben. 
Act II of 
1966. 
192 
The Birla College of Science and Education (Taking over of 
Management) Act, 1979. 
XV of 1979.] 
(Sections 7-11.) 
7. Any person who— 
(a) having in his possession, custody or control any property 
belonging to the institution, wrongfully withholds such 
property from the Administrator, or 
(b) wrongfully obtains possession of any property forming part 
of the property of the institution, or 
(c) wilfully withholds or fails to produce to any person authorised 
under this Act, any register, record or other documents which 
may be in his possession, custody or control, or 
(d) fails, without any reasonable cause, to submit any accounts, 
books or other documents, when required to do so, 
shall be punishable with imprisonment for a term which may extend to six 
months, or with fine which may extend to five hundred rupees, or with 
both. 
8. The Administrator appointed under section 5 shall have the power 
to institute, defend or take part in, any suit or proceeding by or against the 
institution. 
9. No suit or prosecution or other legal proceeding shall lie against 
the State Government or the Administrator or any other person appointed 
under section 5 for anything which is in good faith done or intended to be 
done under this Act or the rules made thereunder. 
10. (1) The State Government may, on the application made by the 
Administrator in this behalf, advance moneys for the purpose of efficiently 
managing the institution and all such moneys shall be repayable with such 
interest as may be prescribed by rules. 
(2) Any money advanced under sub-section (1) shall, subject to the 
prior payment of municipal rates and any sum due to Government on 
account of taxes or fees, be a first charge upon the properties of the 
institution. 
11. The State Government may, if it is satisfied that it is necessary 
or expedient so to do, direct, by notification published in the Official 
Gazette, that the operation of all contracts, assurances of property, 
agreements, settlements, awards, standing orders or other instruments 
in force in relation to the institution immediately before the appointed 
day shall remain suspended and all rights, privileges, obligations and 
liabilities accruing or arising thereunder before the said date shall remain 
suspended or shall be enforceable with such modifications and in such 
manner as may be specified in such notification. 
Penalty. 
Power to 
defend suits 
and 
proceedings. 
Protection of 
action taken 
under this 
Act. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc., to 
remain 
suspended. 
193 
The Birla College of Science and Education (Taking over of 
Management) Act, 1979. 
[West Ben. Act XV of 1979.1 
(Sections 12-14.) 
Period of 	 12. In computing the period of limitation for the enforcement of any limitation. 
sight, privilege, obligation or liability referred to in section 11, the period 
during which it or the remedy for the enforcement thereof was suspended 
shall be executed. 
Act to have 
overriding 
effect. 
Power to 
make rules. 
13. The provisions of this Act or any order or rule made thereunder 
shall have effect notwithstanding anything inconsistent therewith 
contained in any other law or any instrument having effect by virtue of any 
other law. 
14. (1) The State Government may make rules for carrying out the 
purposes of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for— 
(a) the management of the institution; 
(b) the terms and conditions of service of the Administrator and 
other person or persons appointed to assist the Administrator; 
and 
(c) the rate of interest in respect of money advanced by the State 
Government to the Administrator. 
    
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