The Calcutta Homoeopathic Medical College And Hospital ( Taking Over Of Management And Subsequent Acquisition ) Act, 1983

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XI of 1983 
THE CALCUTTA HOMOEOPATHIC MEDICAL 
COLLEGE AND HOSPITAL (TAKING OVER OF 
MANAGEMENT AND SUBSEQUENT 
ACQUISITION) ACT, 1983. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 3rd April, 1983.] 
[3rd April, 1983.] 
An Act to provide for the taking over of the management and the 
subsequent acquisition of the Calcutta Homoeopathic Medical 
College and Hospital. 
WHEREAS it is expedient in the public interest to make better provision 
for the control, management and maintenance of the institution commonly 
known as the Calcutta Homoeopathic Medical College and Hospital at 
265 and 266, Acharya Prafulla Chandra Road, Calcutta-9, with a view 
to promoting public health and to provide for that purpose for the taking 
over for a limited period of the management and the subsequent 
acquisition of all properties belonging to the said institution or held for 
the benefit thereof; 
It is hereby enacted in the Thirty-fourth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Calcutta Homoeopathic Medical Short title College and Hospital (Taking over of Management and subsequent and 
Acquisition) Act, 1983. 	 commence- 
ment. 
(2) It shall be deemed to have come into force on the 27th day of 
December, 1982. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appointed day" means the date of publication of the order 
made under section 3; 
81 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
[West Ben. Act 
Taking over 
of 
management 
of the 
institution. 
Acquisition 
of the 
institution. 
(Sections 3, 4.) 
(b) "the institution" means the Calcutta Homoeopathic Medical 
College and Hospital at 265 and 266, Acharya Prafulla 
Chandra Road, Calcutta-9, together with the indoor-beds 
and provisions for outdoor services and dispensaries attached 
thereto and used in connection therewith and includes all 
lands and buildings, equipments, lecture rooms, libraries, 
stores, drugs and other articles held or used in connection 
with, or as accessories to, or as adjuncts of, the said Calcutta 
Homoeopathic Medical College and Hospital; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this Act. 
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 remain in force for a 
period of five years from the date of its publication in the Official 
Gazette or, in the case of acquisition of the institution under section 4, 
till the date of such acquisition, whichever is earlier. 
4. (1) The State Government may, if it so thinks fit, at any time 
within the period of five years referred to in sub-section (2) of section 3, 
acquire the institution by notification. 
(2) On and from the date of the notification referred to in sub-
section (1) (hereinafter referred to as the date of vesting),— 
(i) the institution shall stand transferred to, and vest absolutely 
in, the State Government, free from all encumbrances; 
(ii) the institution shall be run by the State Government as a 
State institution; 
(iii) any contract, whether express or implied, or other 
arrangement, whether made under any statute or otherwise, 
in relation to the management of any property or other affairs 
of the institution, and in force immediately before the date 
of vesting shall be deemed to have terminated on and from 
the date of vesting; 
(iv) every person (not being a part-time or over-aged employee) 
who has been an employee of the institution before the date 
of vesting shall, on and from the date of vesting, become an 
employee of the State Government and shall hold office on 
the same terms and conditions as would have been admissible 
82 
XI of 1983.] 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
(Section 5.) 
to him if there had been no such vesting and shall continue 
to do so unleSs and until his employment under the State 
Government is duly terminated or until the terms and 
conditions of his service are duly altered by the State 
Government by rules made in this behalf: 
Provided that the services of every person who expresses 
his unwillingness to continue in service in terms of the 
provisions of this clause shall stand terminated with effect 
from the date of vesting or from any other date to be notified 
by him; 
(v) notwithstanding anything contained in any law for the time 
being in force or in any contract, custom or usage, to the 
contrary, the transfer of the service of any employee of the 
institution to the service of the State Government shall not 
entitle such employee to any compensation on any account 
whatsoever and no claim in this behalf shall be entertained 
by any court, tribunal or authority. 
5. (1) For the transfer to, and vesting in, the State Government of 
the institution under section 4, the compensation payable by the State 
Government for the lands and buildings shall be such as may be 
determined by the Competent Authority referred to in sub-section (3) of 1 of 1894. 	 this section applying, mutatis mutandis, the provisions of the Land 
Acquisition Act, 1894, subject to the condition that deduction of all grants 
and contributions made by the State Government to the institution for 
the purpose of lands and buildings prior to the appointed day shall be 
made and subject further to the condition that the total amount of financial 
assistance received from the Central Government, if any, for construction 
of buildings by the institution prior to the appointed day shall be taken 
into consideration for determination of the quantum of such compensation. 
(2) The compensation payable by the State Government for all other 
assets excepting the lands and buildings as provided in sub-section (1) 
shall be the market value thereof determined by the Competent Authority 
referred to in sub-section (3) after deduction of all grants and donations 
made by the State Government to the institution specifically for the 
purpose of creation of such other assets prior to the appointed day. 
(3) The Land Acquisition Collector, 24-Parganas, shall be the 
Competent Authority for the purpose of this Act. 
(4) Any person aggrieved by the award of the Competent Authority 
may appeal to the Appellate Authority within thirty days from the date 
of the award and the District Judge, 24-Parganas, shall be the Appellate 
Authority for this purpose. 
Payment of 
compensa-
tion. 
83 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
[West Ben. Act 
Effect of 
taking over 
of manage-
ment. 
(Section 6.) 
(5) The State Government shall, as soon as possible after the date of 
the award made by the Competent Authority, or as the case may be, the 
date of the order of the Appellate Authority in the case of an appeal, pay 
to the persons found entitled the amount of compensation determined 
under this section. 
(6) The amount of compensation determined under this section shall 
carry interest at the rate of six per cent. per annum with effect from the 
date of vesting till the date of payment of compensation: 
Provided that the rate of interest on the amount of compensation for 
the lands and buildings shall be the same as in the Land Acquisition 1 of 1894. 
Act, 1894. 
6. (1) The institution shall, so long as it remains under the 
management of the State Government, 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, by notification make 
over the management of the institution to the person or persons under 
whose management the institution was immediately before the appointed 
day, with effect from such date as may be specified in the notification. 
(3) If the management of the institution has not been made over 
under sub-section (2) of this section, the management of the institution 
shall, on the expiry of the period referred to in sub-section (2) of 
section 3, revert to the person or persons under whose management the 
institution was immediately before the appointed day. 
(4) The Administrator appointed under section 7 shall cease to 
function with effect from the date on which the management of the 
institution is made over under sub-section (2), or is reverted under sub- 
section (3), of this section, as the case may be. 
(5) The institution shall be deemed to include all assets, rights, 
powers, authorities and privileges and all property movable or immovable 
including lands, buildings, equipments, lecture rooms, libraries, stores, 
drugs, cash balances, reserve fund, investments and all other rights and 
interest in or arising out of such property as were immediately before the 
the appointed day in the ownership, possession, power or control of  
institution and all books of accounts, registers and all other documents 
of whatever nature. 
(6) (a) 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. 
84 
XI of 1983.] 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
(Sections 7, 8.) 
(b) All 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 7 or to 
such other person as may be authorised by the Administrator in this behalf. 
(7) Every person in charge of the management of the institution 
immediately before the appointed day shall, within ten days from that 
day or within such further time as the State Government may allow in 
this behalf, furnish to the Administrator a complete inventory of all 
properties and assets forming part of the institution immediately before 
the appointed day and of all liabilities and obligations of the institution 
subsisting immediately before the appointed day. 
(8) The State Government may take, or cause to be taken, all 
necessary steps for obtaining the possession of the institution. 
7. (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 terms and conditions of service of the Administrator and 
other person or persons who may be appointed to assist the Administrator 
shall be such as may be prescribed. 
(4) Subject to such directions as the State Government may issue 
from time to time, the Administrator shall have all the powers of 
management and control in relation to the institution. 
8. (1) 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 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 
Appoint-
ment of 
Adminis-
trator. 
Penalty. 
85 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
[West Ben. Act 
Power to 
defend suits 
and 
proceedings. 
Delegation 
of power. 
Protection of 
action under 
this Act. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc., to 
remain 
suspended. 
(Sections 9-13.) 
(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 rupe es, or 
with both. 
(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 specially empowered by the State Government in this behalf. 
9. The Administrator appointed under section 7 shall have the power 
to institute, defend or take part in, any suit or proceeding by or against 
the institution. 
10. The State Government may, by notification, direct that all or 
any of the powers (except the power to make rules) exercisable by it 
under this Act may also be exercised by such person and on such terms 
and conditions as may be specified in the notification. 
11. No suit, prosecution or other legal proceeding shall lie against 
the State Government or the Administrator or any other person appointed 
under section 7 for anything which is in good faith done or intended to 
be done under this Act or the rules made thereunder. 
12. (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. 
(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. 
13. 
The State Government may, if it is satisfied that it is necessary 
or expedient so to do, direct, by notification, that theements, operation 
awards, 
of all 
contracts, assurances of property, agreements, settl  
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 enforeceable with 
such modifications and in such manner as may be specified in such 
notification. 
86 
The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management and subsequent Acquisition) Act, 1983. 
XI of 1983.] 
(Sections 14-17.) 
14. In computing the period of limitation for the enforcement of any 
right, privilege, obligation or liability referred to in section 13, the period 
during which it or the remedy for the enforcement thereof was suspended 
shall be excluded. 
15. The provisions of this Act or any rule made thereunder 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 other law. 
Period of 
Limitation. 
Act to have 
overriding 
effect. 
West Ben. 
Ord. XXV of 
1982. 
16. (1) The State Government may, by notification, 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 all or any of the matters 
which may be or are required to be prescribed or made by rules. 
17. (1) The Calcutta Homoeopathic Medical College and Hospital 
(Taking over of Management) Ordinance, 1982 is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the Calcutta Homoeopathic Medical College and Hospital (Taking 
over of Management) Ordinance, 1982 shall be deemed to have been 
validly done or taken under this Act. 
Power to 
make rules. 
Repeal and 
saving, 
87 

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