The Bangabasi Group Of Colleges ( Taking Over Of Management ) Act, 1978

O 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LXXII of 1978 
THE BANGABASI GROUP OF COLLEGES (TAKING 
OVER OF MANAGEMENT) ACT, 1978. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary , of the 29th March, 1979.] 
[29th March, 1979.] 
An Act to make better provisions for the control, management and 
maintenance of the Bangabasi Group of Colleges, 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 group of colleges or held for the benefit or use thereof 
WHEREAS it is expedient in the public interest to make better 
provisions for the control, management and maintenance of the 
Bangabasi Group of Colleges, 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 group of colleges or held 
for the benefit or use thereof; 
It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Bangabasi Group of Colleges 
(Taking over of Management) Act, 1978. 
2. In thie Act, unless the context otherwise requires,— 
(a) "appointed day" means the date of publication of the 
order made under section 3; 
(b) "the Bangabasi Group of Colleges" means— 
(i) the Bangabasi College (Day), 
(ii) the Bangabasi Morning College, 
(iii) the Bangabasi Evening College, and 
(iv) the Bangabasi College of Commerce at Calcutta, 
together with the lands, buildings, erections and 
Shoo title. 
Definition. 
301 
The Bangabasi Group of Colleges (Taking over of Management) 
Act, 1978. 
[West Ben. Act 
Taking over of 
management 
of the 
Bangabasi 
Group of 
Colleges. 
Management 
by State 
Government. 
Appointment 
of Administra-
tor. 
(Sections 3-5.) 
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 said group of colleges. 
3. (1) The State Government shall, by order published in the 
Official Gazette, take over the management and control of the 
Bangabasi Group of Colleges. 
(2) An order made under sub-section (1) shall remain 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), the Bangabasi Group of 
Colleges 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 Bangabasi Group of 
Colleges, 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 Bangabasi Group of Colleges in 
accordance with the provisions of this Act and the rules made 
thereunder. 
West Ben. Act 
II of 1966. 
(2) The State Government may appoint one or more persons 
to assist the Administrator in carrying out his functions under this 
Act. 
302 
The Bangabasi Group of Colleges (Taking over of Management) 
Act, 1978. 
LXXII of 1978.] 
(Sections 6,7.) 
(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 Bangabasi Group of Colleges. 
(2) (i) All persons constituting the ad hoc committees 
appointed by the University of Calcutta and all 
other persons exercising any power of management 
in relation to the Bangabasi Group of Colleges 
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 
Bangabasi Group of Colleges shall forthwith deliver 
possession of such asset or assets to the 
Administrator appointed under section 5. 
7. Any person who— 	 Penalty. 
(a) having in his possession, custody or control any property 
belonging to the Bangabasi Group of Colleges, wrongfully 
withholds such property from the Administrator, or 
(b) wrongfully obtains possession of any property forming 
part of the property of the Bangabasi Group of Colleges, 
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. 
Effect of 
taking over of 
management. 
303 
The Bangabasi Group of Colleges (Taking over of Management) 
Act, 1978. 
[West Ben. Act 
(Sections 8-13.) 
Power to 
defend suits 
and proced-
ings. 
Protection of 
action taken 
under this Act. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc., to remain 
suspended. 
Period of 
limitation. 
Act to have 
overriding 
effect. 
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 Bangabasi Group of Colleges. 
9. No suit or prosecution or other legal proceeding shall lie 
against the State Government or the Adminstrator 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 Bangabasi Group of Colleges 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 Bangabasi Group of Colleges. 
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 Bangabasi Group of Colleges 
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. 
12. In computing the period of limitation for the enforcement of 
any right, 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 excluded. 
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. 
304 
The Bangabasi Group of Colleges (Taking over of Management) 
Act, 1978. 
LXXII of 1978.] 
(Sections 14,15.) 
14. If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may take such steps or issue such 
orders not inconsistent with the provisions of this Act, as may be 
necessary for the removal of the difficulty. 
15. (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 Bangabasi Group of Colleges; 
(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. 
Power to 
remove 
difficulties. 
Power to 
make rules. 
305 

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