The Calcutta University Institute ( Taking Over Of Management Of Auditorium ) Act, 1985

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIV of 1985 
THE CALCUTTA UNIVERSITY INSTITUTE 
(TAKING OVER OF MANAGEMENT OF 
AUDITORIUM) ACT, 1985. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 4th July, 1985.] 
[4th July, 1985.] 
An Act to provide for the taking over of the management of the 
Auditorium of the Calcutta University Institute for a limited period 
in the public interest andfor matters connected therewith or incidental 
thereto. 
WHEREAS it is expedient to provide for the taking over of the 
management of the Auditorium of the Calcutta University Institute at 
7, College Square (East), Calcutta, for a limited period in the public 
interest and in order to secure the proper management and control 
thereof and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Thirty-sixth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Calcutta University Institute 
(Taking over of Management of Auditorium) Act, 1985. 
(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,— 
(a) "appointed day" means the date on which this Act comes 
into force; 
(b) "Auditorium" means the Auditorium of the Institute, and 
includes the stage; 
(c) "Committee" means the Committee constituted under 
section 5; 
(d) "Institute" means the Calcutta University Institute at 7, 
College Square (East), Calcutta, registered under the 
21 of 1860. 	 Societies Registration Act, 1860; 
(e) "notification" means a notification published in the Official 
Gazette; 
Short title 
and 
commence-
ment. 
Definitions. 
121 
The Calcutta University Institute (Taking over of 
Management of Auditorium) Act, 1985. 
[West Ben. Act 
(Sections 3-5.) 
(f) "prescribed" means prescribed by rules made under this 
Act; 
(g) "regulations" means the regulations made under this Act. 
Taking 
over of 
manage-
ment of 
Auditorium. 
Effect of 
taking over 
of manage-
ment. 
Committee. 
3. (1) On and from the appointed day, and for a period of fifteen 
years thereafter, the entire management and control of the Auditorium 
shall, by virtue of this Act, vest in the State Government. 
(2) Upon the vesting of the management and control of the 
Auditorium in the State Government under sub-section (1), the State 
Government may, for efficient management and control thereof, provide 
by notification for the transfer of the management and control of the 
Auditorium to the Committee with effect from such date as may be 
specified in the notification. 
4. (1) With effect from the appointed day, the State Government 
shall have all the powers of management and control in relation to the 
Auditorium together with— 
(a) all lands thereof and appurtenant thereto and all buildings, 
erections and fixtures on such lands, and 
(b) all furniture, equipments, stores, moneys and other assets 
pertaining to the Auditorium. 
(2) All persons in charge of, or exercising any power of, management 
of the Auditorium by the terms of the constitution or management thereof 
or by virtue of any judgement, decree or order of any court, tribunal or 
other authority immediately before the appointed day shall be deemed to 
have vacated their offices as such on the appointed day and shall cease to 
exercise such power. 
(3) Every persons having in possession, custody or control of any 
property in relation to the Auditorium shall deliver forthwith such 
property to the State Government or to such officer or other employee of 
the State Government as may be authorised by the State Government in 
this behalf. 
5. (1) As soon as may be after the coming into force of this Act, 
the State Government may constitute a Committee for the management 
and control of the Auditorium. 
(2) The Committee shall consist of the following members:— 
(a) a Chairman, and 
(b) nine other members. 
(3) The Chairman and five other members shall be nominated by 
the State Government; and the remaining four other members shall be 
nominated by the Institute. 
122 
The Calcutta University Institute (Taking over of 
Management of Auditorium) Act, 1985. 
XIV of 1985.] 
(Section 5.) 
(4) (a) The members of the Committee nominated by the State 
Government shall hold office during the pleasure of the State Government; 
and the members of the Committee nominated by the Institute shall hold 
office during the pleasure of the Institute. 
(b) The other terms and conditions of service of the Chairman and 
other members of the Committee shall be such as may be prescribed. 
(5) (a) The State Government may from time to time issue such 
directions to the Committee with regard to the management and control 
of the Auditorium as the State Government may deem desirable and the 
Committee shall forthwith carry out such directions. 
(b) In particular, and without prejudice to the generality of the 
foregoing provisions, such directions may include directions as to— 
(i) initiating, defending or continuing any legal proceedings 
before any court, tribunal or other authority, and 
(ii) the powers and duties of the Committee. 
(c) The Committee may apply to the State Government at any time 
for instructions as to the manner in which it shall conduct the management 
of the Auditorium or in relation to any matter arising in the course of 
such management. 
(6) Subject to the other provisions of this Act and the rules made 
thereunder and to the control of the State Government, the Conimittee 
shall be entitled, notwithstanding anything contained in any other law 
for the time being in force, to exercise the powers to dispose of any 
property or assets in relation to the Auditorium. 
(7) Any person who, on the appointed day, has in his possession or 
under his control any books, papers or other documents in relation to the 
Auditorium, including the minutes books containing the resolutions of 
the Committee of Management (by whatever name called) of the 
Auditorium existing immediately before the appointed day, shall 
notwithstanding anything contained in any other law for the time being 
in force, be liable to account for the books, papers and other documents 
(including such minutes books) to the State Government or to such officer 
or other employee of the State Government as may be authorised by the 
State Government in this behalf. 
(8) Every person in charge of the management of the Auditorium 
immediately before the appointed day shall, within ten days from that 
day or within such further period as the State Government may allow in 
this behalf, furnish to the State Government or to such officer or other 
employee of the State Government as may be authorised by the State 
Government in this behalf a complete inventory of all properties and 
assets in relation to the Auditorium immediately before the appointed 
day. 
123 
The Calcutta University Institute (Taking over of 
Management of Auditorium) Act, 1985. 
[West Ben. Act 
(Sections 6-9.) 
Relinquish-
ment of 
management 
of the 
Auditorium. 
Application 
of fund. 
Power of 
Committee 
to appoint 
staff. 
6. (1) Notwithstanding anything contained in sub-section (1) of 
section 3, if, at any time before the expiry of the period referred to in 
that sub-section, it appears to the State Government that the purposes 
of the vesting of the management of the Auditorium in the State 
Government have been fulfilled or that for any other reason it is not 
necessary that the management of the Auditorium should remain vested 
in the State Government, it may, by order published in the Official Gazette, 
make over the management of the Auditorium to the person or persons 
under whose management the Auditorium was immediately before the 
appointed day, with effect from such date as may be specified in the 
order. 
(2) If the management of the Auditorium has not been made 
over under sub-section (2) of this section, the management of the 
Auditorium shall, on the expiry of the period referred to in sub-
section (1) of section 3, revert to the person or persons under whose 
management the Auditorium was immediately before the appointed 
day. 
7. The income derived from the Auditorium shall first be applied 
towards its maintenance (including the maintenance of staff, if any, for 
its management) and the balance, if any, shall be apportioned equally 
between the State Government and the Institute. 
8. The Committee may, with the previous approval of the State 
Government and on such terms and conditions as the State Government 
may determine, create such posts and appoint such staff as it may think 
fit for the exercise of its powers and discharge of its duties under this 
Act. 
Penalties. 	 9. Any person who,— 
(a) having in his possession or custody or under his control any 
property in relation to the Auditorium, wrongfully withholds 
such property from the State Government or the Committee 
or any person authorised under this Act, or 
(b) wrongfully obtains possession of any such property, or 
(c) wilfully retains, or fails to deliver, any property in relation 
to the Auditorium or removes or destroys it, or 
124 
The Calcutta University Institute (Taking over of 
Management of Auditorium) Act, 1985. 
XIV of 1985.] 
(Sections 10-14.) 
(d) wilfully witholds or fails to account for any books, papers 
or other documents which may be in his possession or 
custody or under his control to the State Government or the 
Committee or any person authorised under this Act, or 
(e) fails, without reasonable cause, to furnish information or 
particulars as provided in sub-section (8) of section 5, 
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. 
10. The business of the Committee shall be transacted in such manner 
as may be prescribed. 
11. (1) The State Government may, on an application made by the 
Committee in this behalf, advance moneys for the purpose of efficiently 
managing the Auditorium and all such moneys shall be repayable with 
such intererest as may be prescribed. 
(2) Any money advanced under sub-section (1) shall, subject to the 
prior payment of municipal rates, if any, and any sum due to the State 
Government on account of taxes or fees, be a first charge upon the 
properties in relation to the Auditorium. 
12. The State Government may, if it is satisfied that it is necessary 
or expedient so to do, direct by notification that the operation of all 
contracts, assurances of property, agreements, settlements, awards, 
standing orders or other instruments in force in relation to the Auditorium 
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 the 
notification. 
Transaction 
of business 
of the 
Committee. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc. to 
remain 
suspended. 
13. In computing the period of limitation for the enforcement of any 
right, privilege, obligation or liability referred to in section 12, the period 
during which it or the remedy for the enforcement thereof was suspended 
shall be excluded. 
14. The provisions of this Act or any notification, order or 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 law other than this Act or in 
any judgement, decree or order of any court, tribunal or other authority 
or in any contract, express or implied. 
Period of 
limitation. 
Act to have 
overriding 
effect. 
125 
The Calcutta University Institute (Taking over of 
Management of Auditorium) Act, 1985. 
[West Ben. Act XIV of 1985.] 
(Sections 15-18.) 
Protection of 
action taken 
in good 
faith. 
Power to 
make rules. 
Power to 
make 
regulations. 
15. (1) No suit, prosecution or other legal proceeding shall lie against 
the Committee or any officer or other employee of the State Government 
for anything which is in good faith done or intended to be done under 
this Act. 
(2) No suit or other legal proceeding shall lie against the State 
Government or the Committee or any of the officers or other employees 
of the State Government for any damage caused or likely to be caused by 
anything which is in good faith done or intended to be done under this 
Act. 
16. (1) The State Government may, by notification, make rules for 
carrying out the provisions 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, under any provision of this Act, are required to be prescribed or 
to be provided for by rules. 
17. (1) The Committee may, with the previous approval of the State 
Government, make regulations not inconsistent with the proyisions of 
this Act or the rules made thereunder, for discharging its functions under 
this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such regulations may provide for all or any of the 
following matters:— 
(a) the purpose for which the Auditorium may be used; 
(b) the fees for the use of the Auditorium and matters allied 
thereto. 
(3) All regulations shall be published in the Official Gazette. 
Power to 
remove 
difficulties. 
18. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by general or special order, do anything 
not inconsistent with such provisions, which appears to it to be necessary 
or expedient for the purpose of removing the difficulty. 
    
126 

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