The Darjeeling Ropeway Company Limited ( Acquisition Of Undertaking ) Act, 1976

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XLVIII of 1976 
THE DARJEELING ROPEWAY COMPANY LIMITED 
(ACQUISITION OF UNDERTAKING) ACT, 1976. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 9th November, 1976.] 
[9th November, 1976.] 
An Act to provide for the acquisition, for public purpose, of the 
undertaking of the Darjeeling Ropeway Company Limited with a 
view to securing the proper administration and management 
thereof for the purpose of ensuring efficient operation of the 
ropeway service between Darjeeling and Bijanbari for carrying 
goods and merchandise so that the interests of the general public 
may be better served and for matters connected therewith or 
incidental thereto. 
WHEREAS it is expedient to provide for the acquisition, for public 
purpose, of the undertaking of the Darjeeling Ropeway Company 
Limited with a view to securing the proper administration and 
management thereof for the purpose of ensuring efficient operation of 
the ropeway service between Darjeeling and Bijanbari for carrying 
goods and merchandise so that the interests of the general public may be 
better served and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Darjeeling Ropeway Company Short title. 
Limited (Acquisition of Undertaking) Act, 1976. 
2. In this Act, unless the context otherwise requires,— 
(a) "appointed day" means such date as the State Government may, 
by notification, appoint; 
(b) "company" means the Darjeeling Ropeway Company Limited, 
1 of 1956. 	 being a company as defined in the Companies Act, 1956, 
having its registered office at 10, Clive Row, Calcutta-1; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "undertaking", in relation to the company, means the properties 
and assets of the company referred to in sub-section (1) of 
section 4. 
231 
Definitions. 
The Darjeeling Ropeway Company Limited (Acquisition of 
Undertaking) Act, 1976. 
[West Ben. Act 
(Sections 3-6.) 
Undertaking 
of the 
company 
to vest in 
the State 
Government. 
General 
effect of 
the vesting. 
Management 
of the 
undertaking. 
Power of 
the State 
Government 
to direct 
vesting of 
the under-
taking in a 
corporation. 
3. On and from the appointed day, the undertaking of the 
company shall, by virtue of this Act, stand transferred to, and vest in, 
the State Government free from all encumbrances. 
4. (1) The undertaking of the company shall be deemed to include 
all assets, rights, powers, authorities and privileges and all properties, 
movable and immovable, including lands, buildings, machineries, plants 
and equipments, cash balances, reserve funds, investments and all other 
rights and interests in, or arising out of, such properties as were, 
immediately before the appointed day, in the ownership, power or 
control of the company in relation to the undertaking and all books of 
account, registers, records and all other documents of whatever nature 
relating thereto but does not include any amount recoverable by the 
company from its debtors. 
(2) Any contract, whether express or implied, or other arrangement, 
whether under any statute or otherwise, in so far as it relates to the 
management of the business and affairs of the company in relation to its 
undertaking and in force immediately before the appointed day shall be 
deemed to have terminated on the appointed day. 
(3) All persons in charge of the management, including managers 
or any other personnel connected with the management of the company 
immediately before the appointed day, shall cease to deal with the 
management on and from the appointed day. 
(4) The State Government may take or cause to be taken all 
necessary steps for securing the possession of all properties of the 
undertaking which have vested in the State Government under section 3. 
5. The undertaking which has vested in the State Government 
under section 3 shall be managed by such person or body of persons as 
may be appointed by the State Government in this behalf and such 
person or body of persons shall carry on the management in accordance 
with such rules as may be made by the State Government. 
6. (1) Notwithstanding anything contained in sections 3, 4 and 
5, the State Government may, by order in writing, direct that the 
undertaking of the company together with all its properties and assets, 
specified in sub-section (1) of section 4, shall, instead of continuing to 
vest in the State Government, vest in such corporation owned or 
controlled by the State Government (hereinafter referred to as the 
corporation) and on such date, as may be specified in the direction. 
232 
The Darjeeling Ropeway Company Limited (Acquisition of 
Undertaking) Act, 1976. 
XLVIII of 1976.] 
(Section 7.) 
(2) When an order vesting the undertaking of the company in a 
corporation is made under sub-section (1), all the rights, liabilities and 
obligations of the State Government in relation to the undertaking of the 
company shall, on and from the date of such vesting, be deemed to have 
become the rights, liabilities and obligations, respectively, of such 
corporation. 
(3) The corporation shall, for the purpose of management and 
administration of the undertaking of the company, act in accordance 
with such direction, if any, as may be issued by the State Government in 
this behalf. 
(4) The corporation may also apply to the State Government at any 
time for instructions as to the manner in which the management of the 
undertaking of the company or in relation to any matter arising in the 
course of such management shall be conducted. 
14 of 1947. 	 7. (1) Every person who is a workman within the meaning of the Employment 
Industrial Disputes Act, 1947, and has been immediately before the of certain  employees appointed day, in the employment of the company shall become an to continue. 
employee of the State Government on and from the appointed day or, as 
the case may be, of the corporation in which the undertaking may be 
vested by an order under sub-section (1) of section 6 on and from the 
date of vesting in the corporation, and shall hold office on the same 
terms and conditions as would have been admissible to him if the 
undertaking of the company had not vested in the State Government or 
in such corporation, as the case may be, and shall continue to do so until 
his employment is duly terminated or until the terms and conditions of 
his service are duly altered by the State Government or such 
corporation, as the case may be, 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 
sub-section shall stand terminated with effect from the appointed day or 
from any subsequent date to be notified by him. 
(2) 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 company to the service of 
the State Government or of such corporation, as the case may be, 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 other authority. 
233 
The Darjeeling Ropeway Company Limited (Acquisition of 
Undertaking) Act, 1976. 
[West Ben. Act 
(Sections 8-11.) 
Amount to 
be paid for 
vesting 
of the 
properties. 
Duties to 
furnish 
particulars. 
8. For the vesting of the undertaking in the State Government 
under section 3, there shall be paid by the State Government to the 
company an amount of rupees twenty thousand. 
9. The company shall within such period as the State Government 
may allow in this behalf furnish to the State Government or to the 
corporation a complete inventory of all the properties and assets of the 
company as on the appointed day pertaining to the undertaking which 
has vested in the State Government under section 3. 
Penalties. 	 10. (1) Any person, who— 
(6) having in his possession, custody or control any property 
forming part of the undertaking of the company, wrongfully 
withholds such property from the State Government or the 
corporation; or 
(b) wrongfully obtains possession of any property forming part of 
the undertaking of the company which has vested in the State 
Government or in the corporation under this Act; or 
(c) wilfully withholds or fails to furnish to the State Government or 
the corporation, any document which may be in his possession, 
custody or control; or 
(d) wilfully fails to furnish an inventory as required under section 
9; 
shall be punishable with imprisonment for a term which may extend to 
two years, or with fine which may extend to ten thousand rupees, or 
with both: 
Provided that the court trying any offence under clause (a) or clause 
(b) or clause (c) of this sub-section may, at the time of convicting the 
accused person, order him to deliver up or refund, within a time to be 
fixed by the court, any property or cash wrongfully withheld or obtained 
or any document wilfully withheld or not furnished. 
(2) No court shall take cognizance of an offence punishable under 
this section except with the previous sanction of the State Government 
or an officer authorised by the Government in this behalf. 
11. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any law other than this Act 
or in any instrument having effect by virtue of any law other than this 
Act or in any decree or order of any court, tribunal or other authority. 
Act to have 
overriding 
effect. 
234 
The Darjeeling Ropeway Company Limited (Acquisition of 
Undertaking) Act, 1976. 
XLVIII of 1976.1 
(Sections 12, 13.) 
12. (1) No suit, prosecution or other legal proceeding shall lie Protection 
against the State Government or the corporation or any of its officers or of action taken in other employees for anything which is in good faith done or intended to good faith. 
be done under this Act. 
(2) No suit or other legal proceeding shall lie against the State 
Government or the corporation or any of its officers or other employees 
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. 
13. The State Government may, by notification, make rules for Power to 
carrying out the purposes of this Act. 	 make rules.  
235 

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