The Indian College Of Arts And Draftsmanship ( Taking Over Of Management ) Act, 1977

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXV of 1977 
THE INDIAN COLLEGE OF ARTS AND 
DRAFTSMANSHIP (TAKING OVER OF MANAGEMENT) 
ACT, 1977. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 7th March, 1978.] 
[7th March, 1978.] 
An Act to provide for the taking over, in the public interest, of 
the management of the undertaking of the institution known as the 
Indian College of Arts and Draftsmanship at 139, Dharamtola 
Street, Calcutta, for a limited period, with a view to ensuring 
proper management thereof for promotion of art and culture, and 
for matters connected therewith or incidental thereto; 
WHEREAS it is expedient to provided for the taking over, in the 
public interest, of the management of the undertaking of the 
institution known as the Indian College of Arts and Draftsmanship 
at 139, Dharamtola Street, Calcutta, for a limited period, with a 
view to ensuring proper management thereof for promotion of art 
and culture, and for matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Twenty-eighth Year of the Republic 
of India, by the Legislature of West Bengal, as follows :- 
1. This Act may be called the Indian College of Arts and Short title. 
Draftsmanship (Taking over of Management) Act, 1977. 
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; 
(b) "bank" means a banking company as defined in clause 
	
10 of 1949. 	 (c) of section 5 of the Banking Regulation Act, 1949 
and includes the State Bank of India constituted under 
	
23 of 1955. 	 the State Bank of India Act, 1955, a subsidiary bank as 
281 
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977. 
[West Ben. Act 
(Sections 3,4.) 
Taking over of 
management of 
the undertaking 
of the 
institution. 
General effect 
of an order 
made under 
section 3. 
defined in the State Bank of India (Subsidiary Banks) 38 of 1959. 
Act, 1959, a corresponding new bank as defined in 
clause (d) of section 2 of the Banking Companies 5 of 1970. 
(Acquisition and Transfer of Undertakings) Act, 1970, 
a banking institution notified by the Central Government 
under section 51 of the Banking Regulation Act, 1949 10 of 1949. 
and also includes any other financial institution which 
may be notified in this behalf by the State Government; 
(c) "the institution" means the Indian College of Arts and 
Draftsmanship at 139, Dharamtola Street, Calcutta, a 
society registered under the Societies Registration Act, 21 of 1860. 
1860; 
(d) "the undertaking of the institution" shall be deemed to 
include all rights, powers, authorities and privileges of 
the institution and all properties movable or immovable, 
cash balances, reserve funds and other assets of the 
institution including furniture, stores,models, 
equipments, libraries, art materials, apparatus, tools, 
instruments, implements or any other property which 
may be in the ownership, possession,custody or control 
of the institution in relation to its undertaking 
immediately before the appointed day and all books of 
accounts, registers and other documents of whatever 
nature relating thereto; 
(e) "prescribed" means prescribed by rules made under 
this Act. 
3. (1) The State Government may, by an order published in 
the Official Gazette, take over the management of the undertaking 
of the institution and appoint an officer not below the rank of an 
Executive Magistrate or any Lecturer of not less than five years' 
standing of any university, or any college affiliated to any university, 
in West Bengal (hereinafter referred to as the Administrator) for 
managing the undertaking of the institution in accordance with the 
provisions of this Act and the rules made thereunder. 
(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) 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, 
282 
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977. 
XXXV of 1977.] 
(Section 4.) 
settlements, awards, standing orders or other instruments in force in 
relation to the institution immediately berofe 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. 
(2) A notification issued under sub-section (1) shall have 
effect notwithstanding anything to the contrary contained in any 
other law, agreement or instrument or any decree or order of any 
court, tribunal, officer or other authority. 
(3) Any remedy for the enforcement of any right, privilege, 
obligation or liability referred to in sub-section (1) and suspended 
or modified by a notification under that sub-section shall, in 
accordance with the terms of the notification, remain suspended or 
modified, and all proceedings relating thereto pending before any 
court, tribunal, officer or other authority shall accordingly be stayed 
or be continued subject to such modification so, however, that on 
the notification ceasing to have effect— 
(a) any right, privilege, obligation or liability so 
suspended or modified shall revive and be 
enforceable as if the notification had never been 
issued; and 
(b) any proceeding so stayed shall be proceeded with 
subject to the provisions of any law which may then 
be in force from the stage which had been reached 
when the proceeding was stayed. 
(4) In computing the period of limitation for the 
enforcement of any right,privilege,obligation or liability referred to 
in sub-section (1), the period during which it or the remedy for the 
enforcement thereof was suspended, shall be excluded. 
(5) With effect from the appointed day the Administrator 
shall have all the powers of management in relation to the institution. 
(6) All persons in charge of the management of the 
undertaking of the institution, immediately before the appointed 
day, shall be deemed to have vacated their offices on the appointed 
day. 
283 
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977. 
[West Ben. Act 
(Section 4.) 
(7) Notwithstanding anything contained in any law for the 
time being in force, no person in respect of whom any contract of 
management or other arrangement is terminated by reason of the 
provisions contained in sub-section (1), or who ceases to hold any 
office by reason of the provisions contained in sub-section (6), shall 
be entitled to claim any compensation for the premature termination 
of the contract of management or other arrangement or for the loss 
of office, as the case may be. 
(8) Every person in whose possession or custody or under 
whose control the undertaking of the institution or any part of it 
may be immediately before the appointed day shall, on the appointed 
day, deliver possession of the said undertaking or part thereof to the 
Administrator or to such person or authority as may be specified by 
the Administrator in this behalf. 
(9) Any person who, on the appointed day, has in his 
possession or under his control any books, papers or other documents 
relating to the undertaking of the institution including minute 
books, cheque books, letters, memoranda, notes or other 
communications shall, notwithstanding anything contained in any 
law for the time being in force, be liable to account for such books, 
papers and other documents or the minute books, cheque books, 
letters, memoranda, notes or other communications to the 
Administrator and shall deliver them up to the Administrator or to 
any such person or authority as may be specified by the Administrator 
in this behalf. 
(/0) The State Government may take,or cause to be taken, 
all necessary steps for securing the possession of the undertaking of 
the institution the management of which has been taken over by it 
under section 3. 
(11) Every person in charge of the management of the 
undertaking of the institution 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 
Administrator a complete inventory of all the properties and assets 
forming part of the undertaking of the institution immediately 
before the appointed day and of all the liabilities and obligations of 
the institution in relation to its undertaking subsisting, immediately 
before that day and also of all agreements entered into by such 
institution in relation to its undertaking and in force immediately 
before that day. 
284 
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977. 
XXXV of 1977.] 
(Sections 5-7.) 
(12) Notwithstanding anything contained in sub-section (1), 
every person employed in connection with the undertaking of the 
institution, who has been in such employment immediately before 
the apointed day, shall continue to hold office after the appointed 
day with the same rights as to pay, leave, pension, gratuity and all 
other matters, unless and until his employment in such undertaking 
is terminated or the terms and conditions of employment are altered 
by the State Government in accordance with such rules as may be 
prescribed. 
5. (1) The State Government may appoint one or more persons, 
to be called Deputy Administrators, to assist the Administrator, and 
other persons for carrying out the purposes of this Act. 
(2) A Deputy Administrator shall exercise such powers 
and discharge such duties as may be assigned to him by the 
Administrator. 
6. All properties which remain under the management of the 
State Government under this Act shall be used for the purposes for 
which they were being used immediately before the appointed day 
and upon the expiry of the period of two years the management of 
such properties shall revert to the institution. 
Power to 
appoint 
persons. 
Use of 
properties 
under the 
management 
of the State 
Government. 
7. (1) Any person who— 	 Penalty. 
(a) contravenes any of the provisions of sub-section (8), 
(9) or (11) of section 4, or 
(b) wilfully obtains possession of any property forming 
part of the undertaking of the institution, or 
(c) wilfully withholds or fails to produce to any person 
authorised under this Act, any register, record or other 
document 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 two years or with fine which may extend to two thousand rupees 
or with both. 
285 
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977. 
[West Ben. Act XXXV of 1977.] 
(Sections 8-12.) 
(2) All offences under this section shall be cognizable. 
Power of the. 	 8. The Administrator shall have the power to institute, defend or 
Administrator 	 take part in any suit or proceeding by or against the institution to institute, to 
defend suits 	 relating to the undertaking of the institution. 
and proceed-
ings. 
Advances 	 9. (1) The State Government may, on the application made 
by the State by the Administrator in this behalf, advance monies to the institution Government. 
for the purpose of efficiently managing the affairs of the institution 
and all such monies shall be repaid by the institution with such 
interest as may be prescribed. 
(2) Any money advanced by the State Government under 
sub-section (1) shall, subject to the prior payment of monthly rates 
and any sum due to the Central or State Governments or to any 
bank, on any account whatsoever, be a first charge upon the 
undertaking of the institution. 
10. No suit, prosecution or other legal proceeding shall lie against 
the State Government or the Administrator or any other person for 
anything which is in good faith done or intended to be done under 
this Act or the rules made thereunder. 
11. If any difficulty arises in giving effect to the provisions of 
this Act the State Government may take such steps or issue such 
directions not inconsistent with this Act as may be necessary for the 
removal of such difficulty. 
12 . (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 undertaking of the institution, 
(b) the terms and conditions of service of the Administrator, 
Deputy Administrators and other persons appointed for 
carrying out the purposes of this Act, and 
(c) any other matter which has to be, or may be, prescribed. 
Protection of 
action taken 
under the Act. 
Power to 
remove 
difficulties. 
Power to 
make rules. 
286 

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