The K. S. Ray Tuberculosis Hospital Acquisition Act, 1979

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIV of 1979 
THE K. S. RAY TUBERCULOSIS HOSPITAL 
ACQUISITION ACT, 1979. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 16th June, 1979.] 
[16th June, 1979.] 
An Act to provide for the acquisition of the undertaking of the K. S. Ray 
Tuberculosis Hospital in the district of 24-Pargauas in the public 
interest for promotion of public health and for matters connected 
therewith or incidental thereto. 
WHEREAS it is expedient to provide for the acquisition of the 
undertaking of the K. S. Ray Tuberculosis Hospital in the district of 
24-Parganas in the public interest for promotion of public health and for 
matters connected therewith or incidental thereto; 
It is hereby enacted in the Thirtieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the K. S. 
Acquisition Act, 1979. 
Ray Tuberculosis Hospital Shorttitle 
and cotnmen-
cement. 
(2) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appointed day" means the date on which this Act comes into 
force; 
(b) "the institution" means the K. S. Ray Tuberculosis Hospital 
(including Dr. B. C. Roy Research Institute) in the district of 
24-Parganas, run by the Calcutta Medical Aid and Research 
Society, a society registered under the Societies Registration 
21 of 1860. 	 Act, 1860; 
(c) "prescribed" means prescribed by rules made under this Act. 
187 
The K. S. Ray Tuberculosis Hospital Acquisition Act, 1979. 
[West Ben. Act 
(Sections 3, 4.) 
Undertaking 
of the 
institution 
to vest in 
the State 
Government. 
General 
effect of 
vesting. 
3. On and from the appointed day, the undertaking of the institution 
shall, by virtue of this Act, be transferred to, and vest in, the State 
Government. 
4. (1) The undertaking of the institution shall be deemed to include 
all rights, powers, authorities and privileges of the institution and 
properties movable or immovable, cash balances, reserve funds and other 
assets of the institution including lands, buildings, works, machinery, 
furniture, stores, equipments, plants, laboratories, libraries, dispensaries, 
apparatus, tools, instruments, implements and all other properties 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 account, registers and all other documents of whatever 
nature relating thereto. 
(2) All properties included as aforesaid in the undertaking of the 
institution which has vested in the State Government under section 3 
shall, by virtue of such vesting, be freed and discharged from any trusts, 
obligations, mortgages, charges and other encumbrances affecting them, 
and any attachment, injunction or any decree or order of any court restricting 
the use of any such property in any manner shall be deemed to have been 
withdrawn. 
(3) Any contract, whether express or implied, or other arrangement, 
whether under any statute or otherwise, in so far as it relates to the affairs 
of the institution in relation to its undertaking and in force immediately 
before the appointed day shall be deemed to have terminated on the 
appointed day. 
(4) Subject to the provisions of sub-section (3),— 
(a) if on the appointed day any suit, appeal or other proceeding, 
of whatever nature, in relation to the undertaking of the 
institution is pending by or against the institution, the same 
shall be continued, proceeded with and enforced by or against 
the institution; 
(b) it is hereby declared that the liabilities of the institution in 
relation to its undertaking which has vested in the State 
Government under section 3 shall be met by the State 
Government in such manner as may be prescribed. 
(5) 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 State Government or to such 
person or authority as may be specified by the State Government in this 
behalf. 
188 
The K. S. Ray Tuberculosis Hospital Acquisition Act, 1979. 
XIV of 1979.] 
(Sections 5-8.) 
(6) The State Government may take, or cause to be taken, all necessary 
steps for securing the possession of the undertaking of the institution 
which has vested in it under section 3. 
5. The undertaking of the institution which has vested in the 
State Government under section 3 shall be managed on behalf of the 
State Government by such person or authority as may be appointed by 
the State Government in this behalf in accordance with such rules as 
may be prescribed. 
6. The State Government shall deposit, in cash, in the Court of the 
District Judge, 24-Parganas to the credit of the Calcutta Medical Aid and 
Research Society, an amount equal to the sum of rupees five thousand 
for the transfer to, and vesting in, the State Government under section 3, 
of the undertaking of the institution. 
7. (1) Any person who— 	 Penalty. 
(a) having in his possession, custody or control any property 
forming part of the undertaking of the institution, 
wrongfully withholds such property from the State 
Government, or 
(b) wrongfully obtains possession of any property forming 
part of the undertaking of the institution which has vested 
in the State Government under section 3, or 
(c) wilfully withholds or fails to furnish to the State 
Government any document in relation to the undertaking 
of the institution which may be in his possession, custody 
or control, 
shall be punishable with imprisonment for a term which may extend to 
two years, or with fine which may extend to five thousand rupees, or with 
both: 
Provided that the court trying an 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 wrongfully withheld or wrongfully 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 of an officer authorised by the State Government in this behalf. 
8. No suit, prosecution or other legal proceeding shall lie against 
the State Government or an officer or other employee serving in connec-
tion with the affairs of the undertaking of the institution for anything 
which is in good faith done or intended to be done under this Act. 
Protection 
of action 
taken in 
good faith. 
Management 
of the 
institution. 
Payment 
of amount. 
189 
The K. S. Ray Tuberculosis Hospital Acquisition Act, 1979. 
[West Ben. Act XIV of 1979.] 
(Sections 9-12.) 
Employees to 
continue in 
office. 
Delegation 
of power. 
Act to 
ovenide 
other laws. 
Powerto 
make rules. 
9. (1) Notwithstanding anything contained in sub-section (3) of 
section 4, every person (not being a part-time employee) employed in 
connection with the undertaking of the institution, who has been in 
such employment immediately before the appointed 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 until his remuneration or other 
terms and conditions of employment are altered by the State Government 
in accordance with such rules as may be made in this behalf. 
(2) Notwithstanding anything contained in the Industrial Disputes 
Act, 1947 or in any other law for the time being in force, the transfer of 
the service of any employee from the undertaking of the institution to 
any other post shall not entitle such employee to any compensation 
under this Act or under any other law for the time being in force and 
no claim for such compensation shall be entertained by any court, tribunal 
or other authority. 
10. The State Government may, by notification, direct that all or 
any of the powers exercisable by it by or under any of the provisions 
of this Act may also be exercised by such other person or authority as 
may be specified in the notification. 
11. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any other enactment or 
any judgement, decree or order of any court, tribunal or other authority 
or in any instrument having effect by virtue of any enactment other 
than this Act. 
12. (1) The State Government may, by notification published in the 
Official Gazette, 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. 
14 of 1947. 
190 

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