The Lowis Jubilee Sanitarium ( Acquisition ) Act, 1986

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XI of 1986 
THE LOWIS JUBILEE SANITARIUM 
(ACQUISITION) ACT, 1986. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 13th April, 1986.] 
[13th April, 1986.] 
An Act to provide for the acquisition of the Lowis Jubilee Sanitarium at 
Darjeeling, andfor matters connected therewith or incidental thereto. 
WHEREAS it is expedient in the public interest to provide for the 
acquisition of the Lowis Jubilee Sanitarium at Darjeeling for the purpose 
of ensuring better facilities for board and lodging to the members of the 
public in general, and to the tourists in particular, for development and 
improvement of the Sanitarium and for matters connected therewith or 
incidental thereto; 
AND WHEREAS under article 300A of the Constitution of India, no person 
shall be deprived of his property save by authority of law; 
It is hereby enacted in the Thirty-seventh Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Lowis Jubilee Sanitarium 
(Acquisition) Act, 1986. 
(2) It shall be deemed to have come into force on the 16th day of 
February, 1986. 
2. In this Act, unless the context otherwise requires,— 
(a) "date of vesting" means the 16th day of February, 1986; 
(b) "Lowis Jubilee Sanitarium" means the Sanitarium established 
under the name and style of the Lowis Jubilee Sanitarium on 
the 1st day of September, 1887, at Darjeeling and shall be 
deemed to include— 
(i) all assets and properties (movable or immovable) 
including valuable securities, lands, buildings, works, 
materials, plants, power house, stores, instruments, 
machineries, vehicles of any kind, cash balances, 
Short title 
and 
commence-
ment. 
Definitions. 
75 
The Lowis Jubilee Sanitarium (Acquisition) Act, 1986. 
[West Ben. Act 
(Sections 3, 4.) 
deposits to its credit in any bank, cash in hand, reserve 
funds, investments and book debts and all other rights 
and interests arising out of such assets and properties as 
were immediately before the date of vesting in the 
ownership of the Sanitarium, 
(ii) its books of accounts, registers, records and all other 
documents of whatever nature relating to it including 
documents of title, and 
(iii) all rights, lease-holds, power, authorities and privileges, 
borrowings, obligations and liabilities of whatever 
nature owned or incurred by, or subsisting in respect of, 
the Sanitarium; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this Act; 
(e) "the Sanitarium" means the Lowis Jubilee Sanitarium. 
Acquisition 
of the 
Sanitarium. 
General 
effect of 
vesting. 
3. On and from the 16th day of February, 1986, the Sanitarium 
shall, by virtue of this Act, stand transferred to, and vest absolutely in, the 
State Government. 
4. (1) The Sanitarium which has vested in the State Government 
under section 3 shall, by force of such vesting, be freed and discharged 
from any trust, obligation, mortgage, charge, lien and all other incumbrances 
affecting it, and any attachment, injunction or decree or order of any court, 
tribunal or other authority restricting the use of the whole or any part of the 
Sanitarium in any manner shall be deemed to have been withdrawn. 
(2) Any contract, whether express or implied, or other arrangement, 
whether under any statute or otherwise, in so far as it relates to the afairs 
of the Sanitarium and in force immediately before the date of vesting shall 
be deemed to have terminated on the date of vesting. 
(3) Where any licence or other instrument in relation to the Sanitarium 
had been granted at any time before the date of vesting to the Sanitarium 
by the Central Government or the State Government or any other authority, 
the State Government shall, on and from the date of vesting, be deemed to 
be substituted in such licence or other instrument in place of the Sanitarium 
referred to therein as if such licence or other instrument had been granted 
to it. 
76 
The Lowis Jubilee Sanitarium (Acquisition) Act, 1986. 
XI of 1986.] 
(Sections 5, 6.) 
(4) Any liability incurred by the Sanitarium (including the liability, 
if any, arising in respect of any loans or amounts advanced by the State 
Government to the Sanitarium together with interest thereon) after the 
management of the Sanitarium had been taken over by the State 
Government, shall, on and from the date of vesting, be the liability of the 
State Government. 
(5) If, on the date of vesting, any suit, appeal or other proceeding of 
whatever nature in relation to any matter or business in respect of the 
Sanitarium, instituted or preferred by or against the Sanitarium, is pending, 
the same shall not abate, be discontinued or be, in any way, prejudicially 
affected by reason of the transfer of the Sanitarium or of anything 
contained in this Act, and the suit, appeal or other proceeding may be 
continued, proceeded with and enforced by or against the State Government. 
(6) Any person in possession or custody or control of the whole or any 
part of the Sanitarium on the date immediately before the date of vesting 
shall, on the date of vesting, deliver the possession of the Sanitarium or part 
thereof to the State Government or to such person as may be specified by 
the State Government in this behalf. 
(7) The State Government may take, or cause to be taken, such steps 
as it considers necessary for securing the possession of the Sanitarium 
which has vested in the State Government under section 3. 
5. For the removal of doubts, it is hereby declared that there shall not 
be paid any compensation for the acquisition of the Sanitarium by 
authority of this Act under article 300A of the Constitution of India. 
Acquisition 
without 
compensa-
tion. 
6. (1) Any person who,— 	 Penalty. 
(a) having in his possession, custody or control any property 
forming part of the Sanitarium, wrongfully withholds such 
property from the State Government or any person authorised 
by that Government in this behalf, or 
(b) worngfully obtains possession of, or retains, any property 
forming part of the Sanitarium or wilfully withholds or fails 
to furnish to the State Government or any person authorised 
by that Government any document relating to the Sanitarium 
which may be in his possession, custody or control or fails 
to deliver to the State Government or any person authorised 
by the Government any assets, books of account, registers or 
other documents in his custody relating to the Sanitarium, or 
77 
The Lowis Jubilee Sanitarium (Acquisition) Act, 1986. 
[West Ben. Act 
Employees 
to continue 
in service. 
(Sections 7, 8.) 
(c) wrongfully removes or destroys any property forming part 
of the Sanitarium or prefers any claim under this Act which 
he knows or has reason to believe to be false or grossly 
inaccurate, 
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 any offence punishable under this Act 
shall, at the time of convicting the accused person, order him to deliver or 
refund within such time as may be fixed by the court such property or any 
part thereof wrongfully withheld or wrongfully obtained or retained or 
such document wilfully withheld or not furnished or such assets, books of 
account, registers or other documents not delivered. 
(2) No court shall take cognizance of any offence punishable under 
this Act except with the previous sanction of the State Government or of 
an officer authorised by that Government in this behalf. 
7. 	 (1) Every person (not being a part-time or over-aged employee) 
who has been an employee of the Sanitarium immediately before the date 
of vesting shall, on and from the date of vesting become an employee of 
the State Government and shall hold office or service under the State 
Government on the same terms and conditions as would have been 
admissible to him if there had been no such vesting and shall continue to 
do so unless and until his employment under the State Government is duly 
terminated or until within six months from the date of vesting his 
remuneration and other conditions of service are duly altered by the State 
Government: 
Provided that any employee who is unwilling to continue in service in 
terms of the provisions of this sub-section may give three months' notice 
to the State Government to that effect and thereupon his service shall stand 
terminated with effect from the date immediately after the expiration of 
three months from the date of such notice. 
(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 services of any employee of the Sanitarium to the State Government 
shall not entitle him to any compensation under this Act or under any other 
law for the time being in force and no such claim shall be entertained by 
any court, tribunal or other authority. 
14 of 1947. 
Priority of 	 8. The claims arising out of the— claims. (a) wages, salaries and other dues payable to the employees by 
the Sanitarium, 
78 
The Lowis Jubilee Sanitarium (Acquisition) Act, 1986. 
XI of 1986.I 
West Ben. 
Ord. III of 
1986. 
(Sections 9-13.) 
(b) deductions made from the salaries and wages of the employees 
for provident fund, the Employees' State Insurance Fund 
and premium relating to the Life Insurance Corporation of 
India, and 
(c) arrears, in relation to contributions to be made by the 
Sanitarium to provident fund, the Employees' State Insurance 
Fund, premium relating to the Life Insurance Corporation of 
India and any other arrear under any law for the time being 
in force, 
shall have precedence over all other liabilities of the Sanitarium. 
9. No suit, prosecution or other legal proceeding shall lie against the 
State Government or any officer of that Government or any officer or other 
person authorised by that Government for anything which is in good faith 
done or intended to be done under this Act. 
10. The provisions of this Act 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. 
11. (1) The State Government may, by notification, 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. 
12. If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may, by order, not inconsistent with the provisions 
of this Act, remove the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from the date of coming into force of this Act. 
13. (1) The Lowis Jubilee Sanitarium (Acquisition) Ordinance, 1986 
is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the said Ordinance shall be deemed to have been validly done or 
taken under this Act. 
Protection of 
action taken 
in good faith. 
Act to have 
overriding 
effect. 
Power to 
make rules. 
Power to 
remove 
difficulties. 
Repeal and 
saving. 
79 

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