The Mahesh Bhattacharyya Homoeopathic Medical College And Hospital ( Taking Over Of Management And Subsequent Acquisition ) Act, 1985

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXIV of 1985 
THE MAHESH BHATTACHARYYA 
HOMOEOPATHIC MEDICAL COLLEGE 
AND HOSPITAL (TAKING OVER OF 
MANAGEMENT AND SUBSEQUENT 
ACQUISITION) ACT, 1985. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 6th February, 1986.] 
[6th February, 1986.] 
An Act to provide for the taking over of the management and the 
subsequent acquisition of the Mahesh Bhattacharyya Homoeopathic 
Medical College and Hospital. 
WHEREAS it is expedient in the public interest to make better provisions 
for the control, management and maintenance of the institution commonly 
known as the Mahesh Bhattacharyya Homoeopathic Medical College 
and Hospital at 1, G. T. Road (South) in the district of Howrah, with 
a view to promoting public health and to meet the growing needs of 
society for Homoeopathic System of education and to provide for that 
purpose for the taking over for a limited period of the management and 
the subsequent acquisition of all properties belonging to the said institution 
or held for the benefit thereof; 
It is hereby enacted in the Thirty-sixth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Mahesh Bhattacharyya Homoeopathic Short title. 
Medical College and Hospital (Taking over of Management and 
Subsequent Acquisition) Act, 1985. 
2. In this Act, unless the context otherwise requires,— 
(a) "appointed day" means the date of publication of the order 
made under section 3; 
(b) "the institution" means the Mahesh Bhattacharyya 
Homoeopathic Medical College and Hospital at 1, G. T. 
Road (South) in the district of Howrah together with the 
indoor-beds and provisions for outdoor services and 
Definitions. 
193 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
[West Ben. Act 
(Sections 3, 4.) 
dispensaries attached thereto and used in connection 
therewith and includes all lands and buildings, equipments, 
lecture rooms, libraries, stores, drugs and other articles held 
or used in connection with, or as accessories to, or as 
adjuncts of, the said Mahesh Bhattacharyya Homoeopathic 
Medical College and Hospital; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this 
Act. 
Taking over 
of manage-
ment of the 
institution. 
Acquisition 
of the 
institution. 
3. (1) The State Government shall, by order published in the Official 
Gazette, take over the management and control of the institution. 
(2) An order made under sub-section (1) shall ramain in force for 
a period of five years from the date of its publication in the Official 
Gazette or, in the case of acquisition of the institution under section 4, 
till the date of such acquisition, whichever is earlier. 
4. (1) The State Government may, if it so thinks fit, at any time 
within the period of five years referred to in sub-section (2) of section 
3, acquire the institution by notification. 
(2) On and from the date of the notification referred to in sub-section 
(1) (hereinafter referred to as the date of vesting),-- 
(i) the institution shall stand transferred to, and vest absolutely 
in, the State Government, tree from all encumbrances; 
(ii) the institution shall be run by the State Government as a 
State institution; 
(iii) any contract, whether express or implied, or other 
arrangement, whether made under any statute or otherwise, 
in relation to the management of any property or other 
affairs of the institution, and in force immediately before 
the date of vesting shall be deemed to have terminated or 
and from the date of vesting; 
(iv) every person (not being a part-time or over-aged employee) 
who has been an employee of the institution before the date 
of vesting shall, on and from the date of vesting, become 
an employee of the State Government and shall hold office 
on the same terms and conditions as would have been 
admissible to him if there had been no such vesting and 
194 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
XXXIV of 1985.] 
(Section 5.) 
shall continue to do so unless and until his employment 
under the State Government is duly terminated or until the 
terms and conditions of his service are duly altered by the 
State Government 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 clause shall stand terminated with effect 
from the date of vesting or from any other date to be notified 
by him; 
(v) 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 
institution to the service of the State Government 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 authority. 
5. (1) For the transfer to, and vesting in, the State Government of 
the institution under section 4, the compensation payable by the State 
Government for the lands and buildings shall be such as may be determined 
by the Competent Authority referred to in sub-section (3) of this section 
1 of 1894. 
	
	 applying, mutatis mutandis, the provisions of the Land Acquisition Act, 
1894, subject to the condition that deduction of all grants and contributions 
made by the State Government to the institution for the purpose of lands 
and buildings prior to the appointed day shall be made and subject further 
to the condition that the total amount of financial assistance received 
from the Central Government, if any, for construction of buildings by 
the institution prior to the appointed day shall be taken into consideration 
for determination of the quantum of such compensation. 
(2) The compensation payable by the State Government for all other 
assets excepting the lands and buildings as provided in sub-section (1) 
shall be the market value thereof determined by the Competent Authority 
referred to in sub-section (3) after deduction of all grants and donations 
made by the State Government to the institution specifically for the 
purpose of creation of such other assets prior to the appointed day. 
(3) The Land Acquisition Collector, Howrah, shall be the Competent 
Authority for the purpose of this Act. 
(4) Any person aggrieved by the award of the Competent Authority 
may appeal to the Appellate Authority within thirty days from the date 
of the award and the District Judge, Howrah, shall be the Appellate 
Authority for this purpose. 
Payment of 
compensa-
tion. 
195 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
[West Ben. Act 
(Section 6.) 
(5) The State Government shall, as soon as possible after the date 
of the award made by the Competent Authority or, as the case may be, 
the date of the order of the Appellate Authority in the case of an appeal, 
pay to the persons found entitled the amount of compensation determined 
under this section. 
(6) The amount of compensation determined under this section shall 
carry interest at the rate of six per cent. per annum with effect from the 
date of vesting till the date of payment of compensation: 
Provided that the rate of interest on the amount of compensation for 
the lands and buildings shall be the same as in the Land Acquisition Act, 
1894. 
1 of 1894. 
Effect of 
taking over 
of 
manage-
ment. 
6. (1) The institution shall, so long as it remains under the 
management of the State Government, be run for the purposes for which 
it was being run immediately before the appointed day. 
(2) The State Government may, at any time before the expiry of the 
period referred to in sub-section (2) of section 3, by notification make 
over the management of the institution to the person or persons under 
whose management the institution was immediately before the appointed 
day, with effect from such date as may be specified in the notification. 
(3) If the management of the institution has not been made over 
under sub-section (2) of this section, the management of the institution 
shall, on the expiry of the period referred to in sub-section (2) of section 
3, revert to the person or persons under whose management the institution 
was immediately before the appointed day. 
(4) The Administrator appointed under section 7 shall cease to 
function with effect from the date on which the management of the 
institution is made over under sub-section (2), or is reverted under sub-
section (3), of this section, as the case may be. 
(5) The institution shall be deemed to include all assets, rights, 
powers, authorities and privileges and all property movable or immovable 
including lands, buildings, equipments, lecture rooms, libraries, stores, 
drugs, cash balances, reserve fund, investments and all other rights and 
interests in or arising out of such property as were immediately before 
the appointed day in the ownership, possession, power or control of the 
institution and all books of accounts, registers and all other documents 
of whatever nature. 
(6) (a) All persons constituting the Governing Body of the institution 
and all other persons exercising any power of management in relation 
to the institution immediately before the appointed day shall be deemed 
to have vacated their offices and shall cease to exercise such power. 
196 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
XXXIV of 19851 
(Sections 7, 8.) 
(b) All persons who have in their possession, custody or control 
any asset or assets of the institution shall forthwith deliver possession 
of such asset or assets to the Administrator appointed under section 7 
or to such other person as may be authorised by the Administrator in 
this behalf. 
(7) Every person in charge of the management of the institution 
immediately before the appointed day shall, within ten days from that 
day or within such further time as the State Government may allow in 
this behalf, furnish to the Administrator a complete inventory of all 
properties and assets forming part of the institution immediately before 
the appointed day and of all liabilities and obligations of the institution 
subsisting immediately before the appointed day. 
(8) The State Government may take, or cause to be taken, all necessary 
steps for obtaining the possession of the institution. 
0 7. (1) The State Government shall, by order in writing, appoint an 
Administrator for managing the institution in accordance with the 
provisions of this Act and the rules made thereunder. 
(2) The State Government may appoint one or more persons to assist 
the Administrator in carrying out his functions under this Act. 
(3) The terms and conditions of service of the Administrator and 
other person or persons who may be appointed to assist the Administrator 
shall be such as may be prescribed. 
(4) Subject to such directions as the State Government may issue 
from time to time, the Administrator shall have all the powers of 
management and control in relation to the institution. 
8. (1) Any person who— 	 Penalty. 
(a) having in his possession, custody or control any property 
belonging to the institution, wrongfully withholds such 
property from the Administrator, or 
(b) wrongfully obtains possession of any property forming part 
of the institution, or 
(c) wilfully withholds or fails to produce to any person authorised 
under this Act, any register, record or other documents 
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, 
Appoint-
ment of 
Administra-
tor. 
197 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
[West Ben. Act 
(Sections 9-13.) 
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. 
(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 specially empowered by the State Government in this 
behalf. 
Power to 
defend suits 
and 
proceedings. 
Delegation 
of power. 
Protection of 
action under 
the Act. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc., to 
remain 
suspended. 
9. The Administrator appointed under section 7 shall have the 
power to institute, defend or take part in, any suit or proceeding by or 
against the institution. 
10. The State Government may, by notification, direct that all or any 
of the powers (except the power to make rules) exercisable by it under 
this Act may also be exercised by such person and on such terms and 
conditions as may be specified in the notification. 
11. No suit, prosecution or other legal proceeding shall lie against 
the State Government or the Administrator or any other person appointed 
under section 7 for anything which is in good faith done or intended to 
be done under this Act or the rules made thereunder. 
12. (1) The State Government may, on the application made by the 
Administrator in this behalf, advance moneys for the purpose of efficiently 
managing the institution and all such moneys shall be repayable with 
such interest as may be prescribed. 
(2) Any money advanced under sub-section (1) shall, subject to the 
prior payment of municipal rates and any sum due to Government on 
account of taxes or fees, be a first charge upon the properties of the 
institution. 
13. 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 institution 
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 such 
notification. 
198 
The Mahesh Bhattacharyya Homoeopathic Medical College and 
Hospital (Taking over of Management and Subsequent 
Acquisition) Act, 1985. 
XXXIV of 1985.] 
(Sections 14-16.) 
14. In computing the period of limitation for the enforcement of any 
right, privilege, obligation or liability referred to in section 13, the period 
during which it or the remedy for the enforecement thereof was suspended 
shall be excluded. 
15. The provisions of this Act or any 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 other law. 
Period of 
limitation. 
Act to have 
overriding 
effect. 
16. (1) The State Government may, by notification, make rules for Power to 
carrying out the purposes of this Act. 	 make rules.  
(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 or made by rules. 
199 

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