The Midnapore Medical College ( Taking Over Of Management And Subsequent Acquisition ) Act, 2002

41 
No. WB/CPS/Raj-90 (Part 111)/2003 
Regd. No. WB/SC-247 
Uottlatet 
Extraordinary 
Published by Authority 
   
MONDAY, FEBRUARY 17, 2003 	 [SAKA 1924 
MAGNA 28] 
 
    
  
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
  
NOTIFICATION 
No. 276-L.-17th February, 2003. —The following Act of the West Bengal Legislature, having been assented to by 
the President of India is hereby published for general information :— 
West Bengal Act Va. of 2002 
THE MIDNAPORE MEDICAL COLLEGE (TAKING OVER OF MANAGEMENT 
AND SUBSEQUENT ACQUISITION) ACT, 2002. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata Gazette, Extraordinary, 
of the 17th February, 2003.] 
An Act to provide for the taking over of the management and the subsequent acquisition of the 
Midnapore Medical College. 
WHEAREAS it is expedient in the public interest to make better provisions for the development, 
control. management and maintenance of the institution commonly known as the Midnapore Medical 
College at Mouza--Keranitola, J. L. No. 171, Police Station—Kotwali, Midnapore Town, in the district 
of Paschim Medinipur, with a view to promoting public health 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 Fifty-third Year of the Republic of India, by the Legislature of West 
Bengal, as follows.:- 
1. (1) This Act may be called the Midnapore Medical College (Taking over of Management 
and Subsequent Acquisition) Act, 2002. 
(2) It shall come into force at once. 
Definitions. 	
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 Midnapore Medical College at Mouza--Keranitola, J. L. 
No.171, Police Station --Kotwali, Midnapore Town, in the district of Paschim 
Medinipur together with the indoor-beds, if any, and provisions for outdoor services 
and dispensaries, if any, 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 
Midnapore Medical College; 
(c) "notification" means a notification published in the Official Gazette: 
(d\ "prescribed" means prescribed by rules made under this Act; 
(e) "Principal" means the Principal of the Midnapore Medical College, appointed under 
section 7. 
Short title and 
commencement. 
THE KOLKATA GAZE11E, EXTRAORDINARY, FEBRUARY 17,'2003 	 [p a - ng 
The Midnapore Medical College (Taking over of Management 
and Subsequent Acquisition) Act, 2002. 
(Sections 3-5.) 
Taking over of 
management 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 (I) shall remain 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, 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, 
free 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 on and from the date of vesting; 
(iv) every person (not being a part-time or averaged 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 such employee shall, if found to be eligible as 
per prescribed norms formulated for the institution, hold office on the same terms and 
conditions as would have been admissible to him as 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 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 intimated by him; 
(v) notwithstanding anything contained in any other 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. 
Payment of 	 5. ( 1) For the transfer to, and vesting in, the State Government of the institution under section compensation. 	 4, the compensation payable by the State Government for the buildings shall be such as may be determined 
by the Competent Authority referred to in sub-section (3) of this section, subject to the condition that 
deduction of all grants and contributions made by the State Government directly or through the Local 
Bodies 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 
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 buildings 
as provided in sub-section (1) shall be the market value thereof determined by the Competent Authorty 
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 Special Land Acquisition Collector, Paschim Medinipur, shall be the Competent Authority 
for the purposes 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, Paschim Medinipur, shall 
be the Appellate Authority for this purpose. 
(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 percent 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 buildings shall be such 
as may he prescribed. 
?AaT 111 
affect of taking 
wer of 
nanagement. 
Appointment 
of Principal. 
Penalty. 
THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2003 [3 
The Midnapore Medical College (Taking aver of Management and 
Subsequent Acquisition) Act, 2002. 
(Sections 6-8.) 
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 immediatly 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, or to any 
other person or persons as the State Government may think fit, 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),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: 
Provided that on vesting of the institution in the State Government, the reversion of the 
management of the institution shall not be necessary. 	 • 
(4) The Principal 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), 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 Centre for Advancement of Higher Education with its office 
at Midnapore Zilla Farishad Complex, Midnapore, entrusted with setting up 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. 
(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 Principal appointed under section 
7 or to such other person as may be authorised by the Principal 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 Principal a complete inventory of all properties and assets forming part of the 
institution, 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. 
7. (1) The State Government shall, by order in writing, appoint Principal 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 Principal in carrying 
out his functions under this Act. 
(3) The terms and conditions of service of the Principal and other person or persons who may be 
appointed to assist the Principal shall be such as may be prescribed. 
(4) Subject to such directions as the State Government may issue, the Principal shall have all 
the powers of setting up of the institution and its management and control. 
8. (1) Any person who— 
(a) 	 having in his possession, custody or control any property belonging to the 
institution, wrongfully withholds such property from the Principal. 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, 
shall be punishable with imprisonment for a term which may extend to one 
year. or with fine which may extend to five thousand rupees, or with both. 
(2) The offence under sub-section (1) shall be cognizable and non-bailable. 
41 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2003 	 PART 111 
The Midnapore Medical College (Taking over of Management and Subsequent Acquisition) Act, 2002. 
(Sections 9- 16) 
Power to defend 
suits and 
proceedings. 
Delegation of 
power. 
Protection of 
action under 
this Act. 
Advances by 
the State 
Government. 
Contracts, 
agreements, 
etc. to remain 
suspended.  
Period of 
limitation. 
Act to have 
overriding effect. 
Power to make 
rules. 
9. The Principal 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 
Principal 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 Principal in this behalt 
advance moneys for the purpose of developing and efficiently managing the institution, and all other 
aspects in relation to the establishment of the institution. 
(2) Any money advanced under sub-section (1) shall, subject to the prior payment of municipal 
taxes 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. 
14. hi 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 enforcement 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. 
16. (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 he prescribed or made by rules. 
By order of the Governor, 
A. K. BHATTACHARYA, 
Principal Secy. to the Govt. of West Bengal 
& Secy., Law Department. 
Published by the Controller of Printing & Stationery, West Bengal and printed by Asstt. Supdt. at "Secretary to the Governor's Press, Raj Bhavan, Kolkata". 

‹ Prev All West Bengal acts Next ›