The Rabindra Cultural Institutions ( Taking Over Of Management ) Act, 1980

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LIII of 1980 
THE RABINDRA CULTURAL INSTITUTIONS 
(TAKING OVER OF MANAGEMENT) ACT, 1980. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Rabindra 
Cultural Institutions in West Bengal.] 
[5th February, 1980.] 
An Act to provide for the taking over for a limited period in the public 
interest for better management and control of Rabindra Cultural 
Institutions in West Bengal. 
WHEREAS it is expedient in the public interest to provide for better 
management and control of Rabindra Cultural Institutions in West Bengal 
and for that purpose to provide for the taking over of the management of 
such institutions for a limited period; 
It is hereby enacted in the Thirty-first Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Rabindra Cultural Institutions (Taking Short le 
over of Management) Act, 1980. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "date of vesting", in relation to any Rabindra Cultural 
Institution, means the date on which the management of the 
Institution vests in the Government under section 3; 
(b) "Government" means the Government of the State of West 
Bengal; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "notified Institution" means a Rabindra Cultural Institution 
the management whereof has vested in the Government 
under section 3; 
(e) "prescribed" means prescribed by rules made under this Act; 
245 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
[West Ben. Act 
(Sections 3, 4.) 
(f) "Rabindra Cultural Institution" means an Institution, by 
whatever name or description it is known, set up or initiated 
on the occasion of the birth centenary of Rabindranath Tagore, 
or set up or initiated subsequently but before the coming into 
force of this Act with a view to perpetuating his memory, 
either wholly or partly with Government funds, and used as a 
venue for cultural or recreational activities including the 
holding of seminars, civic receptions and musical and dramatic 
performances, but does not include any Institution established 
and maintained by any religious denomination for religious 
and charitable purposes. 
Vesting of 
manage-
ment of 
Institutions 
in the 
Government. 
General 
effect of 
vesting. 
3. (1) Where the Government is satisfied that for proper management 
of any Rabindra Cultural Institution it is expedient in the public interest so 
to do, it may, by notification, declare that the management of such 
Institution shall vest in the Government on and from such date as may be 
specified in the notification. 
(2) Every notification issued under sub-section (1) shall remain in 
force for a period of two years from the date specified therein: 
Provided that if the Government is of opinion that it is expedient in the 
public interest that the management should continue to vest in the 
Government for any further period or periods, it may, from time to time, 
by notification, extend the period by such further period (but not 
exceeding one year at a time) as may be specified in the notification: 
Provided further that the total period for which the management of a 
Rabindra Cultural Institution shall remain vested in the Government shall, 
in no case, exceed four years. 
Explanation. For the purposes of this Act, the period (including 
extension, if any), during which the management of a Rabindra Cultural 
Institution shall remain vested in the Government under this section shall 
hereafter be referred to as the "period of vesting". 
4. (1) A notified Institution shall, during the period of vesting be run 
for the purposes for which it was established. 
(2) Before the expiry of the period of vesting, the Government may, 
by notification, make over the management of the notified Institution to the 
authority under whose management the Institution was before the date of 
vesting, with effect from the date to be specified in the notification. 
246 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
LIII of 1980.] 
(Section 5.) 
(3) If the management of the notified Institution has not been made 
over under sub-section (2), the Government shall, on the expiry of the 
period of vesting, make over the management of the notified Institution to 
the authority under whose management such Institution was immediately 
before such vesting. 
(4) The Administrator appointed under section 5 shall cease to function 
with effect from the date on which the management of the notified 
Institution is made over to. the authority under sub-section (2) or sub-
section (3), as the case may be. 
(5) The notified Institution shall be deemed to include all assets, 
rights, powers, authorities and privileges in relation to that Institution and 
all property, movable and immovable, including lands, buildings, stores, 
instruments, machinery, cash balances, reserve fund, investment and all 
other rights and interests in or arising out of such property as were 
immediately before the date of vesting in the ownership, possession, 
power or control of that Institution and all books of account, registers and 
all other documents of whatever nature relating thereto. 
(6) Any contract (whether express or implied) or other arrangement 
(whether under any statute or otherwise) in so far as it relates to the 
management of the notified Institution and in force immediately before the 
date of vesting, or any order made by any court in so far as if relates to the 
management of the notified Institution and in force immediately before the 
date of vesting shall be deemed to have terminated on that date. 
(7) All persons in whom the management of the notified Institution 
vests immediately before the date of vesting shall, as from that date, be 
deemed to have vacated their offices and shall cease to exercise any power 
of control. 
(8) Notwithstanding any judgment, decree or order of any court, 
tribunal or other authority or anything contained in any law (other than this 
Act) for the time being in force, every Receiver, Official Liquidator or 
other person in whose possession or custody or under whose control the 
notified Institution or any part thereof may be immediately before the 
date of vesting, shall, on that date, .deliver possession of the notified 
Institution or such part thereof, as the case may be, to the Administrator 
appointed under section 5. 
(9) The Government may take, or cause to be taken, all necessary 
steps for obtaining the possession of the notified Institution. 
5. (1) The Government shall, by order in writing, appoint an 
Administrator who shall be an Officer not below the rank of Subdivisional 
Information Officer for the purpose of management of a notified Institution 
in accordance with the provisions of this Act and the rules made thereunder. 
Appoint-
ment of 
Adminis-
trator. 
247 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
[West Ben. Act 
(Section 5.) 
(2) On the appointment of an Administrator under sub-section (1), the 
charge of management of the notified Institution shall vest in such 
Administrator and all persons in charge of the management of such 
Institution, immediately before such appointment, shall cease to be in 
charge of such management and shall be. bound to deliver to the 
Administrator all assets, books of account, registers or other documents in 
their custody relating to such Institution. 
(3) The Government may issue such directions to the Administrator 
as to his powers and duties (including directions as to initiating, defending 
or continuing any legal proceedings before any court, tribunal or other 
authority) as the Government thinks fit and the Administrator may apply 
to the Government at any time for instructions as to the manner in which 
he shall carry on the management as to the notified Institution or in relation 
to any matter arising in the course of such management. 
(4) Subject to other provisions of this Act and the rules made thereunder 
and the control of the Government, an Administrator shall be entitled 
(notwithstanding anything contained in the West Bengal Societies 
Registration Act, 1961 or in any other law for the time being in force) 
to exercise all the powers, in relation to the notified Institution, of the 
Governing Body or, as the case may be, of the board of trustees or of the 
executive committee, including the powers to dispose of any property or 
assets of such notified Institution whether or not such powers are derived 
from any law for the time being in force or from the memorandum and 
rules and regulations of the concerned notified Institution or from any 
other source. 
(5) Any person who, on the date of vesting, has in his possession or 
control any books, papers or other documents relating to the notified 
Institution, shall, notwithstanding anything contained in any other law for 
the time being in force, be liable to account for the books, papers and other 
documents, to the Administrator and shall deliver them up to the 
Administrator or to such other person as may be authorised by the 
Administrator in this behalf. 
(6) Every person in charge of the management of the notifiedlnstitution 
immediately before the date of vesting, shall, within ten days from that 
date or within such further period as the Government may allow in 
this behalf, furnish to the Administrator a complete inventory of all 
properties and assets )including particulars of book debts, investments and 
belongings) forming part of the notified Institution immediately before 
the date of vesting and of all liabilities and obligations of the notified 
Institution subsisting immediately before the date of vesting. 
West Ben. 
Act XXVI of 1961. 
248 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
LIII of 1980.] 
(Sections 6, 7.) 
6. (1) Until an Administrator has been appointed under section 5, Management 
notifie the person-in-charge of management of a notified Institution immediately of 
Institution
d  
before the date of vesting shall, on and from that date, be in charge of the pending 
management of such Institution for and on behalf of the Government and appoint- 
ment of 
the management of such Institution shall be carried on by such person Adminis- 
subject to the provisions of sub-section (2) and such directions, if any, as 	 trator. 
the Government may issue in this behalf and no other person (so long as 
such management continues) shall exercise any power of management in 
relation to such notified Institution. 
(2) No person referred to in sub-section (1) shall— 
West Ben. 
Act XXVI 
of 1961. 
(i) incur any expenditure otherwise than for the purpose of 
making payments of salaries to employees or commissions 
to agents or for the purpose of meeting the day to day 
expenditure; 
(ii) transfer or otherwise dispose of any asset or create any 
charge, hypothecation, lien or other incumbrance thereon; 
(iii) enter into any contract of service or agency, whether 
expressly or by implication, for purposes connected with 
the affairs of the notified Institution or vary the terms 
and conditions of any contract subsisting on the date of 
vesting. 
7. (1) Notwithstanding anything contained in the West Bengal 
Societies Registration Act, 1961 or in the memorandum and the rules and 
regulations of the notified Institution, so long as the management of the 
notified Institution remains vested in the Government— 
(a) it shall not be lawful for the members of such notified Institu-
tion to appoint or nominate any person to be a member of the 
Governing Body (by whatever name called), 
(b) no resolution passed at any meeting of the members of such 
notified Institution or at any meeting of the Governing Body 
(by whatever name called) on or after the date of vesting 
shall be given effect to unless approved by the Government, 
(c) no proceeding for the dissolution of the notified Institution 
or for its merger with any oterh Institution or for the 
appointment of a receiver shall lie in any court except with 
the consent of the Government. 
(2) Subject to the provisions of this Act, the West Bengal Societies 
Registration Act, 1961 shall continue to apply to the notified Institution in 
the same manner as it applied thereto before the date of vesting. 
Application 
of West Ben. 
Act XXVI 
of 1961. 
249 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
[West Ben. Act 
(Sections 8-12.) 
Protection of 	 8. (1) No suit, prosecution or other legal proceeding shall lie against 
action taken the Government, the Administrator or any officer of Government in in good 
faith 	 respect of anything which is in good faith done or intended to be done under 
this Act. 
(2) No suit or other legal proceeding shall lie against the Government, 
the Administrator or any officer of the Government for any damage 
caused, or likely to be caused, by anything which is in good faith done or 
intended to be done under this Act. 
Delegation 	 9. The Government may, by notification, direct that all or any of the 
of power. powers (except the power to make rules) exercisable by it under this Act 
may also be exercised by such person and on such conditions as may be 
specified in the notification. 
Debts 
incuned for 
purposes of 
the notified 
Institution to 
have 
priority. 
Penalty. 
Act not to 
apply to 
certain 
Institutions. 
10. Every debt arising out of any loan advanced to a notified Institu-
tion by the Government for carrying on the management of such 
Institution shall have priority over all other debts, whether secured or 
unsecured, incurred before the management of the Institution vested 
in the Government under this Act, and such debts shall be paid out 
of the assets of the notified Institution unless such assets are insuffi-. 
cient to meet them in which case they shall abate to the extent of 
insufficiency. 
11. (1) If any person contravenes the provisions of this Act he 
shall be punishable with imprisonment for a term which may extend to 
three years or with fine which may extend to one thousand rupees or 
with both. 
(2) No Court shall take cognizance of any offence punishable under 
this Act except with the previous sanction of the Government. 
12. (1) The provisions of this Act shall not apply to any Institution 
which is owned by or is under the management of the Central Govern-
ment or a State Government or a Corporation established by or under 
an enactment (including an Ordinance) or a Government company as 
defined in section 617 of the Companies Act, 1956. 
(2) For the purposes of sub-section (1), the management of an Institu-
tion by a receiver or any authorised person appointed by the Central 
Government or a State Government under any law for the time being 
in force shall be deemed to be management by the Central Government or 
the State Government, as the case may be. 
I of 1956. 
250 
The Rabindra Cultural Institutions (Taking over of 
Management) Act, 1980. 
LIII of 1980.] 
(Sections 13, 14.) 
13. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any other law for the time 
being in force or any judgment, decree or order of any court, tribunal, or 
other authority or any instrument having effect by virtue of any law other 
than this Act. 
14. (1) The 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 is required to be prescribed or made by rules. 
Act to have 
overriding 
effect. 
Power to 
make rules. 
251 

‹ Prev All West Bengal acts Next ›