The Netaji Nagar College ( Taking Over Of Management ) Act, 1978

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XII of 1978 
THE NETAJI NAGAR COLLEGE (TAKING OVER OF 
MANAGEMENT) ACT, 1978 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 28th March, 1978.] 
[28th March, 1978.] 
An Act to make better provisions for the control, management and 
maintenance of the institution known as the Netaji Nagar College, 
Netaji Nagar, Regent Park, Calcutta-40 :  with a view to promoting 
education and to take over for that purpose for a limited period 
the management of all the properties belonging to the said 
institution or held for the benefit or use thereof: 
WHEREAS it is expedient in the public interest to make better 
provisions for the control, management and maintenance of the 
institution known as the Netaji Nagar College, Netaji Nagar, Regent 
Park, Calcutta-40, with a view to promoting education and to take 
over for that purpose for a limited period the management of all the 
properties belonging to the said institution or held for the benefit or 
use thereof; 
It is hereby enacted in the Twenty-ninth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Netaji Nagar College (Taking ShortUtle. 
over of Management) Act, 1978. 
2. In this Act, unless the context otherwise requires,— 	 Definitios. 
(a) "appointed day" means the fifteenth day of February, one 
thousand nine hundred and seventy-eight; 
(b) "the institution" means the Netaji Nagar College, Netaji 
Nagar, Regent Park, Calcutta-40, together with the lands, 
buildings, erections and fixtures constituting the same 
and includes all furniture, equipments, stores, moneys 
and other assets, and also all lecture rooms, laboratories 
45 
The Netaji Nagar College (Taking over of Management) Act, 1978. 
[West Ben. Act 
(Sections 3-5.) 
and libraries held or used in connection with, or as 
accessories to, or adjuncts of, the said Netaji Nagar 
College. 
Taking over of 
management of 
the institution. 
Effect of an 
order made 
under section 3. 
Reversion of the 
management of 
the institution. 
3. (1) The State Government may, by an order published in the 
Official Gazette, take over the management and control of the 
institution. 
(2) An order made under sub-section (1) shall remain in 
force for a period of two years from the date of its publication in 
the Official Gazette. 
4. (1) With effect from the appointed day the Administrator or 
the Committee appointed under section 6 shall have all the powers 
of management and control in relation to the institution together 
with— 
(a) all lands thereof and appurtenant thereto and all 
buildings, erections and fixtures on such lands; 
(b) all furniture, equipments, stores, moneys and other 
assets of institution. 
(2) (i) All persons exercising any power of management in 
relation to the institution by the terms of the constitution or 
management of the institution or by virtue of any judgement, decree 
or order of any court, 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; 
(ii) All such persons including the Receiver or the 
Administrator appointed by any court or any other person who has 
in his possession, custody or control any asset or assets of the 
institution shall forthwith deliver possession of such asset or assets 
to the Administrator or the Committee appointed under section 6. 
5. The institution shall remain under the management of the 
State Government for the period referred to in sub-section (2) of 
section 3 and shall be run for the purposes for which it was being 
46 
XII of 1978.] 
The Netaji Nagar College (Taking over of Management) Act, 1978. 
(Sections 6-8.) 
run immediately before the appointed day and upon the expiry of 
the said period the management shall revert to the person or persons 
who were in charge of the management of the institution immediately 
before the appointed day. 
 
 
6. (1) The State Government shall, by an order in writing, 
appoint an Administrator or a Committee consisting of such number 
of persons as the State Government may determine, 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 or the Committee in carrying out the 
functions under this Act. 
(3) The State Government shall by rules prescribe the terms 
and conditions of service of the Administrator or the members of 
the Committee and other person or persons who may be appointed 
to assist the Administrator or the Committee. 
Appointment of 
Administrator 
or Committee. 
7. The State Government shall make rules regarding the mode Transaction of 
of transaction of business of the Committee. 	 business of the 
Committee. 
8. 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 the possession of any property forming 
part of the property 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 six months, or with fine which may extend to five hundred 
rupees, or with both. 
47 
The Netaji Nagar College (Taking over of Management) Act, 1978. 
[West Ben. Act 
(Sections 9-14.) 
Power to 
defend suits 
and proceed-
ings. 
Protection of 
action taken 
under this Act. 
Advances by 
the State 
Government. 
Contracts. 
agreements, 
etc., to remain 
suspended. 
Period of 
limitation. 
Act to have 
overriding 
effect. 
9. The Administrator or the Committee appointed under 
section 6 shall have the power to institute, defend or take part in, 
any suit or proceeding by or against the institution. 
10. No suit or prosecution or other legal proceeding shall lie 
against the State Government or the Administrator or the Committee, 
as the case may be, appointed under section 6 or any other person 
for anything which is in good faith done or intended to be done 
under this Act or the rules made thereunder. 
11. (1) The State Government may, on the application made by 
the Administrator or the Committee 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 
by rules. 
(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. 
12. The State Government may, if it is satisfied that it is necessary 
or expedient so to do, direct, by notification published in the 
Official Gazette, 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. 
13. In computing the period of limitation for the enforcement of 
any right, privilage, obligation or liability referred to in section 12, 
the period during which it or the remedy for the enforcement 
thereof was suspended, shall be excluded. 
14. The provisions of this Act or any order or rule made thereunder 
shall have the effect notwithstanding anything inconsistent therewith 
contained in any other law or any instrument having effect by virtue 
of any other law. 
48 
The Netaji Nagar College (Taking over of Management) Act, 1978. 
XII of 1978.] 
(Sections 15-17.) 
15. If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may take such steps or issue such 
orders not inconsistent with the provisions of this Act, as may be 
necessary for the removal of the difficulty. 
16. (1) The State Government may make rules for carrying out Power to make 
the purposes of this Act. 	 rules. 
(2) In particular and without prejudice to the generality of 
the foregoing powers such rules may provide for— 
(a) the management of the institution; 
(b) the terms and conditions of service of the Administrator 
or the Committee and other person or persons appointed 
to assist the Administrator or the Committee; 
(c) the mode of transaction of business of the Committee. 
West Ben. Ord 
IX of 1978. 
17. (1) The Netaji Nagar College (Taking over of Management) 
Ordinance, 1978 is hereby repealed. 
(2) Anything done or any action taken under the Netaji 
Nagar College (Taking over of Management)Ordinance, 1978, shall 
be deemed to have been validly done or taken under this Act as if 
this Act had commenced on the fourteenth day of February, 1978. 
Repeal and 
savings. 
Power to 
remove 
difficulties. 
49 

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