The Niramoy Group Of Institutions Acquisition Act, 1982

O 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XVI of 1982 
THE NIRAMOY GROUP OF INSTITUTIONS 
ACQUISITION ACT, 1982. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 12th October, 1982.] 
[12th October, 1982.] 
An Act to provide for the acquisition of the Niramoy Group of 
Institutions in the public interest and for proper management thereof. 
WHEREAS it is expedient to provide for the acquisition of the Niramoy 
Group of Institutions in the public interest and for proper management 
thereof; 
It is hereby enacted in the Thirty-third Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Niramoy Group of Institutions 
Acquisition Act, 1982. 
(2) It shall be deemed to have come into force on the 27th day of 
August, 1982. 
2. In this Act, unless the context otherwise requires,— 
(a) "appointed day" means the date on which this Act comes 
into force; 
(b) "the Institution" means the Niramoy Group of Institutions, 
namely, the Niramoy T.B. Sanatorium, Giridanga in the 
district of Birbhum, the Niramoy Polyclinic and Research 
Foundation, Gariahat Road, Calcutta-19, the Niramoy Chest 
Clinic, 70, Ganesh Chandra Avenue, Calcutta-13 and the 
Niramoy Chest Clinic, 2, Asutosh Mukherjee Road, 
Calcutta-20, together with the indoor beds and provisions 
for outdoor services and dispensaries attached thereto and 
used in connection therewith and includes all lands and 
buildings, equipments, stores, drugs and other articles used 
in connection therewith as accessories to or adjuncts of the 
said Niramoy Group of Institutions run under the auspices of 
the General Council of Niramoy with head office at 78/1, 
Rafi Ahmed Kidwai Road, Calcutta-13; 
Short title 
and 
commence-
ment. 
Definitions. 
139 
The Niramoy Group of Institutions Acquisition Act, 1982. 
[West Ben. Act 
(Sections 3, 4.) 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this Act. 
Institution to 
vest in the 
State 
Government. 
General 
effect of 
vesting. 
3. On and from the appointed day the Institution shall, by virtue of 
this Act, be transferred to, and vest in, the State Government. 
4. (1) The Institution shall be deemed to include all rights, powers, 
authorities and privileges relating to, and properties, movable or immov-
able, cash balances, reserve fund and other assets of, the Institution 
including lands, buildings, works, machinery, furniture, plants, laboratories, 
libraries, dispensaries, apparatus, tools, instruments, implements which 
may be in the ownership, possession, custody or control of the Institution 
immediately before the appointed day and all books of accounts, registers 
and all other documents of whatever nature relating thereto. 
(2) Every deed of gift, endowment, bequest or trust or other documents 
relating to any property and assets referred to in clause (b) of section 2 or 
sub-section (1) of this section shall be construed as if it were made or 
executed in favour of the State Government. 
(3) Properties which vest in the State Government under this Act, 
shall, by virtue of the vesting, be freed and discharged from any trusts, 
obligations, mortgages, charges and other encumbrances affecting them, 
and any attachment, injunction or any decree or order of any court 
restricting the use of any such property in any manner shall be deemed to 
have been withdrawn. 
(4) Any contract, whether express or implied, or any arrangement, 
whether under any statute or otherwise, or any order made by any court, 
in so far as it creates any encumbrance or any liability in relation to the 
Institution or any part of it shall be deemed to have terminated on the 
appointed day. 
(5) Every person in whose possession or custody or control the 
Institution or any part of it may be immediately before the appointed day 
shall, on the appointed day, deliver possession of the Institution or part 
thereof to the State Government or to such person or authority as may be 
specified by the State Government in this behalf. 
(6) Every person, who has in his possession or control any book, 
document or other papers relating to the Instituiton or any part of it, shall 
be liable to account for the said book, document or other papers to the 
State Government or to such person as the State Government may appoint 
in this behalf. 
140 
The Niramoy Group of Institutions Acquisition Act, 1982. 
XVI of 1982.] 
(Section 5.) 
(7) Subject to the provisions of sub-section (4), if on the appointed 
day any suit, appeal of other proceeding of whatever nature by or against 
the Institution is pending, the same shall be continued, proceeded with or 
enforced by or against the Institution. 
(8) The liabilities of the Institution shall, on and from the appointed 
day, be met by the State Government in such manner as may be prescribed. 
(9) The State Government may take, or cause to be taken, all necessary 
steps for securing the possession of the Institution which has vested in it 
under this Act. 
5. (1) For the transfer to, and vesting in, the State Government of 
the Institution under section 3, 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 deduction of all liabilities relating to the lands and 
buildings and subject further to the condition that in respect of the lands 
and buildings which the General Council of Niramoy or its promoters 
received as gifts or donations or for permissive use from the original 
owners thereof, the compensation shall be determined and pay-
able in accordance with the terms, conditions and stipulations made by 
the original owners thereof and subject to the deduction of all grants 
and contributions made by the State Government to the said General 
Council of Niramoy prior to the appointed day. 
(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) of this section after deduction of all grants 
and donations made by the State Government to the original owners 
thereof prior to the appointed day. 
(3) The Land Acquisition Collector, 24-Parganas, 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, 24-Parganas, 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. 
Payment of 
compensa-
tion. 
141 
The Niramoy Group of Institutions Acquisition Act, 1982. 
[West Ben. Act 
Management 
of the 
Institution. 
Protection 
from acts 
done in good 
faith. 
Employment 
of certain 
employees 
to continue. 
Act to 
override 
other laws. 
(Sections 6-9.) 
(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 
appointed day till the date of payment of compensation. 
6. The Institution which has vested in the State Government under 
this Act shall be managed on behalf of the State Government by such 
person or authority as may be appointed by the State Government in this 
behalf in accordance with such rules as may be made by the State 
Government. 
7. No suit, prosecution or other legal proceeding shall lie against the 
State Government or an officer or other employee serving in connection 
with the affairs of the Institution for anything which is in good faith done 
or intended to be done under this Act. 
8. (1) Notwithstanding anything contained in sub-section (4) of 
section 4, every person (not being a part-time or over-aged employee) 
employed in connection with the affairs of the Institution, who has been 
in such employment immediately before the appointed day shall become 
on and from the appointed day an employee of the State Government 
and shall hold office or service with such remuneration, and on such terms 
and conditions, as may be determined by the State Government. 
Provided that any employee not being satisfied with the remuneration 
or terms and conditions of employment determined by the State Govern-
ment may terminate his employment by giving three months' notice to 
the State Government to that effect: 
Provided further that an employee shall be entitled to exercise option 
to retain the same rights to contributory provident fund as would have 
been admissible to him had not this Act been passed. 
(2) Notwithstanding anything contained in the Industrial Disputes 14 of 1947. 
Act, 1947 or in any other law in force for the time being, the alteration in 
the terms and conditions of employment of an employee or the transfer of 
his service from the Institution to any other post shall not entitle him to any 
compensation under this Act or any other law in force for the time being 
and no claim for such compensation shall be entertained by any court, 
tribunal or other authority. 
(3) The remuneration and the terms and conditions of employment 
referred to in sub-section (1) shall be finally determined by the State 
Government within three months from the appointed day. 
9. The provisions of this Act shall have effect notwithstanding 
anything to the contrary contained in any other law or in any instrument or 
in any decree or order of any court or other authority. 
142 
The Niramoy Group of Institutions Acquisition Act, 1982. 
XVI of 1982.] 
(Sections 10-13.) 
10. (1) Any person who— 	 Penalty. 
(a) having in his possession or custody or control any property 
forming part of the Institution, wrongfully withholds such 
property from the State Government, or 
(b) wrongfully obtains possession of any property forming 
part of the Institution which has vested in the State 
Government, or 
(c) wilfully withholds or fails to furnish to the State Govern-
ment any document relating to the Institution which may be 
in his possession, custody or control, 
shall be punishable with imprisonment for a term which may extend to 
two years or with fine which may extend to ten thousand rupees, or with 
both: 
Provided that the court trying any offence under this section may, 
at the time of convicting the accused person, order him to deliver up or 
refund, within a time to be fixed by the court, any property wrongfully 
withheld or obtained or any document wilfully withheld or not 
furnished. 
(2) No court shall take cognizance of an offence punishable under 
this section except with the previous sanction of the State Government or 
of an officer authorised by the State Government in this behalf. 
11. The State Government may, by notification, direct that all or any 
of the powers exercisable by it under this Act (except the power to make 
rules) may also be exercised by such other person or authority as may be 
specified in the notification. 
Delegation 
of powers. 
12. (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. 
West Ben. 
Ord. XXI of 
1982. 
13. (1) The Niramoy Group of Institutions Acquisition Ordinance, 
1982 is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the Niramoy Group of Institutions Acquisition Ordinance, 1982, 
shall be deemed to have been validly done or taken under this Act. ' 
Repeal and 
saving. 
143 

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