The Technicians' Studio Private Limited Act, 1980

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXVIII of 1980 
THE TECHNICIANS' STUDIO PRIVATE 
LIMITED ACT, 1980. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 24th July, 1980.] 
[24th July, 1980.] 
An Act to provide for the taking over of the Technicians' Studio Private 
Limited at 4, Baburant Ghosh Road, Calcutta-40 in the public interest 
for its management and maintenance and the subsequent acquisition 
of the same for the public purpose, namely, the growth and development 
of the film industry in West Bengal. 
WHEREAS it is expedient to provide for the taking over of the Technicians' 
Studio Private Limited at 4, Baburam Ghosh Road, Calcutta-40 in the 
public interest for its better management and maintenance and the 
subsequent acquisition of the same for the public purpose, namely, the 
growth and development of the film industry in West Bengal and for 
matters connected therewith or incidental thereto; 
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 Technicians' Studio Private Limited Short title. 
Act, 1980. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appointed day" means the date of publication of the 
notification issued under section 3; 
(b) "Company" means the Technicians' Studio Private Limited 
at 4, Baburam Ghosh Road, Calcutta-40, together with the 
movable properties, cash balances, reserve funds, cinema-
machineries, cameras, projectors, sound-recording machines, 
stores and any other property which may be in the ownership, 
possession, custody or control of the Company immediately 
before the commencement of this Act and also includes the 
lease-hold interest or for that matter the tenancy right of the 
Company in the premises; 
105 
The Technicians' Studio Private Limited Act, 1980. 
[West Ben. Act 
(Sections 3, 4.) 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "premises" means the land and buildings with fittings, 
fixtures and appurtenances thereto at 4, Baburam Ghosh 
Road, Calcutta-40 on which the studio of the Company is 
situated; 
(e) "prescribed" means prescribed by rules made under this 
Act. 
3. (1) The State Government shall, by notification, take over the 
management and control of the Company. 
(2) The notification issued under sub-section (1) shall, subject to sub-
section (3), remain in force for a period of five years from the date of its 
publication in the Official Gazette. 
(3) The notification under sub-section (1) shall cease to have any 
force with effect from the date specified in the notification issued under 
sub-section (1) of section 6. 
4. Subject to the provisions of section 6, with effect from the 
appointed day and for the period referred to in sub-section (2) of 
section 3— 
(a) the management and control of the Company shall stand 
transferred to the State Government; 
(b) the Company including its employees shall cease to exercise 
management and control in relation to the Company; 
(c) all contracts, assurances of property, agreements, settle-
ments or awards, decrees and orders of any Court or 
Tribunal or other instruments in force in relation to the 
Company 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 the 
notification; 
(d) subject to the provisions of clause (c) any proceeding pending 
or any cause of action existing before the appointed day in 
relation to the Company may be continued or enforced by or 
against the State of West Bengal and shall cease to be 
continued or enforced by or against the Company, its agents, 
sureties or guarantors; 
Taking over 
of manage-
ment of the 
Company. 
Transfer. 
106 
The Technicians' Studio Private Limited Act, 1980. 
XXVIII of 1980.1 
(Sections 5-7.) 
(e) the lease-hold interest or for that matter the tenancy-right of 
the Company in the premises shall devolve on the State 
Government and the State Government shall be liable to pay 
rent or compensation for the use and occupation of such 
premises with effect fromthe appointed day, till the acquisition 
of the premises by the State Government. 
5. ( I) The State Government shall, by order in writing, appoint an 
Administrator for managing the Company 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. 
6. (1) The State Government may, at any time within the period of 
five years from the appointed day, acquire the Company by notification, 
with effect from the date to be specified therein. 
(2) On the issue of the notification under sub-section (I ), the Company 
shall, with effect from the date specified in the notification, vest absolutely 
in the State Government free from all encumbrances. 
(3) Every person employed in connection with the affairs of the 
Company and continuing in office immediately before the date specified 
in the notification under sub-section (1) shall continue to hold office on and 
from that date on the same terms and conditions as to pay, leave, pension, 
gratuity and all other matters, unless and until his employment is terminated 
or until his remuneration or other terms and conditions of employment are 
altered by the State Government in accordance with such rules as may be 
made by the State Government in this behalf. 
14 of 1947. 	 (4) Notwithstanding anything contained in the Industrial Disputes 
Act, 1947 or any other law for the time being in force, the alteration in the 
terms and conditions of employment of an employee on the transfer of his 
services from the Company to any other post shall not entitle him to any 
compensation under this Act or any other law for the time being in force 
and no claim for such compensation shall be entertained by any court, 
tribunal or other authority. 
7. (1) For the acquisition of the Company under section 6, the 
compensation payable by the State Government to the persons interested 
in the Company shall, subject to sub-section (2), be the market value of the 
Company as on the date of notification under section 6. 
Appoint-
ment of 
Administra-
tor. 
Acquisition 
of the 
Company. 
Payment of 
compensa-
tion. 
107 
The Technicians' Studio Private Limited Act, 1980. 
[West Ben. Act 
Manner of 
payment of 
compensa-
tion. 
Penalty. 
(Sections 8, 9.) 
(2) (a) The State Government shall appoint a Tribunal consisting 
of a person who is or has been a District Judge or an Additional 
District Judge and such Tribunal shall determine— 
(i) the amount payable as compensation by the State Govern-
ment to the persons interested in the Company, 
(ii) the amount payable by the Company to the State Govern-
ment and other creditors, if any, of the Company. 
(b) The Tribunal shall, upon determination of the amount under 
sub-clauses (i) and (ii) of clause (a), make an award. In making the 
award the Tribunal shall, if necessary, deduct the amount under 
sub-clause (ii) of clause (a) out of the amount under sub-clause CO 
of that clause. 
(c) In addition to the market value of the Company as provided in 
sub-section (1), the Tribunal shall allow interest at the rate of six per 
canton per annum on the market value of the Company from the date of 
notification under section 6 till the date of the award. 
(3) The State Government may appoint one or more assessors to assist 
the Tribunal appointed under sub-section (2). 
(4) The Tribunal shall have the powers of a civil court while trying 
suits under the Code of Civil Procedure, 1908, in respect of the 5 of 1908. 
following matters:— 
(a) summoning and enforcing the attendance of any person and 
examining him on oath, 
(b) requiring the discovery or production of documents, 
(c) receiving evidence on affidavits, and 
(d) issuing commissions for the examination of witnesses 
and documents. 
(5) Any person aggrieved by the award of the Tribunal may 
appeal to the High Court within thirty days from the date of such 
award. 
8. For the acquisition of the Company the State Government 
shall, as soon as possible after the date of the award made by the Tribunal, 
or, as the case may be, the date of the order of the High Court in the 
case of an appeal, pay in cash to the persons interested in the Company 
the amount of compensation determined under section 7 together with 
interest at the rate of six per centum per annum from the date of the 
award till the date of payment. 
9. Any person who— 
(a) having in his possession, custody or control any property 
belonging to the Company, wrongfully withholds such 
property from the Administrator, or 
108 
The Technicians' Studio Private Limited Act, 1980. 
XXVIII of 1980.1 
(Sections 10-14.) 
(b) wrongfully obtains possession of any property forming part 
of the property of the Company, 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 document, 
books or other instruments, 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. 
10. No suit or prosecution or other legal proceeding shall lie against 
the State Government or any person appointed under this Act 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 in this behalf, advance moneys for the purpose of efficiently 
managing the Company and all such moneys shall be repayable by the 
Company 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 
Company. 
Protection of 
action taken 
under this 
Act. 
Advance by 
the State 
Government. 
12. In computing the period of limitation for the enforcement of Period of 
any right, privilege, obligation or liability referred to in clause (c) of limitation. 
section 4, the period during which it or the remedy for the enforcement 
thereof was suspended shall be excluded. 
13. The provisions of this Act or any order or rule made there- Act to have 
under shall have effect notwithstanding anything inconsistent overriding  effect. 
therewith contained in any other law or any instrument having effect by 
virtue of any other law. 
14. (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 is required to be prescribed or made by rules. 
109 

‹ Prev All West Bengal acts Next ›