The Upendra Nath Mukherjee Memorial Hospital Acquisition Act, 1982

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XVIII of 1982 
THE UPENDRA NATH MUKHERJEE MEMORIAL 
HOSPITAL 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, 19821 
[12th October, 1982.] 
An Act to provide for the acquisition of the Hospital known as the Upendra 
Nath Mukherjee Memorial Hospital at 24, Sura 3rd Lane, Beliaghata, 
Calcutta-10. 
WHEREAS it is expedient to provide for the acquisition of the Hospital 
known as the Upendra Nath Mukherjee Memorial Hospital at 24, Sura 3rd 
Lane, Beliaghata, Calcutta-10 for its better management and maintenance 
in the public interest and for matters connected therewith or incidental 
thereto; 
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 Upendra Nath Mukherjee Memorial 
Hospital Acquisition Act, 1982. 
(2) It shall be deemed to have come into force on the 27th day of 
August, 1982. 
Short title 
and 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appointed day" means the 27th day of August, 1982; 
(b) "the Hospital" means the Upendra Nath Mukherjee Memorial 
Hospital at 24, Sura 3rd Lane, Beliaghata, Calcutta-10, 
together with the indoor beds and provisions for outdoor 
services and dispensaries attached thereto and includes all 
lands and buildings, equipments, stores, drugs and other 
articles used in connection therewith as accessories to or 
adjuncts of the said Upendra Nath Mukherjee Memorial 
Hospital, Beliaghata, Calcutta run under the auspices of the 
Medical Aids Society of Bengal, a society registered under 
21 of 1860. 	 the Societies Registration Act, 1860; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this Act. 
151 
The Upendra Nath Mukherjee Memorial Hospital Acquisition 
Act, 1982. 
[West Ben. Act. 
(Sections 3, 4.) 
Hospital to 
vest in the 
State 
Government. 
General 
effect of 
vesting. 
3. On and from the appointed day the Hospital shall, by virtue of this 
Act, be transferred to, and vest in, the State Government. 
4. (1) The Hospital shall be deemed to include all rights, powers, 
authorities and privileges related to, and properties movable or immovable, 
cash balances, reserve fund and other assets of, the Hospital including 
lands, buildings, works, machinery, furniture, plants, laboratories, libraries, 
dispensaries, apparatus, tools, instruments and implements which may be 
in the ownership, possession, custody or control of the Hospital 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 
Hospital 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 
Hospital or any part of it may be immediately before the appointed day 
shall, on the appointed day, deliver possession of the Hospital 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 Hospital 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. 
(7) Subject to the provisions of sub-section (4), if on the appointed day 
any suit, appeal or other proceeding of whatever nature by or against the 
Hospital is pending, the same shall be continued, proceeded with or 
enforced by or against the Hospital. 
152 
The Upendra Nath Mukherjee Memorial Hospital Acquisition 
Act, 1982. 
XVIII of 1982.] 
(Section 5.) 
(8) The liabilities of the Hospital 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 Hospital which has vested in it 
under this Act. 
5. (1) For the transfer to, and vesting in, the State Government of 
the Hospital 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 Medical Aids Society of Bengal or its promoters 
received as gifts or donations or for permissive use from the original 
owners thereof, the compensation shall be determined and payable 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 Medical Aids 
Society of Bengal 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 said Medical Aids 
Society of Bengal 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. 
(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. 
Payment of 
compensa-
tion. 
153 
The Upendra Nath Mukherjee Memorial Hospital Acquisition 
Act, 1982. 
[West Ben. Act. 
(Sections 6-9.) 
Management 
of the 
Hospital. 
Protection 
from acts 
done in good 
faith. 
Employment 
of certain 
employees 
to continue. 
Act to 
override 
other laws. 
6. The Hospital 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 connec-
tion with the affairs of the Hospital 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 Hospital, 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 renumera-
tion or terms and conditions of employment determined by the State 
Government 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 
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 Hospital 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. 
14 of 1947. 
154 
The Upendra Nath Mukherjee Memorial Hospital Acquisition 
Act, 1982. 
XVIII 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 Hospital, wrongfully withholds such 
property from the State Government, or 
(b) wrongfully obtains possession of any property forming part 
of the Hospital which has vested in the State Government, 
or 
(c) wilfully withholds or fails to furnish to the State Government 
any document relating to the Hospital 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 wrong-
fully 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. 
West Ben. 
Ord. XXIII 
of 1982. 
12. (1) The State Government may, by notification, make rules (not Power to 
inconsistent with the provisions of this Act) for carrying out the purposes make rules. 
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 be, prescribed or made by rules. 
13. (1) The Upendra Nath Mukherjee Memorial Hospital Acquisition 
Ordinance, 1982, is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the said Ordinance shall be deemed to have been validly done or 
taken under this Act. 
Repeal and 
saving. 
155 

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