(1) Any person who—
(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 possession of any property forming part 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 Appointment of Administrator.
Penalty.
85 The Calcutta Homoeopathic Medical College and Hospital (Taking over of Management and subsequent Acquisition) Act, 1983.
[West Ben. Act Power to defend suits and proceedings.
Delegation of power.
Protection of action under this Act.
Advances by the State Government.
Contracts, agreements, etc., to remain suspended.
(Sections 9-13.)
(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 rupe es, or with both.
(2) No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government or of an officer specially empowered by the State Government in this behalf.
9.
The Administrator appointed under section 7 shall have the power to institute, defend or take part in, any suit or proceeding by or against the institution.
10.
The State Government may, by notification, direct that all or any of the powers (except the power to make rules) exercisable by it under this Act may also be exercised by such person and on such terms and conditions as may be specified in the notification.
11.
No suit, prosecution or other legal proceeding shall lie against the State Government or the Administrator or any other person appointed under section 7 for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
12.
(1) The State Government may, on the application made by the Administrator 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.
(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.
13.
The State Government may, if it is satisfied that it is necessary or expedient so to do, direct, by notification, that theements, operation awards, of all contracts, assurances of property, agreements, settl 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 enforeceable with such modifications and in such manner as may be specified in such notification.
86 The Calcutta Homoeopathic Medical College and Hospital (Taking over of Management and subsequent Acquisition) Act, 1983.
XI of 1983.]
(Sections 14-17.)
14. In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in section 13, the period during which it or the remedy for the enforcement thereof was suspended shall be excluded.
15. The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any other law.
Period of Limitation.
Act to have overriding effect.
West Ben.
Ord. XXV of
1982.