West Ben.
Act XVII of 1967.
GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXXIV of 1976 THE CALCUTTA NATIONAL MEDICAL COLLEGE AND HOSPITAL (AMENDMENT) ACT, 1976.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 26th May, 1976.]
[26th May, 1976.]
An Act to amend the Calcutta National Medical College and Hospital Act, 1967.
WHEREAS it is expedient to amend the Calcutta National Medical College. and Hospital Act, 1967, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Twenty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the Calcutta National Medical College Short title.
and Hospital (Amendment) Act, 1976.
2. In the long title to the Calcutta National Medical College and Amendment itle en Hospital Act, 1967 (hereinafter referred to as the said Act), for the o of f We t t B.
words "take over for that purpose for a limited period the Act XVII of management", the words "provide for that purpose for the taking over 1967.
for a limited period of the management and the subsequent acquisition" shall be substituted.
3. In the preamble to the said Act, for the words "take over for that Amendment purpose for a limited period the management", the words "provide for of preamble.
that purpose for the taking over for a limited period of the management and the subsequent acquisition" shall be substituted.
4. In section 3 of the said Act, after the words "ten years Amendment thereafter", the following words shall be inserted, namely:— of section 3.
", or, in the case of acquisition of the institution under section 3A, till the date of such acquisition, whichever is earlier".
183 The Calcutta National Medical College and Hospital (Amendment) Act, 1976.
[West Ben. Act (Section 5.)
Insertion of new sections 3A and 3B.
5. After section 3 of the said Act, the following sections shall be inserted, namely:— "Acquisition of 3A. (1) The State Government may, if it so thinks the institution. fit, at any time within the period of ten years referred to in section 3, acquire the institution by notification published in the Official Gazette.
(2) On and from the date on which the notification referred to in sub-section (1) is published (hereinafter referred to as the date of vesting),—
(i) the institution together with—
(a) all lands thereof and appurtenants thereto and all buildings, erections and fixtures on such lands,
(b) all furniture, equipments, stores, drugs, monies and other assets of the institution, and
(c) all other properties and assets of the institution, which immediately before the appointed day vested in the Board of Trustees of the Calcutta National Medical Institute, a society registered under the Societies Registration Act, 1860, 21 of 1860.
shall stand transferred to and vest absolutely in the State Government free from all encumbrances;
(ii) all deeds of gift, endowment, bequest or trust, covering all properties and assets referred to in sub-clause (c) of clause (i), shall be construed as if they were executed in favour of the State Government;
(iii) the institution shall be run by the State Government as a State institution;
(iv) any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the management of any property or other affair of the institution, and in force immediately before the date of vesting shall be deemed to have terminated on and from the date of vesting;
(v) every person who has been an employee of the institution before the date of vesting shall, on and from the date of vesting, become an employee of the State Government and shall hold office on the same terms and conditions as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated or until the terms and conditions of his service are duly altered by the State Government by rules made in this behalf:
184 The Calcutta National Medical College and Hospital (Amendment) Act, 1976.
XXXIV of 1976.1 (Section 5.)
Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this clause shall stand terminated with effect from the date of vesting or from any other date to be notified by him;
(vi) notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage; to the contrary, the transfer of the service of any employee of the institution to the service of the State Government shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any court, tribunal or other authority.
Amount to 3B. (1) The State Government shall deposit, in cash, in be paid. the Court of the District Judge of 24-Parganas to the credit of the Board of Trustees of the Calcutta National Medical Institute, a 21 of 1860. society registered under the Societies Registration Act, 1860, being owners of the properties of the institution, an amount calculated at the rate of rupees one hundred for every year or part thereof during which the management of the institution remained vested in the State Government, for the vesting in the State Government of such management, and the Court shall, upon application, authorise the State Government to utilise the amount so deposited for the persons who are beneficially entitled to the assets of the institution under the trust.
(2) The State Government shall also deposit in cash, in the said Court to the credit of the Board of Trustees of the Calcutta National Medical Institute aforesaid, an amount equal to the sum of five thousand rupees for the transfer to, and vesting in, the State Government under section 3A, of the institution together with all its properties.
(3), For the avoidance of doubts it is hereby declared that the liabilities of the institution in relation to its properties which have vested in the State Government under section 3A, shall be met from the amount referred to in sub-section (2).
(4) In meeting the liabilities of the institution in relation to its properties which have vested in the State Government under section 3A, the Court shall distribute the amount referred to in sub-section (2), amongst the creditors of the institution, whether secured or unsecured, in accordance with their rights and interests, and if there is any surplus left after such distribution, the same shall be allowed by the Court, upon application, to be utilised by the State Government for the persons .beneficialy entitled to the assets of the institution under the trust.".
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