( 1) The institution shall, so long as it remains under the management of the State Government, be run for the purposes for which it was being run immediately before the appointed day.
(2) The State Government may, at any time before the expiry of the period referred to in subsection (2) of section 3, by notification make over the management of the institution to the person or persons under whose management the institution was immediately before the appointed day, or to any other person or persons as the State Government may think fit, with effect from such date as may be specified in the notification.
(3) If the management of the institution has not been made over under sub-section (2), the management of the institution shall, on the expiry of the period referred to in sub-section (2) of section 3, revert to the person or persons under whose management the institution was immediately before the appointed day:
Provided that on vesting of the institution in the State Government, the reversion of the management of the institution shall not be necessary .
(4) The Director appointed under section 7 shall cease to function with effect from the date on which the management of the institution is made over under sub-section (2), or is reverted under subsection (3), as the case may be.
(5) The institution shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable or immovable, including lands, buildings, equipments, lecture rooms, libraries, stores, drugs, cash balances, reserve fund, investments and all ether rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the institution and all books of accounts, registers and all other documents of whatever nature.
(6)
(a) All persons constituting the Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences at 244B, Acharya Jagadish Chandra Bose Road, Kolkata- 700 020, in the district of Kolkata, entrusted with setting up of the institution and all other persons exercising any power of management in relation to the institution immediately before the appointed day shall be deemed to have vacated their offices and shall cease to exercise such power.
(b) All persons who have in their possession, custody or control any asset or assets of the institution shall forthwith deliver possession of such asset or assets to the Director appointed under section 7 or to such other person as may be authorised by the Director in this behalf.
(7) Every person in charge of the management of the institution immediately before the appointed day shall, within ten days from that day or within such further time as the State Government may allow in this behalf, furnish to the Director a complete inventory of all properties and assets forming part of the institution, and of all liabilities and obligations of the institution subsisting immediately before the appointed day.
(8) The State Government may take, or cause to be taken, all necessary steps for obtaining the possession of the institution.
4] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 5, 2003 WART Hi The Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences (Taking over of Management and Subsequent Acquisition) Act, 2002.
(Sections 7-16.)
7. (I) The State Government shall, by order in writing, appoint a Director for managing the institution in accordance with the provisions of this Act and the rules made thereunder.
(2) The State Government may appoint one or more person or persons to assist the Director in carrying out his functions under this Act.
(3) The terms and conditions of service of the Director and other person or persons, appointed under sub-section (2), shall be such as may be prescribed.
(4) Subject to such directions as the State Government may issue, the Director shall have all the powers of setting up of the institution and its management and control.
Penalty. 8. (1) Any person who-
(a) having in his possession, custody or control any property belonging to the institution, wrongfully withholds such property from the Director, 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
(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 one year, or with fine which may extend to five thousand rupees, or with both.
(2) The offence under sub-section (I) shall be cognizable and non-bailable.
9. The Director 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 ail 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 Director 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 Director in this behalf, advance moneys for the purpose of developing and efficiently managing the institution, and all other aspects in relation to the establishment of the institution.
(2) Any money advanced under sub-section (I) shall, subject to the prior payment of municipal taxes, and any sum due to the Government on account of taxes or fees, be a first charge upon the properties of the institution.
Appointment of Director.
Power to defend suits and proceedings.
Delegation of power.
Protection of action taken under this Act.
Advances by the State Government.
Contracts.
agreements, etc.
to remain suspended.
13. The State Government may, if it is satisfied that it is necessary or expedient so to do, direct, by notification, that the operation of all contracts, assurances or property, agreements, settlements, awards, 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 enforceable with such modifications and in such manner as may be specified in such notification.
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.
16.(1) The State Government may, by notification, make rules for carrying out the purposes 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.
Period of limitation.
Act to have overriding effect.
Power to make rules.
By order of the Governor, A. K. BHATTACHARYA, Principal Secy. to the Govt. of West Bengal & Secy., Law Department.
Published by the Cutztroller or Printing & Stationery. \Vest Ben_•al and printed by .A,stt Suptit at -Ssferetary to the Governor's Press. Raj Bhavan, Kolkata-.
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