Registered No. WB/SC-247 No. WB(Part-III)/2005/SAR-13 °Rata pate Mtn mi-A Extraordinary Published by Authority BHADRA 3] THURSDAY, AUGUST 25, 2005 [SAKA 1927
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 2089-L.---25th August, 2005.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XVI of 2005 THE GREAT EASTERN HOTEL (ACQUISITION OF UNDERTAKING) (AMENDMENT) ACT, 2005.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 25th August, 2005.]
An Act to amend the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980.
WHEREAS it is expedient to amend the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Fifty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:- West Ben. Act XXVII of 1980.
Short title and commencement.
1. (1) This Act may be called the Great Eastern Hotel (Acquisition of Undertaking) (Amendment) Act, 2005.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 25, 2005 [PART III The Great Eastern Hotel (Acquisition of Undertaking) (Amendment) Act, 2005.
(Sections 2-5.)
Substitution of words "the Great Eastern Hotel Limited" for words "the Company" in West Ben. Act XXVII of 1980.
Amendment of section 2.
2. In the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 (hereinafter referred to as the principal Act), except in section 14, for the words "the Company", wherever they occur, the words "the Great Eastern Hotel Limited" shall be substituted.
3. In section 2 of the principal Act,— ( 1) clause (b) shall be omitted;
(2) after clause (c), the following clauses shall be inserted:— `(ca) "New Company" means a company as defined in the Companies 1 of 1956.
Act, 1956, to which the New Undertaking is transferred in accordance with the terms of the proviso to sub-section (2) of section 3;
(cb) "New Notification" means the notification referred to in the proviso to sub-section (2) of section 3;
(cc) "New Notification Date" means the date on which the notification under the proviso to sub-section (2) of section 3 is published in the Official Gazette;
(cd) "New Undertaking" means the properties, both movable and immovable, cash balance, reserve funds and other assets of, or in the ownership or control of, the Hotel Authority and the land and building of the erstwhile Great Eastern Hotel Limited held by the State Government, immediately before the New Notification Date, and all books of accounts, registers and other documents of whatever nature relating thereto;';
(3) after clause (e), the following clause shall be inserted:— `(ea) "State Government" means the Government of West Bengal;'.
Amendment of section 3.
Amendment of section 4.
4. To sub-section (2) of section 3 of the principal Act, the following proviso shall be added:— "Provided that the State Government may, by notification, provide for the vesting, and all matters connected therewith or incidental thereto, of the New Undertaking, or any part thereof, to a New Company and the Hotel Authority shall, from the date specified in such notification, cease to have the use of the New Undertaking, or such portion thereof, that have been transferred through such notification.".
5. In section 4 of the principal Act,—
(1) to sub-section (4), the following proviso shall be added:— "Provided that on and from the transfer of the New Undertaking, or any part thereof, to the New Company, the New Company shall be deemed to be substituted in the Licence or other instrument referred to in this sub-section in place of the Hotel Authority, as if such Licence or other instrument had been granted to the New Company.";
(2) for sub-section (5), the following sub-section shall be substituted:— "(5) Any liability incurred by the Great Eastern Hotel Limited (including the liability, if any, arising in respect of any loans or amounts advanced by the State Government to the Great Eastern Hotel Limited together with interest thereon) after the management of the undertaking of the Great Eastern Hotel Limited had been taken over by the State Government shall, on and from the appointed day, be the liability of the State Government and shall, on and from the date specified in the notification
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 25, 2005 3 Amendment of section 11.
Substitution of new section for section 15.
The Great Eastern Hotel (Acquisition of Undertaking) (Amendment) Act, 2005.
(Sections 6, 7.)
under sub-section (2) of section 3, stand transferred to, and vest in the Hotel Authority and further, on and from the New Notification Date, shall stand transferred to, and vest in the New Company, in the manner and to the extent transferred to it under the terms of the New Notification.
Explanation.—The liabilities that have not been transferred to the New Company from the Hotel Authority under the terms of the New Notification, shall continue to vest in the Hotel Authority.";
(3) for sub-section (6), the following sub-section shall be substituted:— "(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter or business in respect of the undertaking of the Great Eastern Hotel Limited, instituted or preferred by or against the Great Eastern Hotel Limited, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the Great Eastern Hotel Limited or of anything contained in this Act and the suit, appeal or other proceeding may be continued, proceeded with and enforced by or against the State Government and on and from the date specified in the notification under sub-section (2) of section 3, the Hotel Authority and further, on and from the New Notification Date, such suits, appeals or other proceedings, of any nature whatsoever, as may be notified in the New Notification, which are pending against the Hotel Authority as on the New Notification Date, shall stand transferred to the New Company from the New Notification Date.
Explanation.—The remaining suits, appeals and other proceedings shall continue to be against the Hotel Authority.".
6. To section 11 of the principal Act, the following proviso shall be added:— "Provided however that this section shall cease to have force and effect in relation to the New Undertaking, or any part thereof, that is transferred in terms of the proviso to sub-section (2) of section 3 and the State Government shall take steps to amend the rules made under this section accordingly prior to or consequent to such transfer.".
7. For section 15 of the principal Act, the following section shall be substituted:— "Protection of 15. No suit, prosecution or other legal proceeding shall lie against action taken in good faith. the State Government or any officer or other employee serving in connection with the affairs of the undertaking of the Great Eastern Hotel Limited or against any officer or employee of the New Company for anything which is in good faith done or intended to be done under this Act.".
By order of the Governor, MD. HES AMUDDIN, Secy.-in-charge to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056 Page 1 Page 2 Page 3