West Ben.
Act XV of
1982.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XVII of 1991 THE MAYO HOSPITAL ACQUISITION (AMENDMENT) ACT, 1991.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 20th March, 1992.]
[20th March, 1992.]
An Act to amend the Mayo Hospital Acquisition Act, 1982.
WHEREAS it is expedient to amend the Mayo Hospital Acquisition . Act, 1982, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Forty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Mayo Hospital Acquisition Short title (Amendment) Act, 1991. and commencement.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In the long title of the Mayo Hospital Acquisition Act, 1982 Amendment o loe (hereinafter referred to as the principal Act), after the word "acquisition", of f West ngtitl Ben.
the words "and transfer" shall be inserted. Act XV of
1982.
3. In the preamble to the principal Act, after the word "acquisition", Amendment the words "and transfer" shall be inserted.
of preamble.
4. In sub-section (1) of section 1 of the principal Act, after the Amendment word "Acquisition", the words "and Transfer" shall be inserted. of section 1.
5. In section 2 of the principal Act, after clause (b), the following Amendment clauses shall be inserted:— of section 2.
`(b1) "Board of directors" has the same meaning as in clause (6) 1 of 1956. of section 2 of the Companies Act, 1956;
(b2) "company" means a company as defined in section 3 of the Companies Act, 1956;
(b3) "director" has the same meaning as in clause (13) of section 2 of the Companies Act, 1956;
197 The Mayo Hospital Acquisition (Amendment) Act, 1991.
[West Ben. Act (Section 6.)
(b4) "existing joint sector company" means a joint sector company which is carrying on business on the date of coming into force of the Mayo Hospital Acquisition (Amendment) Act, 1991;
(b5) "joint sector company" means a company in relation to which fifty per cent. of directors of the Board of directors is nominated by the State Government;
(b6) "new joint sector company" means a joint sector company formed and registered on or after the date of coming into force of the Mayo Hospital Acquisition (Amendment) Act, 1991;'.
Insertion of new section 6A.
6. After section 6 of the principal Act, the following section shall be inserted:— Tower to 6A. (1) Notwithstanding anything contained in transfer the sections 4 and 6, the State Government may, if it is satisfied Hospital on lease. that an existing, or new, joint sector company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, transfer the Hospital on lease to that existing, or new, joint sector company, as the case may be.
(2) The general superintendence, direction, control and management of the affairs and business of the Hospital shall, where the Hospital has been transferred on lease to an existing, or new, joint sector company, as the case may be, vest on the existing, or new, joint sector company, as the case may be, on and from the date on which the existing, or new, joint sector company, as the case may be, takes over the Hospital on transfer on lease and thereupon the existing, or new, joint sector company, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the State Government under this Act, is authorised to exercise and do in relation to the Hospital for its better management and maintenance in the public interest.
Explanation.—For the purposes of this section, "the Hospital" shall mean the Mayo Hospital at 67/1, Strand Road, Calcutta-6, to the exclusion of the indoor beds and provisions for outdoor services and its branches and dependent dispensaries, namely, Chandney Dispensary at 4 and 5, Temple Street, Calcutta-13 and the Chitpur Dispensary and Haridas Saha Institute of Otolaryngology at 656, Rabindra Sarani, Calcutta-3, and shall include all lands and buildings of the said Mayo Hospital at 67/1, Strand Road, Calcutta-6, but shall not include equipments, stores, drugs or other articles used as accessories to, or adjuncts of, the said Mayo Hospital and its branches and dependent dispensaries as aforesaid.'.
198 The Mayo Hospital Acquisition (Amendment) Act, 1991.
XVII of 1991.]
(Section 7.)
7. After section 8 of the principal Act, the following section shall Insertion be inserted:— of new
8A.
"Status of 8A. The services of every employee of the State employees Government who has been, immediately before the date on upon transfer of the Hospital which the existing, or new, joint sector company, as the on lease. case may be, takes over the Hospital on transfer on lease under section 6A, employed in connection with the affairs of the Hospital, shall, on and from the date as aforesaid, stand transferred to the Department of Health and Family Welfare of the State Government:
Provided that any such employee may, within such period and in such manner as the State Government may by order determine, exercise an option to become an employee of the existing, or new, joint sector company, as the case may be, on such terms and conditions as the existing, or new, joint sector company, as the case may be, may determine.".
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