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Section 5

The North Suburban Hospital Acquisition Act, 1980State Act of West Bengal · Act 52 of 1980

(1) For the transfer to, and vesting in, the State Government of the Hospital under section 3, the compensation payable by the State Government for the lands and buildings shall be such as may be determined by the Competent Authority referred to in sub-section (3) of this section applying of 1894.

mutatis mutandis the provisions of the Land Acquisition Act, 1894 subject to the deductions of all liabilities relating to the lands and buildings and subject further to the condition that in respect of the lands and buildings which the North Suburban Hospital Society or its promoters received as gifts or donations or for permissive use from the original owners thereof, the compensation shall be determined and payable in accordance with the terms, conditions and stipulations made by the original owners thereof and subject to the deduction of all grants and contributions made by the State Government to the said North Suburban Hospital Society prior to the appointed day.

(2) The compensation payable by the State Government for. all other assets excepting the lands and buildings as provided in sub-section (1) shall be the market value thereof determined by the Competent Authority referred to in sub-section (3) of this section after deduction of all grants and donations made by the State Government to the said North Suburban Hospital Society prior to the appointed day.

(3) The Land Acquisition Collector, 24-Parganas, shall be the Competent Authority for the purpose of this Act.

(4) Any person aggrieved by the award of the Competent Authority may appeal to the Appellate Authority within thirty days from the date of the award and the District Judge, 24-Parganas, shall be the Appellate Authority for this purpose.

(5) The State Government shall, as soon as possible after the date of the award made by the Competent Authority, or as the case may be, the date of the order of the Appellate Authority in the case of an appeal, pay to the persons found entitled the amount of compensation determined under this section.

(6) The amount of compensation determined under this section shall carry interest at the rate of six per cent. per annum with effect from the appointed day till the date of payment of compensation.

Payment of compensation.

241 The North Suburban Hospital Acquisition Act, 1980.

[West Ben. Act (Sections 6-9.)

Management of the Hospital.

Protection from acts done in good faith.

Employment of certain employees to continue.

Act to override other laws.

6. The Hospital which has vested in the State Government under this Act shall be managed on behalf of the State Government by such person or authority as may be appointed by the State Government in this behalf in accordance with such rules as may be made by the State Government.

7. No suit, prosecution or other legal proceeding shall lie against the State Government or an officer or other employee serving in connection with the affairs of the Hospital for anything which is in good faith done or intended to be done under this Act.

Where this provision sits

ActThe North Suburban Hospital Acquisition Act, 1980
Section5
JurisdictionState of West Bengal
StatusIn force as published by the source

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