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Section 7

The Rabindra Cultural Institutions ( Taking Over Of Management ) Act, 1980State Act of West Bengal · Act 53 of 1980

(1) Notwithstanding anything contained in the West Bengal Societies Registration Act, 1961 or in the memorandum and the rules and regulations of the notified Institution, so long as the management of the notified Institution remains vested in the Government—

(a) it shall not be lawful for the members of such notified Institution to appoint or nominate any person to be a member of the Governing Body (by whatever name called),

(b) no resolution passed at any meeting of the members of such notified Institution or at any meeting of the Governing Body (by whatever name called) on or after the date of vesting shall be given effect to unless approved by the Government,

(c) no proceeding for the dissolution of the notified Institution or for its merger with any oterh Institution or for the appointment of a receiver shall lie in any court except with the consent of the Government.

(2) Subject to the provisions of this Act, the West Bengal Societies Registration Act, 1961 shall continue to apply to the notified Institution in the same manner as it applied thereto before the date of vesting.

Application of West Ben.

Act XXVI of 1961.

249 The Rabindra Cultural Institutions (Taking over of Management) Act, 1980.

[West Ben. Act (Sections 8-12.)

Protection of 8. (1) No suit, prosecution or other legal proceeding shall lie against action taken the Government, the Administrator or any officer of Government in in good faith respect of anything which is in good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Government, the Administrator or any officer of the Government for any damage caused, or likely to be caused, by anything which is in good faith done or intended to be done under this Act.

Delegation 9. The Government may, by notification, direct that all or any of the of power. powers (except the power to make rules) exercisable by it under this Act may also be exercised by such person and on such conditions as may be specified in the notification.

Debts incuned for purposes of the notified Institution to have priority.

Penalty.

Act not to apply to certain Institutions.

10. Every debt arising out of any loan advanced to a notified Institution by the Government for carrying on the management of such Institution shall have priority over all other debts, whether secured or unsecured, incurred before the management of the Institution vested in the Government under this Act, and such debts shall be paid out of the assets of the notified Institution unless such assets are insuffi-.

cient to meet them in which case they shall abate to the extent of insufficiency.

Where this provision sits

ActThe Rabindra Cultural Institutions ( Taking Over Of Management ) Act, 1980
Section7
JurisdictionState of West Bengal
StatusIn force as published by the source

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