GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XIX of 1973 THE SRI RAMKRISHNA SARADA VIDYA MAHAPITHA ACT, 1973. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 5th April, 1973.] [5th April, 1973.] An Act to make better provision for the control, management and maintenance of the institution known as the Sri Ramkrishna Sarada Vidya Mahapitha at Kamarpukur, Hooghly, with a view to promoting education and to take over for that purpose for a limited period the management of all the property belonging to the said institution or held for the benefit thereof. WHEREAS it is expedient in the public interest to make better provision for the control, management and maintenance of the institution known as the Sri Ramkrishna Sarada Vidya Mahapitha at Kamarpukur, Hooghly, with a view to promoting education and to take over for that purpose for a limited period the management of all the property belonging to the said institution or held for the benefit thereof; It is hereby enacted in the Twenty-fourth Year of the Republic of India, by the Legislature of West :Bengal, as follows:-
1. This Act may be called the Sri Ramkrishna Sarada Vidya Short title. Mahapitha Act, 1973.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "appointed day" means the date of the order made under section 3;
(b) "the institution" means the Sri Ramkrishna Sarada Vidya Mahapitha at Kamarpukur, Hooghly, and includes all lecture rooms, laboratories, libraries, hostels and boarding houses used in connection with or as accessories to or adjuncts of the said Mahapitha. 81 The Sri Ramkrishna Sarada Vidya Mahapitha Act, 1973. [West Ben. Act (Sections 3-5.) State Govern- 3. The State Government may, by an order in writing, take over ment to take over the the management and control of the institution. management and control of the institution. Transfer. 4. With effect from the appointed day and for a period of two years thereafter—
(1) the institution together with—
(a) all lands thereof and appurtenant thereto and all buildings, erections and fixtures on such lands,
(b) all furniture, equipments, stores, moneys, and other assets of the institution, and
(c) all other properties of the institution, which immediately before the appointed day vested in the Anur Jana Shiksa Samsad, a society registered under the Societies 21 of 1860. Registration Act, 1860, shall stand transferred to the State Government and shall remain under the control and management of the State Government;
(2) any deed of gift, endowment, bequest or trust relating to any of the properties referred to in sub-clause (c) of clause (1) shall be construed as if it was executed in favour of the State Government;
(3) all contracts, debts and liabilities of the institution shall be deemed to be contracts, debts and liabilities of the State Government;
(4) any power or authority granted to any person either as a trustee or otherwise by any trust or other deed shall vest in the State Government;
(5) all persons in charge of the management of the institution immediately before the appointed day including the members of the Governing Body of the institution shall be deemed to have vacated their offices;
(6) the institution shall be run by the State Government as a State institution. Use of 5. All properties transferred to the State Government under this properties Act shall be used for the purposes for which they were being used transferred to the State immediately before the appointed day. Government. 82 The Sri Ramkrishna Sarada Vidya Mahapitha Act, 1973. XIX of 1973.] (Sections 6-8.)
6. The State Government shall, by an order in writing, appoint an Administraofficer not below the rank of a Deputy Collector or a lecturer of not less tor. than five years' standing in any College affiliated either to the Calcutta or to the Burdwan University (hereinafter referred to as the Administrator) for managing the institution in accordance with the provisions of this Act and the rules made thereunder.
7. If any difficulty arises in giving effect to the provisions of this Removal of Act the State Government may take such steps or issue such orders not difficulties. inconsistent with this Act as may be necessary for the removal of the difficulty.
8. (1) The State Government may 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—
(a) the management of the institution;
(b) the terms and conditions of service of the Administrator and other persons employed in the institution.
(3) Until such rules are made under clause (b) of sub-section (2), persons employed in the institution shall continue to remain under the terms and conditions of service in force immediately before the appointed day. Power to make rules. 83 Page 1 Page 2 Page 3