The North Suburban Hospital Acquisition Act, 1980

GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act LII of 1980 THE NORTH SUBURBAN HOSPITAL ACQUISITION ACT, 1980. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 30th January, 1981.] [30th January, 1980.] An Act to provide for the acquisition of the Hospital known as the North Suburban Hospital, Cossipore, Calcutta. WHEREAS it is expedient to provide for the acquisition of the Hospital known as the North Suburban Hospital, Cossipore, Calcutta, for its better management and maintenance in the public interest and for matters connected therewith or incidental thereto; It is hereby enacted in the Thirty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the North Suburban Hospital Short title and Acquisition Act, 1980. commence- ment. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appointed day" means the date on which this Act comes into force; (b) "the Hospital" means the North Suburban Hospital, Cos sipore, Calcutta, together with the indoor-beds and provisions for Outdoor services and dispensaries attached thereto and used in connection therewith and includes all lands and buildings, equipments, stores, drugs and other articles used in connection therewith as accessories to or adjuncts of the said North Suburban Hospital, Cossipore, Calcutta, run under the auspices of the "North Suburban Hospital Society", a society registered 21 of 1860.(cid:9) under the Societies Registration Act, 1860; (c) "notification" means a notification published in the Official Gazette; (d) "prescribed" means prescribed by rules made under this Act. 239 The North Suburban Hospital Acquisition Act, 1980. [West Ben. Act (Sections 3, 4.) Hospital to 3. On and from the appointed day the Hospital shall, by virtue of this vest in the Act, be transferred to, and vest in, the State Government. State Government. General 4. (1) The Hospital shall be deemed to include all rights, powers, effect of vesting. authorities and privileges related to, and properties movable or immovable, cash balances, reserve fund and other assets of, the Hospital including lands, buildings, works, machinery, furniture, plants, laboratories, libraries, dispensaries, apparatus, tools, instruments, implements which may be in the ownership, possession, custody or control of the Hospital immediately before the appointed day and all books of accounts, registers and all other documents of whatever nature relating thereto. (2) Every deed of gift, endowment, bequest or trust or other documents relating to any property and assets referred to in clause (b) of section 2 or sub-section (1) of this section shall be construed as if it were made or executed in favour of the State Government. (3) Properties which vest in the State Government under this Act shall, by virtue of the vesting, be freed and discharged from any trusts, obligations, mortgages, charges and other encumbrances affecting them, and any attachment, injunction or any decree or order of any court restricting the use of any such property in any manner shall be deemed to have been withdrawn. (4) Any contract, whether express or implied, or any arrangement, whether under any statute or otherwise, or any order made by any court, in so far as it creates any encumbrance or any liability in relation to the Hospital or any part of it shall be deemed to have terminated on the appointed day. (5) Every person in whose possession or custody or control the Hospital or any part of it may be immediately before the appointed day shall, on the appointed day, deliver possession of the Hospital or part thereof to the State Government or to such person or authority as may be specified by the State Government in this behalf. (6) Every person, who has in his possession or control any book, document or other papers relating to the Hospital or any part of it, shall be liable to account for the said book, document or other papers to the State Government or to such person as the State Government may appoint in this behalf. (7) Subject to the provisions of sub-section (4), if on the appointed day any suit, appeal or other proceeding of whatever nature by or against the Hospital is pending, the same shall be continued, proceeded with or enforced by or against the Hospital. 240 (cid:9) The North Suburban Hospital Acquisition Act, 1980. LII of 1980.] (Section 5.) (8) The liabilities of the Hospital shall, on and from the appointed day, be met by the State Government in such manner as may be prescribed. The State Government may take, or cause to be taken, all necessary (9) steps for securing the possession of the Hospital which has vested in it under this Act. Payment of 5. (1) For the transfer to, and vesting in, the State Government of the compensa- Hospital under section 3, the compensation payable by the State Government tion. 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.(cid:9) 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. 241 The North Suburban Hospital Acquisition Act, 1980. [West Ben. Act (Sections 6-9.) Manage- 6. The Hospital which has vested in the State Government under this ment of the Hospital. 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. Protection 7. No suit, prosecution or other legal proceeding shall lie against the from acts done in State Government or an officer or other employee serving in connection good faith. with the affairs of the Hospital for anything which is in good faith done or intended to be done under this Act. Employment 8. (1) Notwithstanding anything contained in sub-section (4) of of certain employees section 4, every person (not being a part-time employee) employed in to continue. connection with the affairs of the Hospital, who has been in such employment immediately before the appointed day shall become on and from the appointed day an employee of the State Government and shall hold office or service on the same terms and conditions and with the same rights to pay, leave, pension, gratuity and all other matters as would have been admissible to him had not this Act been passed, and shall continue to do so until or unless his remuneration and all other terms and conditions of employment are duly determined by the State Government: Provided that any employee not being satisfied with the remuneration or terms and conditions of employment determined by the State Government may terminate his employment by giving three months' notice to the State Government to that effect. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law in force for the time being, the alteration in 14 of 1947. the terms and conditions of employment of an employee or the transfer of his service from the Hospital to any other post shall not entitle him to any compensation under this Act or any other law in force for the time being and no claim for such compensation shall be entertained by any court, tribunal or other authority. (3) The remuneration and all other terms and conditions of employment of every person referred to in sub-section (1) shall be finally determined by the State Government within three months from the appointed day. Act to 9. The provisions of this Act shall have effect notwithstanding override other laws. anything to the contrary contained in any other law or in any instrument or in any decree or order of any court or other authority. 242 The North Suburban Hospital Acquisition Act, 1980. LII of 1980.] (Sections 10-12.) 10. ( 1) Any person who—(cid:9) Penalty. (a) having in his possession or custody or control any property forming part of the Hospital, wrongfully withholds such property from the State Government; or (b) wrongfully obtains possession of any property forming part of the Hospital which has vested in the State Government; or (c) wilfully withholds or fails to furnish to the State Government any document relating to the Hospital which may be in his possession, custody or control, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees, or with both: Provided that the court trying any offence under this section may, at the time of convicting the accused person, order him to deliver up or refund, within a time to be fixed by the court, any property wrongfully withheld or obtained or any document wilfully withheld or not furnished. (2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or of an officer authorised by the State Government in this behalf. 11. The State Government may, by notification, direct that all or any Delegation of powers. of the powers exercisable by it under this Act (except the power to make rules) may also be exercised by such other person or authority as may be specified in the notification. 12. (1) The State Government may, by notification, make rules for Power to make rules. carrying out the purposes of this Act.(cid:9) (2) In particular, and without prejudies to the generality of the fore- going power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed or made by rules. 243