Section 3A in The Calcutta National Medical College And Hospital Act, 1967
3A. [ Acquisition of the institution. - [Section 3A inserted by W.B. Act 34 of 1976.]
(1)The State Government may, if it so thinks fit, at any time within the period of ten years referred to in section 3, acquire the institution by notification published in the Official Gazette].(2)On and from the date on which the notification referred to in subsection (1) is published (hereinafter referred to as the date of vesting),-(i)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, drugs, monies and other assets of the institution, and(c)all other properties and assets of the institution, which immediately before the appointed day vested in the Board of Trustees of the Calcutta National Medical Institute, a society registered under the Societies Registration Act, 1860,shall stand transferred to and vest absolutely in the State Government free from all encumbrances;(ii)all deeds of gift, endowment, bequest or trust, covering all properties and assets referred to in sub-clause (c) of clause (i), shall be construed as if they were executed in favour of the State Government;(iii)the institution shall be run by the State Government as a State institution;(iv)any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the management of any property or other affair of the institution, and in force immediately before the date of vesting shall be deemed to have terminated on and from the date of vesting;(v)every person who has been an employee of the institution before the date of vesting shall, on and from the date of vesting, become an employee of the State Government and shall hold office on the same terms and conditions as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated or until the terms and conditions of his service are duly altered by the State Government by rules made in this behalf:Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this clause shall stand terminated with effect from the date of vesting or from any other date to be notified by him;(vi)notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage, to the contrary, the transfer of the service of any employee of the institution to the service of the State Government shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any Court, tribunal or other authority.
