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State of West Bengal - Act

The Lumbini Park Mental Hospital Acquisition Act, 1984

WEST BENGAL
India

The Lumbini Park Mental Hospital Acquisition Act, 1984

Act 11 of 1984

Published on 5 April 1984
Commenced on 5 April 1984
[This is the version of this document from 5 April 1984.]
[Note: The original publication document is not available and this content could not be verified.]

The Lumbini Park Mental Hospital Acquisition Act, 1984West Bengal Act 11 of 1984[5th April, 1984.]Assent of the President was first published in the Calcutta Gazette, Extraordinary, dated the 5th April, 1984.An Act to provide for the acquisition of the Lumbini Park Mental Hospital.Whereas it is expedient to provide for the acquisition of the Hospital known as the Lumbini Park Mental Hospital at No. 115, Girindra Sekhar Bose Road, Calcutta-39 (in the district of 24-Parganas) for its better management and maintenance in the public interest and for matters connected therewith or incidental thereto;It is hereby enacted as follows: -

1. Short title and commencement.

(1)This Act may be called the Lumbini Park Mental Hospital Acquisition Act, 1984.

(2)It shall be deemed to have come into force on the 2nd day of February, 1984.

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"appointed day" means the 2nd day of February, 1984;

(b)"the Hospital" means the Lumbini Park Mental Hospital at No. 115, Girindra Sekhar Bose Road, Calcutta-39 (in the district of 24-Parganas) including the female ward at No. 2, Girindra Sekhar Bose Road, Calcutta-39, together with the indoor beds and provisions for outdoor services and dispensaries attached thereto and used in connection therewith, and includes all lands (other than the requisitioned land), buildings (other than the rented buildings at No. 2 and No. 120, Girindra Sekhar Bose Road, Calcutta-39), equipments, stores, drugs and other articles held or used in connection with, or as accessories to, or as adjuncts of, the said Lumbini Park Mental Hospital, run under the auspices of the "Society for Mental Care at No. 20, Harinath De Road, Calcutta-9" as lessee and the "Indian Psycho-Analytical Society at No. 14, Parsi Bagan Lane, Calcutta-9" as the lessor, being the societies registered 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.

3. Hospital to vest in the State Government.

- On and from the appointed day the Hospital shall, by virtue of this Act, be transferred to, and vest in, the State Government.

4. General effect of vesting.

(1)The Hospital shall be deemed to include all rights, powers, authorities and privileges related to, and properties movable or immovable, cash balance, reserve fund and other assets of, the Hospital including the lands (other than the requisitioned land), buildings (other than the rented buildings at No. 2 and No. 120, Girindra Sekhar Bose Road, Calcutta-39), works, machinery, furniture, plants, laboratories, libraries, dispensaries, apparatus, tools, instruments and 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 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.

(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.

(9)The State Government may take, or cause to be taken, all necessary steps for securing the possession of the Hospital which has vested in it under this Act.

5. Tenancy of rented or requisitioned land or building to devolve on the State Government.

- Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the tenancy of any rented or requisitioned land or building used in connection with the Hospital and standing in the name of the lessor or the lessee as mentioned in clause (b) of section 2 shall devolve on the State Government and the State Government shall be liable to pay rent or compensation for the use and occupation of such land or building with effect from the appointed day.

6. Payment of compensation.

(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 mutatis mutandis the provisions of the Land Acquisition Act, 1894, subject to the condition that in respect of the lands and buildings which the Indian Psycho-Analytical 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 Indian Psycho-Analytical Society for the purpose of lands and buildings 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 Indian Psycho-Analytical Society specifically for the creation of such other assets 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 :Provided that no compensation shall be payable under this section where the right to such compensation has been relinquished in writing by a person found entitled to the compensation determined under this section.

(6)The amount of compensation determined under this section shall carry interest at the rate of six per centum per annum with effect from the appointed day till the date of payment of compensation:Provided that the rate of interest on the amount of compensation for the lands and buildings shall be the same as in the Land Acquisition Act, 1894.

7. Management of the Hospital.

- 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.

8. Protection from acts done in good faith.

- No suit, prosecution or other legal proceeding shall lie against the State Government or any 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.

9. Employees to continue in office.

(1)Notwithstanding anything contained in sub-section (4) of section 4, every person (not being a part-time or an over-aged employee) employed in connection with the affairs of the Hospital, who has been in such employment immediately before the appointed day shall, on and from the appointed day, become an employee of the State Government and shall hold office or service on the same terms and conditions and with the same rights as 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 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 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.

10. Act to override other laws.

- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any instrument or in any decree or order of any court or authority.

11. Penalty.

(1)Any person who-

(a)having in his possession, 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 specially empowered by the State Government in this behalf.

12. Delegation of powers.

- The State Government may, by notification, direct that all or any 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.

13. Power to make rules.

(1)The State Government may, by notification, 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 all or any of the matters which may be, or are required to be, prescribed or made by rules.

14. Repeal and saving.

(1)The Lumbini Park Mental Hospital Acquisition Ordinance, 1984, is hereby repealed.

(2)Notwithstanding such repeal, anything done or any action taken under the Lumbini Park Mental Hospital Acquisition Ordinance, 1984, shall be deemed to have been validly done or taken under this Act.

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