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State of West Bengal - Section

Section 4 in The Lowis Jubilee Sanitarium (Acquisition) Act, 1986

4. General effect of vesting.

(1)The Sanitarium which has vested in the State Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court, tribunal, or other authority restricting the use of the whole or any part of the Sanitarium in any manner shall be deemed to have been withdrawn.
(2)Any contract, whether express or implied, or, other arrangement whether under any statute or otherwise, in so far as it relates to the affairs of the Sanitarium and in force immediately before the date of vesting shall be deemed to have terminated on the date of vesting.
(3)Where any licence or other instrument in relation to the Sanitarium had been granted at any time before the date of vesting to the Sanitarium by the Central Government or the State Government or any other authority, the State Government shall, on and from the date of vesting, be deemed to be substituted in such licence or other instrument in place of the Sanitarium referred to therein as if such licence or other instrument had been granted to it.
(4)Any liability incurred by the Sanitarium (including the liability, if any, arising in respect of any loans or amounts advanced by the State Government to the Sanitarium together with interest thereon) after the management of the Sanitarium had been taken over by the State Government, shall, on and from the date of vesting, be the liability of the State Government.
(5)If, on the date of vesting, any suit, appeal or other proceeding of whatever nature in relation to any matter or business in respect of the Sanitarium, instituted or preferred by or against the Sanitarium, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Sanitarium or of anything contained in this Act, and the suit, appeal or other proceeding, may be continued, proceeded with and enforced by or against the State Government.
(6)Any person in possession or custody or control of the whole or any part of the Sanitarium on the date immediately before the date of vesting shall, on the date of vesting, deliver the possession of the Sanitarium or part thereof to the State Government or to such person as may be specified by the State Government in this behalf.
(7)The State Government may take, or cause to be taken, such steps as it considers necessary for securing the possession of the Sanitarium which has vested in the State Government under section 3.