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West Bengal Act XVII of 1967'
THE CALCUTTA NATIONAL MEDICAL COLLEGE
AND HOSPITAL ACT, 1967.

c,
1 3 1 ~July.
1 1967.1
An Ac? lo rr~akebetier provisiu~ifor 111ecor?lrol,nlatragetjtctrf or~d
nrairiretzor~ceof rfleillsrit~rriorrcottrtnotrIy bfo\vtr as rhe Calclrrta Nariontrl
Medical College, togerller lvirlr rhe lr ospilnls m ~ ddispensaries a~tacl~ed
~ l l e r e t oarzd rued it1 connecrion ~ I I C ~ C I V I1~~~i zI l 1a VICLV to prol~iorit~g
ytrblic Iiealr11mrd to 'Lprovide for rllaf prrrpose for tlre rakirrg over for u
ti~sifedpcriod of rlte trrarrugcmetrt arrd tlre srrbseqvertl acqrii~ilion]
ofall ihe property belongittg ro 111esaid ir~srii~rtion or freldfor rhe b~wefir
IIIereof.

W H E R it~ is
S expedien~in [hepublic interesl to make berler provision
for the conkol, management and maintenance of thc instirulion commonly
known as the Calcuttn National Medical College, together wilh the
hospitals and dispensarics altached thereto and used in conneclion
therewith with a view lo promoling public health and to '[provide for
that purpose For thc taking over for n limited period of the managcment
and h e s u b s q u e n ~acquisition] of all [he properly belonging to the said
instinxion or held for \he bcncfit thereof;

It is hereby enac~edin rhe Eighleenrh Year of Ihc Republic of India,

by h e kgislature of West Bengal, as follows:-

1. This Act may be called the 'Calcu[ta National Medical, Short tillc.
Co!lcge and Hospiral Act, 1967.

In this Act, unless the contexl ~[hcnvise-

requires,- DcGnidons. . . . .
. . ..

(a) "appoinied day" means h e 91h day of June, 1967;

(b) "the inslilution"means h e Cdculia National Medical Collegc
together wirh Ihc hospitals, ctinics and dispensaries anached
lhercto and used in connection therewith and includes all
leclure rooms,museums,labontories, libraries, hostels and
boarding houses used in conneclion with or as accessories
to or adjuncts of the said college, hospitals, clinics or
dispensaries.

'For Statcmcnl o f Objcc~sar.d Rcsons. sue the Cnkrrrru Ga:rrle, Errraordinary.

Pm 1VA or rhc 22nd June. 1967, p q c s 1977-192s; for prccccdings o i thc Wcsr
Bcngil kgisla~ivcAssembly, stc I h e prwccdings or meeting of rhnr Assembly hcld on
8th July, 1967.
2Words within thc squarc bmckcts wcre subsrirurcd for the words "lakc over lor
rhnr pugmsc for 3 lirniled period thc rnanagcnicn~"by ss. 2 and 3 01 rhc Calcurm
National Mcdiml Colle&cand Hwpiul (Amcndmcnl) ACI. 1976 PVcsr Bcn. Act XXXlV
or 1976).
 LatestLaws.com
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The Calcut~aNational Medical College atrd Hospital

Acr, 1967.
[Wcsl Ben. Act

Tnnqtcr. 3. With effect from rhe appointed day and for a period of [en
years thcrcaker I [ , or, in the case of acquisition of the insritution undcr
section 3A, rill the date of such acquisition, whichever is earlier]-
( I ) the insritulion together with-
all lands thereof and appurtenant thereto and all
(3)
buildings, erections and fixlures on such lands,
(b) all furniture, equipmenls, srores, drugs, moneys and all
oiher assels of the institution.
(c) all orher properlies and assets or the inslitution, which
immedialely before the appointed day vested in the
Board of Truslees of !he Crrlcutla Narional Medical
Insri~ute. a sociery registcred under the Socielies
Registration Act, 1860,
shall stand transferred to the Slale Govemmen~and shall
rcmain under the conlrol and management of the State
Government;
(2) all deeds of gift, endowment, bequesl, lrust or orhenvise
covering all properiies and assets referred lo in sub-clause
(c) of clause (1) shall be construed LS if they were executed
in favour of the Sratc govern men^;
(3) all contncls, debls .and liabililies of the instilurion shall be
deemed to be contracts, debis and liabilities of the Stare
Govemmcnt;
(4) all persons in charge or the management OF khe insritution
immediately before the appointed day shaIl be deemcd to
have vacared their offices;
(5) Ihe ins~itutionshall be run by the State Governrnenl as 3
State insdtution.

*3A. (1) The State Government may, if i t so thinks fir, at any

time within the period o f ten years referred lo in seclion 3, acquire Ihe
institution by no~ificadonpublished in the ClJ7cial Gazelle.
(2) On and from [he date on which the nolificalion rcfcrred 10 in
sub-seclion (1) is published (hereinafrer referred to as the dare of
vcs~ing),-
(i) the institu6on together with-
(a) all lands [hereof and appurrcnant therelo and all
buildings, erccrions and fixtures on such lands,
'Words, ligurc and lcltcr within ihe square brnckc~swere insencd by s. 4 or thc
Cnlcutra National Mcdicnl Collcgc and Hospi~al(Amcndmenr) Acr. 1976 (West Bcn.
Ac! XXXlV of 1976).
:Sections 3A and 3B were insencd by s. 5. ;bid.
 LatestLaws.com

Tlir Calcrrrra Naiiorzal Medico/ College and Hospiral

Acr, 1967.
X V I I of 1967.1

(b) all furnimre, equipmenrs, stores, drugs, monies

and olher assels of [he insli~ution.and
(c) all othcr propertics and assc~sor thc institution,
-
which immediately before h e appointed day vested
in the Board of Trustees or the Calculta National
Medical Instimle. a sociely regislered undcr the
Societies Registrarion Acl, 1860,
shall s~andtransferred 10 and vest abosolutely in the
Stale Goverriment free from all encumbrances;
(ii) all deeds of gift, endowment, bequest or ~nrst,covering
all properlies and assels referred lo in sub-clause (c)
of clause (i), shall be conslrued as if h e y wcre exccutcd
in favour of [he Statc Government;
(iii) the instirution shall be run by the Stale govern men^
as a Slate institulion;
(iv) any contnct, whether express or irnpIied, or olher
arrangement, whether made under any s talutc or
othenvise, in relation to the management of any property
or other affair of [he inslitulion, and in forcc
immediately before the date of vesting shall be deemed
to have terminated on and from the date of vesting;
(v) every person who has bcen an employee of the
institution bcfore the date of vesting shall, on and from
thc dale of veaing, become an employee of the State
Government and shzlll hold office on h e same terms
and condilions as would have been admissible 10him
if there had been no such vesling and shall continue
to do so unless and until his employment undcr Ihc
Statc Government is duly tcrminaled or until the terms
and conditions of his service are duly altered by [he
State Governmen1 by rules made in this behalf:
Provided that the services of every person who
expresses his unwillingness to continue in service in
terms of thc provisions of this clause shall stand
terminated with effec~From [he dale of vesting or from
any other date to be notified by him:
(vi) notwirhslanding anyrhing c o n h n e d in any law for he
me being in force or in any conmcr, custom or usage,
to h e conwary, h e wnsrer of the service of any
employee o f the institution to the service of [he Slate
Government shall not enlitle such employee lo any
cornpensadon on any account whatsoever and no claim
in this behalf shall beenteflained by any court, tribunal
or other aulhorily.
 LatestLaws.com

Tlre Calcrrt~aNational Medical College and HospiruI

Act, 1967.

[West Ben. Act

. ..

Amount lo I3B. ( I ) The Stare Governmen1 shall deposit. in cash, in the !

, -.-
. .' .
. .
:
hc p i d .
Court of rhc Dislrict Judge of 24-Pargnnas lo the credit of the Board of
Truslecs of the Calculta Nnlional Medical Insliture, a socicty registered
under the Socielies Regislrahon Act. 1860. being owners of thc proper- 2 1 of 1 ~ 6 0 . -

ties of the instiwtion, an amount calculated at the rale of mpees one

hundred for cvery year or pan thereof during which thc rnanagemenl
or the insritulion remained v a w d in the Slate Government, for rhe
vesring in the Stale Governmenr of such rnanagemenl, and thc Court
shall, upon application, auhorise [he State Government to ulilise ~ h c
amount so deposited for the persons who are bcneficially entilled to the
assck of the institution under Lhe b s t .
(2) The Srnte Government shall aIso deposil in cash, in the said
Court to [he crcdit of the Board of Trustees of the Colcutla National
Medical Institu~eaforesaid, an amount equal to the sum of five rhousand
rupees for h e transfer to, and vesting in. the State Govemmenr under
section 3A, of the institulion together with all its properties.
(3) For the avoidance of doubts it is hereby declared [hat ihe liabilities
of the inshlution in relation to its properlics which have vested in h e
Slate Governmenr undcr section 3A, shall he mct from Lhe amount
referred lo in sub-seciion (2).
(4) In meering the IiabiIiries d the insti~u~ion in relation lo its
properties which have vesled in the Stale Govcmmenr under scclion 3A,
the Court shall dislribulc the amount referred t o in sub-sec~ion(2).
amongst the credilors of [he iostilulion. whether secured or unsecured,
in accordance wilh their righls and interests, and if there is any
surplus left after such dishbution, Ihe same shall be allowed by lhc
Court. upon application, to be utilised by Ihc State Govcrnmenr for h e
persons beneficially entitled to h e *sets of the institution under the
trusl.

4. All propenies transferred to the Srsle Government under this Act

shall bc utilised for Ihe purposes for which [hey were being used
immediarely before the appointed day.

5. If any difficulty arises in giving effecl to the provisions of h i s

Acl or the rules made [hereunder, the State Government may lake such
steps or issue such orders not inconsis[cnc w i h his Act as may be
necessary for the removal of Ihe difficulty.

Powcr ID 6. (1) Thestare Government may makemlesforcarryingoulthe

make mlcs.
purposes o f this Act.
 LatestLaws.com

nre Calcrrtfa Naliollal Medical College and Horpital

Acr, 1967.

XVII or 1967.1

(2) In particular, and without prejudice 10 he generiality of the

'' foregoing power, such rules may provide for-
(a) thc management of the inslitution;
(b) the terms and coodilions o f service of persons cmployed
in ihe inslitution.
(3) Until rules are made under clause (b) of sub-section (2), persons
employed in the instilulion shall conlinue to remain under the terms and
conditions of service in Force immedialely before h e appoinled day.

. WCSLBcn. 7. ( I ) The Calculta National Medical CoIlege and HaspitaI Rcpenl and
Ord-"
1967. Ordinance, 1967 is hereby repealed. savings.

(2) Anything done or any aclion taken under the said Ordinance
shall be deemed io have been validly done or taken under this Act as
if this Acr had commenced on the 9th day of Junc, 1967.