The Chanchal College ( Taking Over Of Management ) Act, 1976

0 
GOVERNMENT OF WEST BENGAL 

LEGISLATIVE DEPARTMENT 

West Bengal Act XXXVII of 1976 

THE CHANCHAL COLLEGE (TAKING OVER 
OF MANAGEMENT) ACT, 1976. 

[Passed by the West Bengal Legislature.] 

[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 19th June, 1976.] 

[19th June, 1976.] 

An Act to secure the proper management of the institution, with a view 
to promoting education, known as the Chanchal College at 
Chanchal, in the district of Malda, and to take over for that purpose 
for a limited period the management of the said institution. 

WIIEREAS it is expedient to secure the proper management of 
the institution, with a view to promoting education, known as the 
Chanchal College, at Chanchal, in the district of Malda, and to take over 
for that purpose for a limited period the management of the said 
institution; 

It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 

1. (1) This Act may be called the Chanchal College (Taking over Short title. 

of Management) Act, 1976. 

2. In this Act, unless the context otherwise requires,— 	 Definitions. 

(a) "appointed day" means the date of publication of the order 
made under section 3; 

(b) "the institution" means the property known as Chanchal College 
at Chanchal, in the district of Malda, together with the lands, 
buildings, erections and fixtures constituting the same and 
includes— 

(i) all furniture, equipments, stores, monies and other assets, 

(ii) all lecture rooms, laboratories, libraries, hostels, boarding 
houses, etc., 

which immediately before the appointed day were held in 
connection with, or for the purpose of management of, the said 
College. 

193 



The Chanchal College (Taking over of Management) Act, 1976. 

[West Ben. Act 

(Sections 3-7.) 

Tiking 
over of 
management 
of the 
institution. 

Effect of 
an order 
made under 
section 3. 

3. (1) The State Government may, by an order published in the 
Official Gazette, take over the management of the institution and 
appoint an officer not below the rank of a Deputy Collector (hereinafter 
referred to as the Administrator) for managing the institution in 
accordance with the provisions of this Act and the rules made 
thereunder. 

(2) An order made under sub-section (1) shall remain in force for a 
period of three years from the date of its publication in the Official 
Gazette. 

4. With effect from the appointed day— 

(i) the Administrator shall have all the powers of management in 
relation to the institution; 

(ii) all persons exercising any power of management in relation to 
the institution, immediately before the appointed day, including 
the members of the governing body, shall cease to exercise such 
powers. 

5. The institution shall remain under the management of the 
State Government for the period referred to in sub-section (2) of 
section 3 and shall be run for the purposes for which it was being 
run immediately before the appointed day and upon the expiry of 
the said period the same shall revert to the owners thereof. 

6. The State Government may appoint one or more persons 
to assist the Administrator in carrying out his functions under this 
Act. 

7. (1) Any person, who— 

(a) having in his possession, custody or control any property 
belonging to the institution, wrongfully withholds such property 
from the Administrator, or 

(b) wrongfully obtains possession of any property forming part of 
the property of the institution, or 

(c) wilfully withholds or fails to produce to any person authorised 
under this Act, any register, record or other document which 
may be in his possession, custody or control, or 

(d) fails, without any reasonable cause, to submit any accounts, 
books or other documents when required to do so, 

Reversion 
of the 
institution 
after the 
expiry of 
the period 
of manage-
ment. 

Persons to 
assist the 
Adminis-
trator. 

Penalty. 

194 



The Chanchal College (Taking over of Management) Act, 1976. 

XXXVII of 1976.] 

(Sections 8-12.) 

shall be punishable with imprisonment for a term which may extend to 
six months, or with fine which may extend to five hundred rupees, or 
with both. 

(2) All offences under this section shall be cognizable. 

8. The Administrator shall have the power to institute, defend or Power to 
defend 

an take part, in any suit or proceeding by or against the owners of the suits d 
institution. 	 proceedings. 

9. (1) The State Government may, on the application made by the Advances 

Administrator in this behalf, advance monies for the purpose of bY State  Government. 
efficiently managing the institution and all such monies shall be 
repayable with such interest as may be prescribed by rules. 

(2) Any money advanced under sub-section (1) shall, subject to the 
prior payment of municipal rates and any sum due to Government on 
account of taxes or fees, be a first charge upon the properties of the 
institution. 

10. The State Government may, if it is satisfied that it is necessary 
or expedient so to do, direct, by notification, that the operation of all 
contracts, assurances of property, agreements, settlements, awards, 
standing orders or other instruments in force in relation to the institution 
immediately before the appointed day, shall remain suspended and all 
rights, privileges, obligations and liabilities accruing or arising 
thereunder before the said date shall remain suspended or shall be 
enforceable with such modifications and in such manner as may be 
specified in such notification. 

11. A notification issued under section TO shall have effect 
notwithstanding anything to the contrary contained in any other law, 
agreement or instrument or any decree or order of any court, tribunal, 
officer or other authority. 

12. Any remedy for the enforcement of any right, privilege, 
obligation or liability referred to in section 10 and suspended or 
modified by a notification under that section shall, in accordance with 
the terms of the notification, remain suspended or modified, and all 
proceedings relating thereto pending before any court, tribunal, officer 
or other authority shall accordingly be stayed or be continued subject to 
such modification so, however, that on the notification ceasing to have 
effect— 

Contracts, 
agreements, 
etc., to 
remain 
suspended. 

Overriding 
effect of 
notification 
under 
section 10. 

Suspension 
or modifi-
cation of 
certain 
eremedies, tc   

195 



The Chanchal College (Taking over of Management) Act, 1976. 

[West Ben. Act XXXVII of 1976.] 

(Sections 13-16.) 

(a) any right, privilege, obligation or liability so suspended or 
modified shall revive and be enforceable as if the notification 
had never been issued; and 

(b) any proceeding so stayed shall be proceeded with subject to the 

provisions of any law which may then be in force from the 
stage which had been reached when the proceeding was stayed. 

Period of 
limitation. 

13. In computing the period of limitation for the enforcement of any 
right, privilege, obligation or liability referred to in section 10, the 
period during which it or the remedy for the enforcement thereof was 
suspended, shall be excluded. 

Protection of 	14. No suit, prosecution or other legal proceeding shall lie against 
action taken the State Government or the Administrator or any other person for under this 
Act. 	anything which is in good faith done or intended to be done under this 

Act or the rules made thereunder. 

Power to 
remove 
difficulties. 

Power to 
make rules. 

15. If any difficulty arises in giving effect to the provisions of this 
Act the State Government may take such steps or issue such orders not 
inconsistent with the provisions of this Act, as may be necessary for the 
removal of the difficulty. 

16. (1) The State Government may 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— 

(a) the management of the institution, 

(b) the terms and conditions of service of the Administrator and 
other persons appointed for carrying out the purposes of this 
Act, and 

(c) any other matter which has to be, or may be, prescribed by 
rules. 

196 


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