The S. B. Dey Sanatorium Acquisition Act, 1979

GOVERNMENT OF WEST BENGAL 

LEGISLATIVE DEPARTMENT 

West Bengal Act XVI of 1979 

THE S. B. DEY SANATORIUM ACQUISITION 
ACT, 1979. 

[Passed by the West Bengal Legislature.] 

[Assent of the President was first published in the Calcutta Gazette, 

Extraordinary, of the 29th August, 1979.] 

[29th August, 1979.] 

An Act to provide for the acquisition of the undertaking of the S. B. Dey 
Sanatorium at Kurseong in the district of Darjeeling in the public 
interest for promotion of public health and for matters connected 
therewith or incidental thereto. 

WHEREAS it is expedient to provide for the acquisition of the undertaking 
of the S. B. Dey Sanatorium at Kurseong in the district of Darjeeling in the 
public interest for promotion of public health and for matters connected 
therewith or incidental thereto; 

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

1. (1) This Act may be called the S. B. Dey Sanatorium Acquisition 
Act, 1979. 

(2) It shall come into force on such date as the State Government may, 
by notification in the Official Gazette, appoint. 

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

(a) "appointed day" means the date on which this Act comes into 
force; 

(b) "the institution" means the S. B. Dey Sanatorium at Kurseong 
in the district of Darjeeling, run by the Calcutta Medical Aid 
and Research Society, a society registered under the Societies 

21 of 1860. 	 Registration Act, 1860; 

(c) "Prescribed" means prescribed by rules made under this Act. 

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

Short title 
and 
commence-
ment. 

Definitions. 

Undertaking 
of the 
institution to 
vest in the 
State 
Government. 

195 



The S. B. Dey Sanatorium Acquisition Act, 1979. 

[West Ben. Act 

(Section 4.) 

General 
effect of 
vesting. 

4. (1) The undertaking of the institution shall be deemed to include 
all rights, powers, authorities and privileges of the institution and 
properties movable or immovable, cash balances, reserve funds and other 
assets of the institution including lands, buildings, works, machinery, 
furniture, stores, equipments, plants, laboratories, libraries, dispensaries, 
apparatus, tools, instruments, implements and all other properties which 
may be in the ownership, possession, custody or control of the institution 
in relation to its undertaking immediately before the appointed day and all 
books of account, registers and all other documents of whatever nature 
relating thereto. 

(2) All properties included as aforesaid in the undertaking of the 
institution which has vested in the State Government under section 3 
shall, by virtue of such vesting, be freed and discharged from any trusts, 
obligations, mortgages, charges and other encumbrances affecting them, 
and any attachment, injunction or any decree or order of any court 
restricting the use of any such property in any manner sjall be deemed to 
have been withdrawn. 

(3) 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 institution in relation to its undertaking and in force immediately 
before the appointed day shall be deemed to have terminated on the 
appointed day. 

(4) Subject to the provisions of sub-section (3),— 

(a) if on the appointed day any suit, appeal or other proceeding, 
of whatever nature, in ralation to the undertaking of the 
institution is pending by or against the institution, the same 
shall be continued, proceeded with and enforced by or against 
the institution; 

(b) it is hereby declared that the liabilities of the institution in 
relation to its undertaking which has vested in the State 
Government under section 3 shall be met by the State 
Government in such manner as may be prescribed. 

(5) Every person in whose possession or custody or under whose 
control the undertaking of the institution or any part of it may be 
immediately before the appointed day shall, on the appointed day, deliver 
possession of the said undertaking or part therof to the State Government 
or to such person or authority as may be specified by the State Government 
in this behalf. 

(6) The State Government may take, or cause to be taken, all necessary 
steps for securing the possession of the undertaking of the institution 
which has vested in it under section 3. 

196 



The S. B. Dey Sanatorium Acquisition Act, 1979. 

XVI of 1979.] 

(Sections 5-8.) 

5. The undertaking of the institution which has vested in the State 
Government under section 3 shall be managed on bahalf of the State 
Government by such person or authority as may be appointed by the State 
Govenment in this behalf in accordance with such rules as may be 

prescribed. 

Management 
of the 
institution. 

6. The State Government shall deposit, in cash, in the Court of the Payment of 

District Judge, Darjeeling, to the credit of the Calcutta Medical Aid and 
amount. 

Research Society, an amount equal to the sum of rupees five thousand for 
the transfer to, and vesting in, the State Government under section 3, of the 
undertaking of the institution. 

7. (1) Any person who— 
	 Penalty. 

(a) having in his possession, custody or control any property 
forming part of the undertaking of the institution, wrongfully 
withholds such property from the State Government, or 

(b) wronfully obtains possession of any property forming part of 
the undertaking of the institution which has vested in the 
Government under section 3, or 

(c) wilfully withholds or fails to furnish to the State Government 
any document in relation to the undertaking of the institution 
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 five thousand rupees, or 
with both: 

Provided that the court trying an offence under clause (a) or clause (b) 
or clause (c) of this sub-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 wrongfully obtained or any 
document wifully 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 authorised by the State Government in this behalf. 

State Government or an officer or other employee serving in connection 
8. No suit, prosecution or other legal proceeding shall lie against the Protection of 

action taken 
in good 
faith. with the affairs of the undertaking of the institution for anything which is 

in good faith done or intended to be done under this Act. 

197 



The S. B. Dey Sanatorium Acquisition Act, 1979. 

[West Ben. Act XVI of 19791 

Employees 
to continue 
in office. 

Delegation 
of power. 

Act to 
override 
other laws. 

Power to 
make rules. 

(Sections 9-12.) 

9. (1) Notwithstanding anything contained in sub-section (3) of 
section 4, every person (not being a part-time employee) employed in 
connection with the undertaking of the institution, who has been in such 
employment immediately before the appointed day, shall continue to hold 
office after the appointed day with the same rights as to pay, leave, pension, 
gratuity and all other matters, unless and until his employment in such 
undertaking is terminated or until his remuneration or other terms and 
conditions of employment are altered by the State Government in 
accordance with such rules as may be made in this behalf. 

(2) Notwithstanding anything contained in the Industrial Diputes Act, 
1947 or in any other law for the time being in force, the transfer of the 
service of any employee from the undertaking of the institution to any 
other post shall not entitle such employee to any compensation under this 
Act or under any other law for the time being in force by any court, tribunal 
or other authority. 

10. The State Government may, by notification, direct that all or any 
of the powers exercisable by it by or under any of the provisions of this Act 
may also be exercised by such other person or authority as may be specified 
in the notification. 

11. The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any other enactment or any 
judgement, decree or order of any court, tribunal or other authority or in 
any instrument having effect by virtue of any enactment other than this 
Act. 

12. (1) The State Government may, by notification published in the 
Official Gazette, 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. 

14 of 1947. 

198 


	Page 1
	Page 2
	Page 3
	Page 4