The Sree Balaram Seva Mandir Acquisition Act, 1978

GOVERNMENT OF WEST BENGAL 

LEGISLATIVE DEPARTMENT 

West Bengal Act XXIX of 1978 
THE SREE BALARAM SEVA MANDIR ACQUISITION 

ACT, 1978. 

[Passed by the West Bengal Legislature.] 

[Assent of the President was first published in the Calcutta 

Gazette, Extraordinary , of the 31st August, 1978.] 

[31st August, 1978.] 

An Act to make provision for better management and maintenance 
of the hospital known as Sree Balaram Seva Mandir, Khardah, 
24-Parganas, together with the dispensaries attached thereto 
with a view to the promotion of public health and to acquire for 
that purpose all the properties belonging to the said hospital or 

held for the benefit thereof. 

WHEREAS it is expedient in the public interest to make provision 
for better management and maintenance of the hospital known as 
Sree Balaram Seva Mandir, Khardah, 24-Parganas, together with 
the dispensaries attached thereto with a view to the promotion of 
public health and to acquire for that purpose all the properties 
belonging to the said hospital or held for the benefit thereof; 

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

1. This Act may be called the Sree Balaram Seva Mandir 
Acquisition Act, 1978. 

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

(a) "court" means the court of the district Judge, 24-Parganas; 

(b) "the Hospital" means the Sree Balaram Seva Mandir at 
Khardah in the district of 24-Parganas, together with all 
lands, buildings, erections and fixtures appertaining thereto 
and all furniture, equipments, stores and drugs and other 
properties used in connection with or as accessories to or 
adjuncts of the said Sree Balaram Seva Mandir, which 
immediately before the date on which this Act comes 
into force vested in the Sree Balaram Swasthaseva Sangha, 
Khardah, 24-Parganas, a society registered under the 

21 of 1860. 	 Societies Registration Act, 1860; 

Short title. 

Difinitions. 

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The Sree Balaram Seva Mcindir Acquisition Act, 1978. 

[West Ben. Act 

(Sections 3, 4.) 

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

Hospital to yes 
in the State 
Government. 

General effect 
of vesting. 

3. On and from the date on which this Act comes into force, the 
right, title and interest in relation to the Hospital shall, by virtue of 
this Act, stand transferred to, and vest absolutely in, the State 
Government free from all trusts, encumbrances or liabilities. 

4. Upon the vesting of the Hospital in the State Government,— 

(1) all rights, powers, authorities and privileges in relation to 
the Hospital and all documents relating thereto shall 
stand transferred to the State Government; 

(2) any contract whether express or implied, or other 
arrangement, whether under any statute or otherwise, or 
any order made by any court, in so far as it creates any 
encumbrance or liability in relation to the Hospital or any 
part of it shall be deemed to have terminated; 

(3) notwithstanding any judgement, decree or order of any 
court, or any other authority, or anything contained in 
any law for the time being in force, every person in 
whose possession or custody or under whose control the 
Hospital or any part of it may be, shall forthwith deliver 
possession of the same to the State Government or to 
such person as the State Government may appoint in this 
behalf; 

(4) every person who has in his possession or under his 
custody or control any books, documents or other papers 
relating to the Hospital or any part of it shall be liable to 
account for the said books, documents or other papers to 
the State Government or to such person as the State 
Government may appoint in this behalf; 

(5) all properties located therein shall stand freed and 
discharged from any trust, obligation, mortgage, charge, 
lease or any other encumbrance affecting the same and 
any judgement, injunction or any decree or order of any 
court restricting the use of any of such properties in any 
manner whatsoever shall be deemed to have been 
withdrawn; 

144 



The Sree Balarain Seva Mandir Acquisition Act, 1978. 

XXIX of 1978.] 

(Sections 5, 6.) 

(6) the State Government may take or cause to be taken all 
necessary steps for acquiring possession of the Hospital 
or any part of it; 

(7) every person who has been in employment in relation to 
the Hospital or any part of it shall, on and from the date 
on which this Act comes into force, be deemed to be re-
appointed as an employee of the State Government and 
shall hold office on the same remuneration and on the 
same terms and conditions as they had been before the 
date of vesting and shall continue to do so until his 
employment is duly terminated or until his remuneration 
or terms and conditions of employment, as the case may 
be, are altered by the State Government in the manner 
prescribed. 

5. (1) The State Government shall deposit in cash in court to 
the credit of the Sree Balaram Swasthaseva Sangha, Khardah, 
24-Parganas, 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 Hospital. 

(2) For the avoidance of doubts it is hereby declared that the 
liabilities in relation to the Hospital or any part of it accruing before 
the date of coming into force of this Act shall be met from the 
amount referred to in sub-section (1). 

(3) In meeting the liabilities of the Hospital or any part of it 
which has vested in the State Government under section 3, the court 
shall distribute the amount referred to in sub-section (1) amongst 
the creditors of the Hospital or any part of it, whether secured or 
unsecured, in accordance with their rights or interests and if there 
is any surplus left after such distribution, the same shall be held by 
the court for the Sree Balaram Swasthaseva Sangha, Khardah, 
24-Parganas. 

Amount to he 
paid. 

6. (1) Any person, who— 	 Penalty. 

(a) having in his possession, custody or control any property 

forming part of the Hospital, wrongfully withholds such 

property from the State Government; or 

145 



The Sree Balaram Seva Mandir Acquisition Act, 1978. 

Act to override 
other laws. 

Protection of 
action taken in 
good faith. 

[West Ben. Act XXIX of 1978.] 

(Sections 7-10.) 

(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 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 withheld 

or not furnished. 

(2) No court shad take cognizance of an offence punishable 

under this section except with the previous sanction of the State 

Government or an officer authorised by the State Government in 

this behalf. 

7. The provisions of this Act shall have effect notwithstanding 

anything inconsistent therewith contained in any other law for the 

time being in force or in any instrument, or in any decree or order 

of any court or other authority. 

8. No suit, prosecution or other legal proceeding shall lie against 

the State Government or any of its officers or other employees for 

anything which is in good faith done or intended to be done under 

this Act. 

9. If any difficulty arises in giving effect to the provisions of 
this Act the State Governmentn may, by order, not inconsistent with 

the provisions of this Act, remove such difficulty. 

10. The State Government may make rules for carrying out the 

purposes of this Act. 

Power to 
remove 
difficulties. 

Power to make 
rules. 

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