India code link to Lady Hardinge Medical College and Hospital (Acquisition and Miscellaneous Provisions) Act, 1977

ACT NO. 34 OF 1977

[3rd December, 1977.]

An Act to provide for the acquisition of the Lady Hardinge Medical College and Hospital and for

the management of the Kalavati Saran Hospital, with a view to ensuring better facilities for

higher medical education for women and medical facilities for women and children in the

Union territory of Delhi and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

Short title and commencement.—(1) This Act may be called the Lady Hardinge Medical College

and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977.

(2) It shall come into force on such date1

as the Central Government may, by notification in the

Official Gazette, appoint.

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

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

(b) “Board of Administration” means the Board of Administration constituted by the Central

Government under the Scheme;

constituted by the Central Government;

(d) “Fund” means the Lady Hardinge Hospital for Women and Children, Delhi, Fund

established by the Scheme;

(e) “Kalavati Saran Hospital” means the institution known as the Kalavati Saran Children’s

Hospital, New Delhi, together with the dispensaries attached thereto and used in connection

therewith, and includes all laboratories and libraries used in connection with, or as accessories to, or

adjuncts of, the said Hospital;

(f) “Lady Hardinge Medical College and Hospital” means the institutions known as the Lady

Hardinge Medical College for Women, New Delhi, and the Lady Hardinge Hospital for Women and

Children, New Delhi, together with the dispensaries attached thereto and used in connection

therewith, and includes all lecture-rooms, museums, laboratories, libraries, hostels and

boarding-houses used in connection with, or as accessories to, or adjuncts of, the said College of

Hospital;

(g) “Scheme” means the Scheme for the administration of the Fund settled by the Central

Government under sub-section (1) of section 5 of the Charitable Endowments Act, 1890 (6 of 1890),

and published with the notification of the Government of India, in the late Ministry of Health,

No. F. 4-3(1) /53-MI, dated the 12th June, 1953, as amended by the notifications of the Government

of India, in the late Ministry of Health, No. F. 4-77/56-MII, dated the 14th March, 1957 and

No. F. 4-77/56-MII, dated the 17th April, 1957;

(h) “Treasurer” means the Treasurer of Charitable Endowments for India, appointed under the

Charitable Endowments Act, 1890 (6 of 1890).

1st February, 1978, vide notification No. S. O. 188(E), dated 12th January, 1978, see Gazette of India, Extraordinary, Part II,

sec. 3(ii).

CHAPTER II

ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL

Lady Hardinge Medical College and Hospital to vest in Central Government.—(1) On the

appointed day, the Lady Hardinge Medical College and Hospital together with—

(a) all lands, on which the Lady Hardinge Medical College and Hospital stands, and all other

lands appurtenant thereto and all buildings, erections and fixtures on such lands;

(b) all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assets

of the Lady Hardinge Medical College and Hospital;

Lady Hardinge Medical College and Hospital, whether vested in the Treasurer of the Board of

Administration or in any other person; and all rights, powers, authorities and privileges, cash

balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising

out of, such property as were, immediately before the appointed day, in the ownership, possession,

power or control of the Treasurer or the Board of Administration or any other person in charge of

the management of the affairs of the Lady Hardinge Medical College and Hospital; and

(d) all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever

kind, incurred in relation to, the Lady Hardinge Medical College and Hospital, and subsisting on the

appointed day,

shall stand transferred to, and shall vest absolutely in, the Central Government.

(2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the

properties, and assets, referred to in sub-section (1), shall, as from the appointed day, be construed as if it

were made or executed in favour of the Central Government.

(3) Subject to the other provisions contained in this Act, any property, referred to in

sub-section (1), which, by virtue of the provisions of that sub-section, has vested in the Central

Government, shall, by force of such vesting, be freed and discharged from any trust, obligation,

mortgage, charge, lien and other incumbrances affecting it, and any attachment, injunction or any decree

or order of any court or tribunal restricting the use of such property in any manner shall be deemed to

have been withdrawn.

(4) Subject to the other provisions contained in this Act, any proceeding or cause of action, pending

or existing immediately before the appointed day, by or against the Treasurer or the Board of

Administration or any other person, in relation to the Lady Hardinge Medical College and Hospital, may,

as from the appointed day, be continued and enforced by or against the Central Government as it might

have been enforced by or against the Treasurer or the Board of Administration or such other person if

this Act had not been enacted, and shall cease to be enforceable by or against the Treasurer or the Board

of Administration or such other person.

Payment of amount.—(1) The Central Government shall give, in cash, to the Treasurer an amount

equivalent to the sum of rupees one lakh for the transfer to, and vesting in, the Central Government, under

section 3, of the Lady Hardinge Medical College and Hospital.

(2) The amount, referred to in sub-section (1), shall be paid within three months from the appointed

day (hereafter in this section referred to as the specified period).

(3) The amount, referred to in sub-section (1), if not paid within the specified period, shall carry

interest at the rate of four per cent. per annum from the date of expiry of the specified period until the

payment thereof.

Lady Hardinge Medical College and Hospital to be administered as Government

institution.—On and from the appointed day, the Lady Hardinge Medical College and Hospital shall

be administered by the Central Government as a Government institution, and, in administering the

properties transferred to and vested in it under section 3, regard shall be had to the purposes specified in

the Scheme.

Applicability of Act 2 of 1882 to Board of Administration.—For the removal of doubts, it is

hereby declared that nothing in this Act shall be deemed to apply to any right accrued to, or any liability

incurred by, the Board of Administration or any member thereof under the provisions of the Indian Trusts

Act, 1882, in respect of anything done or omitted to be done by it or him during any period preceding the

appointed day.

Amount to be held for purposes of Scheme.—(1) The amount paid under section 4 shall vest in

the Treasurer, and shall be held by him in the same manner as the Fund vested in him was held by

him immediately before the appointed day.

(2) The amount paid to the Treasurer under section 4 shall be administered by the Board of

Administration in the same manner in which the Fund was administered by it, as

the Kalavati Saran Hospital to the Central Government shall not entitle any such officer or other

employee to any compensation under that Act, or any other law, and no such claim shall be entertained by

any court, tribunal or other authority.

(3) For the persons who, immediately before the appointed day, were the trustees for any person,

provident or gratuity fund or any other like fund constituted for the officers or other employees of the

Lady Hardinge Medical College and Hospital and the Kalavati Saran Hospital, there shall be

substituted as trustees such persons as the Central Government may, by general or special order, specify.

Effect of contracts, etc.—(1) All contracts, deeds, bonds, agreements, powers of attorney, grants

of legal representation and other instruments of whatever nature, subsisting or having effect immediately

before the appointed day, and to which the Board of Administration or, as the case may be, the Board of

Management, or any person on behalf of the Board of Administration or, as the case may be, the Board of

Management, is a party, or which are in favour of the Board of Administration or, as the case may be,

Board of Management, shall, in so far as they relate to any purpose, or affairs, of the Lady Hardinge

Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, be of as full force and

effect against, or in favour of, the Central Government, and may be enforced or acted upon as full and

effectually as if in place of the Board of Administration or, as the case may be, the Board of

Management, the Central Government had been a party thereto or as if they had been issued in favour of

the Central Government.

(2) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the

Lady Hardinge Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, or any

affair of the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, is pending by,

or against, the Board of Administration or, as the case may be, the Board of Management or the Treasurer

or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by

reason of the transfer of the Lady Hardinge Medical College and Hospital to the Central Government or

by reason of the assumption of management of the Kalavati Saran Hospital by the Central Government, or

of anything contained in this Act; but the suit, appeal or other proceeding may be contained, prosecuted

and enforced by or against the Central Government.

Contracts, in bad faith or detrimental to the interests of Lady Hardinge Medical College

and Hospital and Kalavati Saran Hospital to be cancelled or varied.—(1) Notwithstanding anything

contained in section 11, the Central Government may, if satisfied after such inquiry as it may think fit,

that any contract or agreement entered into before the appointed day between the Board of

Administration or Board of Management or any member thereof, in relation to the Lady Hardinge

Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital, or any affairs

connected with the Lady Hardinge Medical College and Hospital or the Kalavati Saran Hospital, has been

entered into in bad faith, or is detrimental to the interests of the Lady Hardinge Medical College and

Hospital, or, as the case may be, the Kalavati Saran Hospital, it may make an order cancelling or varying

(either unconditionally or subject to such conditions as it may think fit to impose for the purpose) such

contract or agreement and thereafter the contract or agreement shall have effect accordingly:

Provided that no contract or agreement shall be cancelled or varied except after giving to the parties

to the contract or agreement a reasonable opportunity of being heard.

(2) Any person aggrieved by an order made under sub-section (1), may make an application to the

principal court of civil jurisdiction within the local limits of whose jurisdiction the Lady Hardinge

Medical College and Hospital, or, as the case may be, the Kalavati Saran Hospital is situated, for the

variation or reversal of such order and thereupon such court may confirm, modify or reverse such order.

Duty to deliver possession of property, etc.—(1) On the transfer to, and the vesting in, the

Central Government of the Lady Hardinge Medical College and Hospital, and on the assumption of the

management of the Kalavati Saran Hospital by the Central Government,—

(a) the Board of Administration, or, as the case may be, the Board of Management, and every

person in whose possession, custody or control any property or asset specified in sub-section (1) of

section 3, or any property or asset pertaining to the Kalavati Saran Hospital may be, shall deliver the

same to such officer or other person as may be authorised by the Central Government in this behalf;

(b) the Board of Administration or, as the case may be, the Board of Management, and every

person who, immediately before such vesting or assumption, has in his possession, custody or control

any books, documents or other papers relating to the Lady Hardinge Medical College and Hospital, or

the Kalavati Saran Hospital, shall be liable to account for the said books, documents and papers to

the Central Government and shall deliver them up to the Central Government or to such officer or

other person as may be authorised by the Central Government in this behalf.

(2) Without prejudice to the other provisions contained in this section, it shall be lawful for the

Central Government to take all necessary steps for taking possession of all properties and assets which

have been transferred to, and vested in, it under this Act, or in relation to which the management has been

assumed by it under this Act.

Penalty.—Any person who,—

(a) having in his possession, custody or control any property held for the purposes of the Lady

Hardinge Medical College and Hospital or the Kalavati Saran Hospital, wrongfully withholds such

property from the Central Government; or

(b) wrongfully obtains possession of, or retains, any property held for the purposes of the Lady

Hardinge Medical College and Hospital, or the Kalavati Saran Hospital; or

other papers relating to the Lady Hardinge Medical College and Hospital or the Kalavati Saran

Hospital; or

(d) fails to deliver to the Central Government any assets, books or other documents in his

possession, custody or control relating to the Lady Hardinge Medical College and Hospital or the

Kalavati Saran Hospital; or

(e) wrongfully removes or destroys any property held for the purposes of the Lady Hardinge

Medical College and Hospital or the Kalavati Saran Hospital; or

(f) wrongfully uses any property held for the purposes of the Lady Hardinge Medical College and

Hospital or the Kalavati Saran Hospital,

shall by 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.

Offences by companies.—(1) Where an offence under this Act has been committed by a

company, every person who, at the time the offence was committed, was in charge of, and was reasonable

to, the company for the conduct of the business of the company, as well as the company, shall be deemed

to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any

punishment, if he proves that the offence was committed without his knowledge or that he had exercised

all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has

been committed by a company and it is proved that the offence has been committed with the consent or

connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other

officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of

that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of

individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall

lie against the Central 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.

Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974), no court shall take cognizance of any offence under this Act except on a

complaint, in writing, made by the Central Government or any officer authorised in this behalf by that

Government.

Indemnity.—Every officer of the Central Government shall be indemnified by the Central

Government against all losses and expenses incurred by him in, or in relation to, the discharge of his

duties under this Act except such as have been caused by his own wilful act or default.

Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,

make rules to carry out the provisions of this Act.

(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after

it is made, before each House of Parliament while it is in session for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that

any such modification or annulment shall be without prejudice to the validity of anything previously done

under that rule.