GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXXV of 1977
THE INDIAN COLLEGE OF ARTS AND
DRAFTSMANSHIP (TAKING OVER OF MANAGEMENT)
ACT, 1977.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta
Gazette, Extraordinary, of the 7th March, 1978.]
[7th March, 1978.]
An Act to provide for the taking over, in the public interest, of
the management of the undertaking of the institution known as the
Indian College of Arts and Draftsmanship at 139, Dharamtola
Street, Calcutta, for a limited period, with a view to ensuring
proper management thereof for promotion of art and culture, and
for matters connected therewith or incidental thereto;
WHEREAS it is expedient to provided for the taking over, in the
public interest, of the management of the undertaking of the
institution known as the Indian College of Arts and Draftsmanship
at 139, Dharamtola Street, Calcutta, for a limited period, with a
view to ensuring proper management thereof for promotion of art
and culture, and for matters connected therewith or incidental
thereto;
It is hereby enacted in the Twenty-eighth Year of the Republic
of India, by the Legislature of West Bengal, as follows :-
1. This Act may be called the Indian College of Arts and Short title.
Draftsmanship (Taking over of Management) Act, 1977.
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) "bank" means a banking company as defined in clause
10 of 1949. (c) of section 5 of the Banking Regulation Act, 1949
and includes the State Bank of India constituted under
23 of 1955. the State Bank of India Act, 1955, a subsidiary bank as
GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXXV of 1977
THE INDIAN COLLEGE OF ARTS AND
DRAFTSMANSHIP (TAKING OVER OF MANAGEMENT)
ACT, 1977.
[Passed by the West Bengal Legislature]
[Assent of the President was first published in the Calcutta
Gazette, Extraordinary, of the 7th March, 1978.]
[7th March, 1978.]
An Act to provide for the taking over, in the public interest, of
the management of the undertaking of the institution known as the
Indian College of Arts and Draftsmanship at 139, Dharamtola
Street, Calcutta, for a limited period, with a view to ensuring
proper management thereof for promotion of art and culture, and
for matters connected therewith or incidental thereto;
WHEREAS it is expedient to provided for the taking over, in the
public interest, of the management of the undertaking of the
institution known as the Indian College of Arts and Draftsmanship
at 139, Dharamtola Street, Calcutta, for a limited period, with a
view to ensuring proper management thereof for promotion of art
and culture, and for matters connected therewith or incidental
thereto;
It is hereby enacted in the Twenty—eighth Year of the Republic
of India, by the Legislature of West Bengal, as follows :—
1. This Act may be called the Indian College of Arts and
Draftsmanship (Taking over of Management) Act, 1977‘
2. In this Act, unless the context otherwise requires,—
(a) "appointed day" means the date of publication of the
order made under section 3;
([2) ”bank" means a banking company as defined in clause
10 or1949t (c) of section 5 of the Banking Regulation Act, 1949
and includes the State Bank of India constituted under
23 of 1955. the State Bank of India Act, 1955, a subsidiary bank as
281
Short title.
Definitions.
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
[West Ben. Act
(Sections 3,4.)
Taking over of
management of
the undertaking
of the
institution.
General effect
of an order
made under
section 3.
defined in the State Bank of India (Subsidiary Banks) 38 of 1959.
Act, 1959, a corresponding new bank as defined in
clause (d) of section 2 of the Banking Companies 5 of 1970.
(Acquisition and Transfer of Undertakings) Act, 1970,
a banking institution notified by the Central Government
under section 51 of the Banking Regulation Act, 1949 10 of 1949.
and also includes any other financial institution which
may be notified in this behalf by the State Government;
(c) "the institution" means the Indian College of Arts and
Draftsmanship at 139, Dharamtola Street, Calcutta, a
society registered under the Societies Registration Act, 21 of 1860.
1860;
(d) "the undertaking of the institution" shall be deemed to
include all rights, powers, authorities and privileges of
the institution and all properties movable or immovable,
cash balances, reserve funds and other assets of the
institution including furniture, stores,models,
equipments, libraries, art materials, apparatus, tools,
instruments, implements or any other property 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
accounts, registers and other documents of whatever
nature relating thereto;
(e) "prescribed" means prescribed by rules made under
this Act.
3. (1) The State Government may, by an order published in
the Official Gazette, take over the management of the undertaking
of the institution and appoint an officer not below the rank of an
Executive Magistrate or any Lecturer of not less than five years'
standing of any university, or any college affiliated to any university,
in West Bengal (hereinafter referred to as the Administrator) for
managing the undertaking of 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 two years from the date of its publication in
the Official Gazette.
4. (1) 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,
The Indian College afArts and Draftsmanship (Taking aver ofManagemenl) Act, 1977.
[West Ben. Act
(Sections 3,4.)
defined in the State Bank of India (Subsidiary Banks) 330f1959-
Act, 1959, a corresponding new bank as defined in
clause (a9 of section 2 of the Banking Companies 5 of 1970-
(Acquisition and Transfer of Undertakings) Act, 1970,
a banking institution notified by the Central Government
under section 51 of the Banking Regulation Act, 1949 10 of I949.
and also includes any other financial institution which
may be notified in this behalf by the State Government;
(0) "the institution" means the Indian College of Arts and
Draftsmanship at 139, Dharamtola Street, Calcutta, a
society registered under the Societies Registration Act, 21 of 1860-
1860;
(d) "the undertaking of the institution" shall be deemed to
include all rights, powers, authorities and privileges of
the institution and all properties movable or immovable,
cash balances, reserve funds and other assets of the
institution including furniture, stores,models,
equipments, libraries, alt materials, apparatus, tools,
instruments, implements or any other property 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
accounts, registers and other documents of whatever
nature relating thereto;
(e) "prescribed" means prescribed by rules made under
this Act.
Taking OVerof 3. (I) The State Government may, by an order published in
Egigd‘fliizg the Ofi‘icial Gazette, take over the management of the undertaking
ofthe of the institution and appoint an officer not below the rank of an
institution. Executive Magistrate or any Lecturer of not less than five years'
standing of any university, or any college affiliated to any university,
in West Bengal (hereinafter referred to as the Administrator) for
managing the undertaking of 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 two years from the date of its publication in
the Official Gazette.
Generaleffecl 4. (1) The State Government may, if it is satisfied that it is
(:31: 221:; necessary or expedient so to do, direct, by notification, that the
Emma operation of all contracts, assurances of property,- agreements,
282
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
XXXV of 1977.]
(Section 4.)
settlements, awards, standing orders or other instruments in force in
relation to the institution immediately berofe 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.
(2) A notification issued under sub-section (1) 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.
(3) Any remedy for the enforcement of any right, privilege,
obligation or liability referred to in sub-section (1) and suspended
or modified by a notification under that sub-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—
(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.
(4) In computing the period of limitation for the
enforcement of any right,privilege,obligation or liability referred to
in sub-section (1), the period during which it or the remedy for the
enforcement thereof was suspended, shall be excluded.
(5) With effect from the appointed day the Administrator
shall have all the powers of management in relation to the institution.
(6) All persons in charge of the management of the
undertaking of the institution, immediately before the appointed
day, shall be deemed to have vacated their offices on the appointed
day.
The Indian College ofArts and Draftsmanship (Taking over of Management) Act, 1977.
XXXV of 1977.]
(Section 4.)
settlements, awards, standing orders or other instruments in force in
relation to the institution immediately berofe 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.
(2) A notification issued under sub—section (1) 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.
(3) Any remedy for the enforcement of any right, privilege,
obligation or liability referred to in sub—section (1) and suspended
or modified by a notification under that sub—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 he stayed
or be continued subject to such modification so, however, that on
the notification ceasing to have effect—
(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.
(4) In computing the period of limitation for the
enforcement of any right,privilege,obligation or liability referred to
in sub—section (1), the period during which it or the remedy for the
enforcement thereof was suspended, shall be excluded.
(5) With effect from the appointed day the Administrator
shall have all the powers of management in relation to the institution.
(6) All persons in charge of the management of the
undertaking of the institution, immediately before the appointed
day, shall be deemed to have vacated their offices on the (appointed
day.
283
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
[West Ben. Act
(Section 4.)
(7) Notwithstanding anything contained in any law for the
time being in force, no person in respect of whom any contract of
management or other arrangement is terminated by reason of the
provisions contained in sub-section (1), or who ceases to hold any
office by reason of the provisions contained in sub-section (6), shall
be entitled to claim any compensation for the premature termination
of the contract of management or other arrangement or for the loss
of office, as the case may be.
(8) 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 thereof to the
Administrator or to such person or authority as may be specified by
the Administrator in this behalf.
(9) Any person who, on the appointed day, has in his
possession or under his control any books, papers or other documents
relating to the undertaking of the institution including minute
books, cheque books, letters, memoranda, notes or other
communications shall, notwithstanding anything contained in any
law for the time being in force, be liable to account for such books,
papers and other documents or the minute books, cheque books,
letters, memoranda, notes or other communications to the
Administrator and shall deliver them up to the Administrator or to
any such person or authority as may be specified by the Administrator
in this behalf.
(/0) The State Government may take,or cause to be taken,
all necessary steps for securing the possession of the undertaking of
the institution the management of which has been taken over by it
under section 3.
(11) Every person in charge of the management of the
undertaking of the institution immediately before the appointed day
shall, within ten days from that day or within such further period as
the State Government may allow in this behalf, furnish to the
Administrator a complete inventory of all the properties and assets
forming part of the undertaking of the institution immediately
before the appointed day and of all the liabilities and obligations of
the institution in relation to its undertaking subsisting, immediately
before that day and also of all agreements entered into by such
institution in relation to its undertaking and in force immediately
before that day.
The Indian College ofArts and Draftsmanship (Taking over of Management) Act, 1977.
[West Ben. Act
(Section 4.)
(7) Notwithstanding anything contained in any law for the
time being in force, no person in respect of whom any contract of
management or other arrangement is terminated by reason of the
provisions contained in sub—section (1), or who ceases to hold any
office by reason of the provisions contained in sub-section (6), shall
be entitled to claim any compensation for the premature termination
of the contract of management or other arrangement or for the loss
of office, as the case may be.
(8) 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 thereof to the
Administrator or to such person or authority as may be specified by
the Administrator in this behalf.
(9) Any person who, on the appointed day, has in his
possession or under his control any books, papers or other documents
relating to the undertaking of the institution including minute
books, cheque books, letters, memoranda, notes or other
communications shall, notwithstanding anything contained in any
law for the time being in force, be liable to account for such books,
papers and other documents or the minute books, cheque books,
letters, memoranda, notes or other communications to the
Administrator and shall deliver them up to the Administrator or to
any such person or authority as may be specified by the Administrator
in this behalf.
(10) The State Government may take,or cause to be taken,
all necessary steps for securing the possession of the undertaking of
the institutidn the management of which has been taken over by it
under section 3.
(11) Every person in charge of the management of the
undertaking of the institution immediately before the appointed day
shall, within ten days from that day or within such further period as
the State Government may allow in this behalf, furnish to the
Administrator 3 complete inventory of all the properties and assets
forming part of the undertaking of the institution immediately
before the appointed day and of all the liabilities and obligations of
the institution in relation to its undertaking subsistingimmediately
before that day and also of all agreements entered into by such
institution in relation to its undertaking and in force immediately
before that day.
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
XXXV of 1977.]
(Sections 5-7.)
(12) Notwithstanding anything contained in sub-section (1),
every person employed in connection with the undertaking of the
institution, who has been in such employment immediately before
the apointed 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 the terms and conditions of employment are altered
by the State Government in accordance with such rules as may be
prescribed.
5. (1) The State Government may appoint one or more persons,
to be called Deputy Administrators, to assist the Administrator, and
other persons for carrying out the purposes of this Act.
(2) A Deputy Administrator shall exercise such powers
and discharge such duties as may be assigned to him by the
Administrator.
6. All properties which remain under the management of the
State Government under this Act shall be used for the purposes for
which they were being used immediately before the appointed day
and upon the expiry of the period of two years the management of
such properties shall revert to the institution.
Power to
appoint
persons.
Use of
properties
under the
management
of the State
Government.
7. (1) Any person who— Penalty.
(a) contravenes any of the provisions of sub-section (8),
(9) or (11) of section 4, or
(b) wilfully obtains possession of any property forming
part of the undertaking 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,
shall be punishable with imprisonment for a term which may extend
to two years or with fine which may extend to two thousand rupees
or with both.
The Indian College UfAn‘s and Drafismanship (Taking aver ofManagemenI) Act, 1977.
XXXV of 1977.]
(Sections 5-7.)
(12) Notwithstanding anything contained in sub-section (1),
every person employed in connection with the undertaking of the
institution, who has been in such employment immediately before
the apointed 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 the terms and conditions of employment are altered
by the State Government in accordance with such rules as may be
prescribed.
5. (l) The State Government may appoint one or more persons, Power to
to be called Deputy Administrators, to assist the Administrator, and aPPOl‘“
other persons for carrying out the purposes of this Act. persons'
(2) A Deputy Administrator shall exercise such powers
and discharge such duties as may be assigned to him by the
Administrator.
6. All properties which remain under the management of the Use of
State Government under this Act shall be used for the purposes for ProPenieS
which they were being used immediately before the appointed day :‘lh‘ilezigéiient
and upon the expiry of the period of two years the management of ofthe State
such properties shall revert to the institution. Government-
7. (1) Any person who— Penalty.
(a) contravenes any of the provisions of sub—section (8),
(9) or (11) of section 4, or
(b) wilfully obtains possession of any property forming
part of the undertaking 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,
shall be punishable with imprisonment for a term which may extend
to two years or with fine which may extend to two thousand rupees
or with both.
285
The Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
[West Ben. Act XXXV of 1977.]
(Sections 8-12.)
(2) All offences under this section shall be cognizable.
Power of the. 8. The Administrator shall have the power to institute, defend or
Administrator take part in any suit or proceeding by or against the institution
to institute, to
defend suits relating to the undertaking of the institution.
and proceed-
ings.
Advances 9. (1) The State Government may, on the application made
by the State by the Administrator in this behalf, advance monies to the institution
Government.
for the purpose of efficiently managing the affairs of the institution
and all such monies shall be repaid by the institution with such
interest as may be prescribed.
(2) Any money advanced by the State Government under
sub-section (1) shall, subject to the prior payment of monthly rates
and any sum due to the Central or State Governments or to any
bank, on any account whatsoever, be a first charge upon the
undertaking of the institution.
10. No suit, prosecution or other legal proceeding shall lie against
the State Government or the Administrator or any other person for
anything which is in good faith done or intended to be done under
this Act or the rules made thereunder.
11. If any difficulty arises in giving effect to the provisions of
this Act the State Government may take such steps or issue such
directions not inconsistent with this Act as may be necessary for the
removal of such difficulty.
12 . (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 undertaking of the institution,
(b) the terms and conditions of service of the Administrator,
Deputy Administrators 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.
Protection of
action taken
under the Act.
Power to
remove
difficulties.
Power to
make rules.
The Indian College ofAns and Draftsmanship (Taking over ofManagemerzr) Act, 1977.
[West Ben. Act XXXV of 1977.]
(Sections 8- 12.)
(2) All offences under this section shall be cognizable.
Power of the 8. The Administrator shall have the power to institute, defend or
Administrator
take art in an suit or r ceedin or a ainst the institution
toinstitute, to p y p 0 g by g
defend suits relating to the undertaking of the institution.
and proceed—
ings.
Advances 9. (1) The State Government may, on the application made
by the State by the Administrator in this behalf, advance monies to the institution
Government.
for the purpose of efficiently managing the affairs of the institution
and all such monies shall be repaid by the institution with such
interest as may be prescribed.
(2) Any money advanced by the State Government under
sub-section (1) shall, subject to the prior payment of monthly rates
and any sum due to the Central or State Governments or to any
bank, on any account whatsoever, be a first charge upon the
undertaking of the institution.
Promotion of 10. No suit, prosecution or other legal proceeding shall lie against
3:323:35?“ the State Government or the Administrator or any other person for
anything which is in good faith done or intended to be done under
this Act or the rules made thereunder.
Powerlo 11. If any difficulty arises in giving effect to the provisions of
:fmfi‘i‘l’liies. this Act the State Government may take such steps or issue such
directions not inconsistent with this Act as may be necessary for the
removal of such difficulty.
Power“) 12 . (I ) The State Government may make rules for carrying out
make rules.
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 undertaking of the institution,
(b) the terms and conditions of service of the Administrator,
Deputy Administrators 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.
286
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