Uttar Pradesh act 021 of 1981 : The UTTAR PRADESH HOMOEOPATHIC MEDICAL COLLEGES (ACQISITION & MISCELLANEOUS PROVISIONS) ACT, 1981

CHAPTER I

PRELIMINARY

CHAPTER I

CHAPTER II

Acquisition of Scheduled Colleges

CHAPTER III

Prohibition of opening of new colleges

CHAPTER IV

Miscellaneous

Section 1.Short title and commencement

(1) This Act may be called the Uttar Pradesh Homeopathic Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981.

(2) It shall come into force on such date as the State Government may, by notification¹, appoint in this behalf.

1. The Act has been enforced w. e. f. December 11, 1981 vide notification no. 7867-sec-9/V-81—1019-80, dated December 11, 1981.

Section 2.Definitions

In this Act

(a) appointed day means the date notified under sub-section (2) of section 1 ;

(b) Homeopathy shall have the meaning assigned to it in the Uttar Pradesh Homeopathic Medicine Act, 1951 ;

¹[(bb) National Homeopathic Medical College means the National Homeopathic Medical College, Lucknow together with the hospital and dispensary attached thereto or used in connection therewith, and includes all lecture rooms, laboratories, libraries, hostels and boarding houses used in connection with or as accessories to, or adjuncts of such college ; ]

(c) Scheduled College means a homeopathic medical college specified in the Schedule together with the hospitals and dispensaries attached thereto or used in connection therewith and includes all lecture-rooms laboratories, libraries, hostels and boarding house used in conception with or as accessories to, or adjuncts of such college ;

(d) Society in relation to a Scheduled College means the society, trustee or other person or body in which the ownership, management and control of the affairs of such colleges are vested.

1 1. Ins. by sec. 2 of U. P. Act 7 of 2001.

Section 3.Vesting of Scheduled colleges in the State Government

(1) On and from the appointed day, every Scheduled College, together with —

(a) all lands on which such college stands and all other land appurtenant thereto, and all buildings, erections and fixtures on such lands,

(b) all furniture, equipments, stores, apparatuses, instruments, appliances, drugs, medicines, works, workshops, projects, automobiles, books, moneys and other assets of such college ;

(c) all other properties, movable and immovable including farms, leases and all rights, powers authorities, privileges, reserve funds, investments, book-debts, 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 day, in the ownership, possession, power or control of the Administrator or any other person, society or body in charge of the management of the affairs of such college ;

shall stand transferred to and vest absolutely in the State Government and shall be applied for the purpose of such college.

(2) Every deed of gift, endowment, bequest, 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 State Government.

(3) Subject to the provisions of this Act, every property and assets referred to in this section, which by virtue of sub-section (1) has vested in the State Government shall, by force of such vesting, be freed and discharged from any debt, obligation, mortgage, charge or lien and other encumbrances affecting it, and every attachment, injunction, 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 provisions of this Act, any proceeding or cause of action pending or existing immediately before the appointed day, by or against the society may, as from the appointed day, be continued and enforced by or against the State Government as if might have been continued or enforced by or against such society if this Act had not come into force.

Section 4.Administration of Scheduled Colleges

(1) On and from the appointed day, every Schedules College shall be administered by the State Government in such manner, as the State Government may, from time to time, direct.

(2) Without prejudice to the generality of the provisions of subsection (1), the State Government may direct that .

(a) one or more of the scheduled colleges shall be closed down ;.

(b) two or more of such colleges shall be combined or amalgamated ;.

¹[(bb) any of the scheduled colleges and the National Homeopathic Medical College shall be combined or amalgamated ; ].

²[(c) students of one or more scheduled colleges or National Homeopathic Medical College shall be transferred from one college to another or absorbed in any other such college ;.

(d) teachers or other employees of any scheduled college or National Homeopathic Medical College shall be transferred from one college to another ;.

(e) any post of teachers or other employees of any scheduled college or National Homeopathic Medical College shall be transferred from one college to another ; ].

³[(3) The inter se seniority of each category of employees other than teachers of the colleges combined or amalgamated under clause (b) or clause (bb) of sub-section (2) shall be determined from the date of their substantive appointment in their respective cadre. If the date of substantive appointment of two or more such employees is the same, the employee senior in age shall be senior.

(4) It shall be lawful for the State Government to abolish, leave unfilled, or hold in abeyance, any vacant post of teachers or other employees of any scheduled college or National Homeopathic Medical College or colleges combined or amalgamated under clause (b) or clause (bb) of sub-section (2) and no person shall be entitled to claim any appointment in such post.]

1. Ins. by sec. 3 (a) of U. P. Act 7 of 2001.
2. Subs. by sec. 3 (b) of U. P. Act 7 of 2001.
3. Ins. by sec. 3 (c) of U. P. Act 7 of 2001.

Section 5.Duty to deliver possession

(1) Every person having possession, custody or control of any property or assets referred to in section 3 on the appointed day shall deliver forthwith such property or asset to the Collector or to such other officer as may be authorised by the State Government in this behalf, and the Collector or such other officer as aforesaid may use such force as may be necessary for obtaining such delivery.

(2) Any person who on the appointed day, has in his possession, custody or control any books, papers or other documents relating to any property referred to in section 3 shall be liable to account for the same to the Collector or to such other officer as may be authorized by the State Government in this behalf.

(3) Without prejudice to the other provisions contained in this Act, it shall be lawful for the State 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.

Section 6.Teachers and other employees to become employees of State Government

(1) Subject to the provisions of section 7, every teacher or other employee who, immediately before the appointed day is employed in, or in connection with the affairs of any scheduled college shall become, as from the appointed day, a teacher or other employee, as the case may be, of the State Government and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not come into force, and shall continue to do so unless and until his employment is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government ;

Provided that if such transfer is not acceptable to any such teacher or other employee, he may intimate to the State Government to that effect within one month from the appointed day and thereupon his employment shall stand terminated with effect from the appointed day;

Provided further that if the employment of teacher or other employee is terminated in accordance with the preceding proviso such teacher or employee shall, subject to the provisions of sub-section (2), be entitled —

(a) to an amount equivalent to three months’ salary in the case of permanent employee, and one month’s salary in the case of any other employee ; and

(b) to other benefits which could have accrued to him because of his past services in such college, had his employment not been so terminated.

(2) The transfer or termination of the services of any teacher, or other employee under sub-section (1) shall not entitle him to any compensation under the U. P. Industrial Disputes Act, 1947 or any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.

(3) If any vacancy occurs in the post of a teacher or other employee in any scheduled college at any time after the commencement of this Act, and a teacher or other employee serving in any homeopathic medical college (other than a scheduled college) on the date immediately preceding the date of such commencement applies for appointment to any such post carrying the same rank or grade, then such teacher or employee shall be entitled to a preference over other applicants provided he fulfills the minimum qualifications prescribed therefor.

Section 7.Review of certain appointments, etc

. (1) Notwithstanding anything contained in this Act, the State Government may nominate any officer or appoint a committee to review the genuineness of all appointments made or increments of salary given to the teachers or other employees of a scheduled college within the period of two years immediately preceding the appointed day, and if after considering the report of such officer or committee and representations that may be received in that behalf from the teachers or other employees affected, an appointment made or increment given does not appear to the State Government to be genuine, it may terminate the services of such teacher or employee or cancel the increment, as the case may be, and the provision of sub-section (2) of section 6 shall apply to every such termination.

(2) Every contract entered into by a Society in relation to any property or asset owned by it, which is vested in the State Government under section 3, for any service, scale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day cease to have effect, unless such contract is, before the expiry of that period, ratified in writing by the State Government and in ratifying such contract the State Government may make such alteration or modification as it may think fit :

Provided that the State Government shall not omit to ratify a contract and shall not make any alteration or modification therein —

(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the State Government ; and

(b) except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

Section 8.New homeopathic colleges not to be established

Subject to the provisions of Article 30 of the Constitution no person other than a person authorised by the Central Government or the State Government shall, on or after the appointed day —

(a) open, organise, maintain or manage or cause to be opened, organised, maintained or managed any college professing to undertake, conduct, provide or offer any instruction in homeopathy ;

(b) admit or offer admission on payment of fee or without such payment, to any course of instruction in homeopathy ;

(c) receive any donation, subscription or fee (by whatever name called) in respect of any institution imparting instructions in homeopathy ;

(d) make any arrangement or hold out that arrangements have been made for lecture, coaching or tuition or for experiments in, any laboratory with a view to imparting instructions in homeopathy.

Section 9.Penalty for contravenetion of section 8

Every person who contravenes the provision of section 8 shall be punishable with imprisonment for a period which may extend to three years or with fine which may extend to two thousand rupees or with both.

Section 10.Provisions of the Act to have overriding effect.

. The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any instrument having effect by virtue of any law other than this Act or any decree or order of any court, tribunal or authority.

Section 11.Penalties

Every person who —

(a) having in his possession, custody or control any property or assets held for the purposes of a scheduled college wrongfully withholds such property or asset in contravention of sub-section (1) of section 5 ; or

(b) wrongfully obtains possession of or retains any property or asset held for the purposes of any scheduled college ; or

(c) willfully withholds or fails to account for any book, paper or other document in his possession, custody or control relating to a scheduled college, in contravention of sub-section (2) of section 5 ; or

(d) wrongfully uses, removes or destroys any property held for the purposes of a scheduled college ;

shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both.

Section 12.Offences by companies

(1) Where any offence under this Act is committed by a company, every person who, at the time of the offence was committed, was incharge of, and was responsible 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 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 anybody corporate and includes a firm, society or other association of individuals ; and

(b) “Director” in relation to a firm means a partner in the firm

Section 13.Protection of action taken in good faith

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.

Section 14.Cognizance of offences

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence under this Act, except on a complaint in writing made by the State Government or any officer authorised in this behalf, by that Government.

Section 15. Savings in respect of minority institutions

Nothing in this Act shall affect the right of any minority, referred to in Article 30 of the Constitution to establish and administer educational institutions of their choice for imparting instructions in homeopathy subject to any law for the time being in force

Section 16.Power to make rules

The State Government may, by notification, make rules for carrying out the purposes of this Act.

Section 17.Repeal and savings

(1) The Uttar Pradesh Homeopathic Medical College, (Taking over of Management) Act, 1979 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the enactment repealed by sub-section (1) shall continue to be valid as if this Act has not come into force.