KING GEORGE'S MEDICAL COLLEGE AND THE GANDHI
MEMORIAL AND ASSOCIATED HOSPITALS (TAKING OVER) ACT, 1983 THE KING GEORGE'S
MEDICAL COLLEGE AND THE GANDHI MEMORIAL AND ASSOCIATED HOSPITALS (TAKING OVER)
ACT. 1983 [Act No. 10 of 1983] An Act to provide, in the
interest of the general public, for the re-transfer of the control and
management of the King George's Medical College and the Gandhi Memorial and
Associated Hospitals, Lucknow, from the University of Lucknow to the State
Government, and for the taking over of the properties pertaining to the said
College and Hospitals, with a view to ensuring inter alia, the maintenance and
development of all the medical colleges connected with the State Universities
along with their associated hospitals on an integrated pattern, and for matters
connected therewith. It
is hereby enacted in the Thirty-fourth Year of the Republic of India as
follows:- (1) This Act may be called the King George's Medical
College and the Gandhi Memorial and Associated Hospitals (Taking Over) Act,
1983. (2) It shall be deemed to have come into force on July
18, 1961. In
this Act,- (a) "Appointed date" means the date of
commencement of this Act; (b) "King George's Medical College" includes
all dispensaries, lecture rooms, museums, laboratories, libraries, hostels and
boarding houses used in connection with, or as accessories to, or adjuncts of
the said College; (c) "Gandhi Memorial and Associated
Hospitals" means the Gandhi Memorial Hospital, the Queen Mary's Hospital,
the Kasturba Clinic and Hospital (Tuberculosis), the Children Hospital, the hospital
attached to the Faculty of Dental Sciences, the Leprosy Hospital and the Blood
Bank, and includes all hospitals, dispensaries and laboratories which are
attached to or adjuncts of any of the aforementioned hospitals and the blood
bank; (d) "the institutions" means the King
George's Medical College and the Gandhi Memorial and Associated Hospitals; (e) "the University" means the University of
Lucknow; and (f) references to the "State Government"
shall be construed as including references to the Government of the United
Provinces. On
and from the appointed date- (a) the control and management of the institutions
which was transferred by executive order with effect from March 1, 1921, from
the State Government, to the University, together with the control and
management of all properties and assets pertaining thereto which were in
existence at the time of the said transfer, shall stand re-transferred from the
University to, and vest in, the State Government; (b) all properties and assets pertaining to the
institutions, whether acquired or created out of grants-in-aid from the State
Government or otherwise (including any cash balances held by the University in
the names of the institutions or on their account, whether in deposit with any
bank or otherwise) shall stand transferred from the University to, and vest in,
the State Government; (c) except as provided in section 5, all rights,
powers, privileges duties, debts, liabilities and obligations of the
University, contractual or otherwise, arising or accrued or incurred in
relation to the affairs of any of the institutions shall stand transferred to
the State Government; (d) all references in any will, deed or other document,
whether made or executed before or after the appointed date, which contains any
bequest, gift, endowment, or trust in favour of the University for the purposes
of any of the institutions shall be construed as if the State Government was
therein named instead of the University. The
properties, assets and rights transferred to the State Government by virtue of
this Act shall continue to be utilized for the purposes for which they were
being utilized or were intended to be utilized immediately before the appointed
date. Subject
to the provisions of section 6,- (a) every whole time officer (including teacher) or
other servant of the University duly employed in connection with the affairs of
any institution and serving the institution as such immediately before the
appointed date shall, unless within 90 days from the appointed date he gives
notice in writing to the State Government of his intention not to become an
employee of the State Government, become an officer or other servant of the
State Government and shall hold his office by the same tenure and upon the same
terms and conditions and with the same rights as to retirement benefits or
other matters as he would have held under the University if this Act had not
been passed and shall continue to do so until his employment under the State
Government is duly terminated or until those terms and conditions are duly
altered by the State Government. (b) every other officer (including teacher) or other
servant of the University employed in connection with the affairs of any
institution immediately before the appointed date may, if found suitable by the
State Government or by such officer or authority as may be specified by the
State Government in that behalf, and unless he gives notice in writing to the
State Government of his intention not to become an employee of the State
Government, be absorbed in Government Service, provisionally or finally, on
such terms and conditions as the State Government may, by general or special
order, specify, and shall thereafter become an officer or other servant of the
State Government on those terms until his employment is duly terminated or
until those terms and conditions are duly altered by the State Government, and
the services of others shall stand determined in such manner and by order of
such officer or authority as the State Government may specify in that behalf. Explanation-For
the purposes of this section, the expression duly altered by the State
Government means altered by the State Government or by the State Legislature,
as the case may be, either in exercise of the powers conferred by Article 809
of the Constitution or otherwise. (1) Every officer or other servant whose services are
transferred to the State Government under section 5, shall, notwithstanding
anything contained in other provisions of this Act, be liable to be transferred
and posted to any other medical college or, as the case may be, to a hospital
attached to a medical college under the control and management of the State
Government (2) Nothing contained in section 5 shall be deemed to
apply to a government servant whose services were, immediately before the
appointed date, on deputation from the State Government to the University. (3) Notwithstanding anything contained in any other law
for the time being in force- (a) the transfer of services of any employee of the
University under section 5 or the termination of his services in consequence of
his notice referred to in the said section or, as the case may be, in
consequence of his not being absorbed in Government service, shall not entitle
any such employee to any compensation, and (b) no such claim shall be entertained by any court,
tribunal or other authority. (1) If by virtue of the provisions of section 3, the
University is deprived of any of its properties, assets and rights it may,
within six month's from the appointed date, prefer a claim to the State
Government giving details of such properties, assets and rights, mentioning in
respect of each item the details and manner of acquisition, its value on the
date of acquisition, the funds from which it was acquired, its market value on
the appointed date, and other relevant particulars. (2) Upon receipt of any claim under sub-section (1) the
State Government shall proceed in the manner hereinafter set out, that is to
say,- (a) if the State Government and the University having
regard to the principles specified in the Schedule agree as to the details of
the properties, assets and rights for which compensation is due and as to the
amount of compensation payable therefor, the State Government shall pay the
compensation so determined; (b) where the State Government and the University
disagree in respect of any of the matters referred to in clause (a), the State
Government shall, within a period of one year from the date on which the claim
is preferred, refer the matters in dispute to a Tribunal for decision in
accordance with the principles specified in the Schedule; (c) where the State Government fails to pay the amount
claimed by the University within the period of one year specified in clause (b)
or where the State Government fails to refer the matter in dispute to the
Tribunal within the said period, the University may within a period of next six
months, refer such matter to the Tribunal. (3) The Tribunal referred to in clauses (b) and (c) of
sub-section (2), shall be appointed by the State Government and consist of a
single member who is, or has been, or is qualified to be, a Judge of a High
Court, and it shall have the powers of a Civil Court while trying a sun under
the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following
matters, namely- (a) summoning and enforcing the attendance of any
person and examining him on oath; (b) requiring the discovery and production of
documents; (c) receiving evidence on affidavits; (d) making local inspections and issuing commissions
for the examination of witnesses of documents or for local investigation; (e) such other matters as may be prescribed. (4)
The
Tribunal shall have the power to regulate its own procedure and decide all
matters within its competence, and may review any or its decisions in the event
of there being a mistake on the face of the record or correct any arithmetical
or critical therein, but subject thereto the decision or the tribunal on any
matter within its jurisdiction shall be final. (5) The amount of compensation, it any, upon being
determined as aforesaid snail be paid to the university in the discretion of
the state Government under in cash of in not more than ten equal annual
installments, and the said amount or the balance outstanding at any time shall
carry (simple) interest at the rate of six per cent annum from the appointed
date. No
suit, prosecution or other legal proceedings shall he against the State
Government of any other person in respect or anything which is in good faith
done or intended to be done in pursuance of this Act. Notwithstanding
anything contained in the Uttar Pradesh State Universities Act, 1973, and the
statuses made thereunder,- (1) , the king George's Medical College shall, with
effect from the appointed date, become a constituent college of the university
and shall be maintained by the state government; (2) it any selection of any other including teacher or
outer servant) has been made by any selection committee constituted under the
said Act or otherwise but no appointment has been made until the appointed date
in pursuance thereof such selection shall stand rescinded and it shall be open
to the State Government or other competent authority to make fresh recruitment
in accordance with the rules or orders applicable to toe post concerned, (1) In the Uttar Pradesh state universities Act, 1975,
in section 31 sub-section (13) shall be omitted, (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may make such order, not
inconsistent with the provisions of this Act, as may appear to it to be
necessary for the purpose of removing the difficulty: Provided
that no order shall be made under this sub-section after the expiry of a period
of two years from the appointed date. (2)
Every
order made, under sub-section (1), shall be laid before both Houses of State
Legislature. (3) No order under sub-section (1) shall be called in
question in any court on the ground that no difficulty as is referred to in
sub-section (1), existed or required to be removed. The
State Government may, by notification, made rules for carrying out the purposes
o? this Act. (1) The King George's Medical College and the Gandhi
Memorial and Associated Hospitals (Taking Over) Ordinance, 1983 ( U.P.
ordinance no of 1982 ) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the Ordinance referred to in sub-section (1), shall be
deemed to have been done or taken under this Art as if this Act were in force
at all material times. SCHEDULE (See section 7) Principles for determining Compensation 1.
The
properties and assets of the State Government the control and management of
which was transferred by the State Government by executive order to the
University with effect from March 1, 1921 and which continue to vest in the
State Government shall not be included in the property of which the
compensation shall be payable. 2.
The
compensation payable under section 7 shall be an amount equal to the sum total
of the value of other properties, assets and rights of the University
pertaining to the institutions on the appointed date calculated in accordance
with the provisions of paragraph 3 less the sum total of its debts, liabilities
and obligations pertaining to the institutions as on the said date, calculated
in accordance with the provisions of paragraph 4. 3.
The
said market value shall be determined as on the appointed date, calculated as
follows:- (i) in respect of land and buildings or any interest
therein. In accordance with the principles specified in sections 25 and 24 of
the Land Acquisition Act, 1894; (ii) the amount of debts to the University and
pertaining to the institutions, whether secured or unsecured to the extent to
which they are reasonably considered to be recoverable; (iii) the value of all tangible assets and properties
other than those falling within any of the preceding clauses. 4.
The
total amount of liabilities and obligations incurred by the University in
connection with the affairs of the institutions and subsisting on the appointed
date shall be determined having regard to the principles laid down in paragraph
3.
Preamble - KING GEORGE'S MEDICAL
COLLEGE AND THE GANDHI MEMORIAL AND ASSOCIATED HOSPITALS (TAKING OVER) ACT,
1983PREAMBLE
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KING GEORGE'S MEDICAL COLLEGE AND THE GANDHI MEMORIAL AND ASSOCIATED HOSPITALS (TAKING OVER) ACT, 1983
KING GEORGE'S MEDICAL COLLEGE AND THE GANDHI MEMORIAL AND ASSOCIATED HOSPITALS (TAKING OVER) ACT, 1983
Section 1 - Short title and commencement
Section 2 - Definitions
Section 3 - Taking over of the Institutions by Government and consequential provisions
Section 4 - Section 4
Section 5 - Section 5
Section 6 - Saving as to services
Section 7 - Claim for compensation by University
Section 8 - Protection for action taken under this Act
Section 9 - King George's Medical College to become constituent college
Section 10 - Amendment of section 31 of President's Act No. 10 of 1973 amended by U.P. Act No. 29 of 1914
Section 11 - Removal of difficulties
Section 12 - Powers to make rules
Section 13 - Repeal and savings
Schedule - SCHEDULE