Bare Acts

CHAPTER II ACQUISITION OF LADY HARDINGE MEDICAL COLLEGE AND HOSPITAL


3. 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;
(c) all other properties and assets, movable and immovable including leases pertaining to the
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have been withdrawn.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.
4. 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.
5. 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.
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6. 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.
7. 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 if such amount were the
Fund. 

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