Section 1 Short title and commencement.
(1) This Act may be called the Lady Hardinge Medical Collegeand Hospital (Acquisition) and Miscellaneous Provisions Act, 1977.
(2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 2 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 CentralGovernment under the Scheme;
(c) "Board of Management" means the Board of Management of the Kalavati Saran Hospital,constituted by the Central Government;
(d) "Fund" means the Lady Hardinge Hospital for Women and Children, Delhi, Fundestablished by the Scheme;
(e) "Kalavati Saran Hospital" means the institution known as the Kalavati Saran ChildrensHospital, New Delhi, together with the dispensaries attached thereto and used in connectiontherewith, and includes all laboratories and libraries used in connection with, or as accessories to, oradjuncts of, the said Hospital;
(f) "Lady Hardinge Medical College and Hospital" means the institutions known as the LadyHardinge Medical College for Women, New Delhi, and the Lady Hardinge Hospital for Women andChildren, New Delhi, together with the dispensaries attached thereto and used in connectiontherewith, and includes all lecture-rooms, museums, laboratories, libraries, hostels andboarding-houses used in connection with, or as accessories to, or adjuncts of, the said College ofHospital;
(g) "Scheme" means the Scheme for the administration of the Fund settled by the CentralGovernment 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 Governmentof India, in the late Ministry of Health, No. F. 4-77/56-MII, dated the 14th March, 1957 andNo. F. 4-77/56-MII, dated the 17th April, 1957;
(h) "Treasurer" means the Treasurer of Charitable Endowments for India, appointed under theCharitable Endowments Act, 1890 (6 of 1890).
Section 3 Lady Hardinge Medical College and Hospital to vest in Central Government.
(1) On theappointed 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 otherlands appurtenant thereto and all buildings, erections and fixtures on such lands;
(b) all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assetsof the Lady Hardinge Medical College and Hospital;
(c) all other properties and assets, movable and immovable including leases pertaining to theLady Hardinge Medical College and Hospital, whether vested in the Treasurer of the Board ofAdministration or in any other person; and all rights, powers, authorities and privileges, cashbalances, reserve funds, investments and all other rights and interests in, or in relation to, or arisingout 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 ofthe 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 whateverkind, incurred in relation to, the Lady Hardinge Medical College and Hospital, and subsisting on theappointed 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 theproperties, and assets, referred to in sub-section (1), shall, as from the appointed day, be construed as if itwere made or executed in favour of the Central Government.
(3) Subject to the other provisions contained in this Act, any property, referred to insub-section (1), which, by virtue of the provisions of that sub-section, has vested in the CentralGovernment, 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 decreeor order of any court or tribunal restricting the use of such property in any manner shall be deemed tohave been withdrawn.
(4) Subject to the other provisions contained in this Act, any proceeding or cause of action, pendingor existing immediately before the appointed day, by or against the Treasurer or the Board ofAdministration 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 mighthave been enforced by or against the Treasurer or the Board of Administration or such other person ifthis Act had not been enacted, and shall cease to be enforceable by or against the Treasurer or the Boardof Administration or such other person.
Section 4 Payment of amount.
(1) The Central Government shall give, in cash, to the Treasurer an amountequivalent to the sum of rupees one lakh for the transfer to, and vesting in, the Central Government, undersection 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 appointedday (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 carryinterest at the rate of four per cent. per annum from the date of expiry of the specified period until thepayment thereof
Section 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 shallbe administered by the Central Government as a Government institution, and, in administering theproperties transferred to and vested in it under section 3, regard shall be had to the purposes specified inthe Scheme.
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