Bare Act
The Chhattisgarh Chandulal Chandrakar Memorial Medical College Durg (Acquisition) Act, 2021
1. Short title and commencement
Short title and commencement. -
- (1) This Act may be called the Chhattisgarh Chandulal Chandrakar Memorial Medical College, Durg (Acquisition) Act, 2021.
- (2) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions
Definitions. - In this Act, unless the context otherwise requires,-
- (a) "Chandulal Chandrakar Memorial Medical College" means, Medical College established in village Kachandur, District-Durg, Chhattisgarh by Chandulal Chandrakar Memorial Hospital, registered under Companies Act, 1956 (No.1 of 1956), Reg. No. 10- 11769 of 1997;
- (b) "Government" means the Government of Chhattisgarh;
- (c) "Notification" means a notification published in Official Gazette;
- (d) "Prescribed" means prescribed by rules made under this Act;
- (e) "Special Officer" means the officer appointed under sub-section
- (1) of Section 7.
3. Handing over control of Chandulal Chandrakar Memorial Medical College, Kachandur, District-Durg, Chhattisgarh to Government
Notwithstanding anything contained in any other law for the time being in force or in any judgment or decree of any Court or in any contract or other document or order, Chandulal Chandrakar Memorial Hospital, registered under Companies Act, 1956 (No. 1 of 1956), Reg. No. 10-11769 of 1997 shall handover the administration, control and possession of all properties both movable and immovable of Chandulal Chandrakar Memorial Medical College, Kachandur, District-Durg, Chhattisgarh to the Government immediately on the commencement of this Act.
4. Chandulal Chandrakar Memorial Medical College Kachandur, District-Durg, Chhattisgarh to vest in Government
Notwithstanding anything contained in any other law for the time being in force or in any order or judgment or decree of any Court or in any contract or other document, on and from the date of commencement of this Act, Chandulal Chandrakar Memorial Medical College Kachandur, Durg, Chhattisgarh together with its associated Hospital and all its assets, rights and interests, shall vest in Government and any right, possession and interest, of any person living or juristic, individuals, companies, shareholders or any other organization in respect of it shall be ceased.
5. Termination of establishment vesting
- (1) Notwithstanding anything contained in any other law for the time being in force or in any order or judgment or decree of any Court or in any contract or other document, relating to the establishment vested in the Government under Section 4, immediately before the commencement of this Act, the same shall be deemed to have been terminated on such commencement.
- (2) On commencement of this Act, the administration and management by any Company, Society, person living or juristic or any organization who had managed and administered these establishment vested before in the Government under Section 4 shall be deemed to ceased.
6. Payment of Amount
The properties of Chandulal Chandrakar Memorial Medical College, Kachandur, Durg, in the Government under section 4, the Government shall pay to Chandulal Chandrakar Memorial Hospital, registered under Companies Act, 1956 (No. 1 of 1956), Reg. No. 10-11769 of 1997, the amount payable under sub-section
- (2) of section 8.
7. Appointment of Special Officer for determining the amount
- (1) The Government shall appoint by notification, a person having adequate knowledge and experience in matters of administration, medical and finance, as Special Officer for the purpose of fixing the amount specified in Section 6.
- (2) For assisting the Special Officer in exercising the powers conferred on him under this Act the Government may depute such other officers as it may think fit.
- (3) The salaries and allowances of the Special Officer and other officers deputed under sub-section
- (2) shall be as fixed by the Government.
8. Procedure and parameters to be followed by the Special Officer
- (1) The Special Officer appointed under sub-section
- (1) of Section 7 shall do valuation of the moveable and immovable property which has vested in Government under Section 4.
- (2) In view of the compulsory nature of taking over, the amount payable shall be paid up to two times the amount of actual valuation determined under sub-section (1).
- (3) No other money shall be payable to any person living or juristic for vesting of any properties in the Government under Section 4.
9. Payment of Amount
("Payment of Amount")
- (1) The Government shall pay the amount specified in Section 8 in the Bank Account of Chandulal Chandrakar Memorial Hospital, registered under Companies Act, 1956, Reg. No. 10-11769 of 1997, who owned Chandulal Chandrakar Memorial Medical College, Kachandur, Chhattisgarh, before its vesting in the Government under Section 4.
- (2) Full & final payment of the amount specified in Section 8 shall be made by the Government within 6 months of the report being submitted by the Special Officer appointed under sub-section
- (1) of Section 7.
10. Chandulal Chandrakar Memorial Medical College to have no claim on Government Service
("Chandulal Chandrakar Memorial Medical College to have no claim on Government Service")
- (1) Person, who was in employment of Chandulal Chandrakar Memorial Medical College, Kachandur Durg, Chhattisgarh or any of its associated hospitals or establishment, whether as a permanent employee, on contract or outsourced, before their vesting in the Government under Section 4, shall have no any claim for service in Chandulal Chandrakar Memorial Medical College, Kachandur Durg, Chhattisgarh or under the Government.
- (2) There shall be no liability of the Government for payment of any salary or any other dues of any person specified in sub-section (1).
- (3) Persons specified in sub-section
- (1) who remain unpaid by the owners of Chandulal Chandrakar Memorial Medical College, for services rendered before its vesting in Government under Section 4 shall have a right to recovery of amount from the owners of Chandulal Chandrakar Memorial Medical College who are owners before its vesting in Government under Section 4.
11. Protection of action taken in good faith
No suit, prosecution, penal actions or other legal proceedings shall lie against the Government or the Special Officer, appointed under sub-section
- (1) of section 7 or any other officers or persons who act in accordance with the directions of the Special Officer, for anything which is done in good faith or intended to be done as per this Act.
12. Overriding effect of Act
The provisions of this Act or any rule, order or notification made thereunder shall have overriding effect, notwithstanding anything contained in any other law for the time being in force.
13. Power to make rules
Power to make rules.
- (1) The Government may, by notification in the Gazette, make rules to carry out the purposes of this Act.
- (2) Every rule made under this Act shall be laid on the table of the Vidhan Sabha.
14. Power to remove difficulties
Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the Government may make an order not inconsistent with the provisions of this Act which for the purpose of removing such difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
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