 cor]i gerlda to the lady liarj)inge medical college and hospital (acquisition) and miscellaneous provisi~ns bill, 1977l-to be/as introduced in 10k sabha 7 1 page 4, line 41,-for "privilges" ua4 "privileges" 2 page 5, line 47,-for "reasons" mad "reason" 3 page 7, line 35,-for "or" ~ "of" 4 p~ge 10, line 1,-t2!: "neart" nla!1 "heart" sravana 6, 1 99 (saka) bill no 89 of 1977 , the lady hardinge medical college and hospital (acquisition) and ·miscellaneous provisions bill, 1977  a billto provide for the acquisition of the lady hardinge m~dicai college and hospital and for the 1mrl4gemcmt of the kalavati satan hospitgl, with <1 view to ensuring better facilities for higher medical educa'tion fm women and medical facilities for women cmd chlidten tn the union· territory of delhi and for matters connected therewith or iftocidental thereto be it enacted by parliament in the twenty-eighth year of the republic of india as follows:- chapter i preliminary5 1, (1) this act maybe called the lady hardinge medinl college and hospital (acquisition) and miseellaneous provisions act, 1977 (2) it shall come into force on such date as the central governmf!nt may, :by notifieation in the official gazette, appoint short title and com-ii1'encement 2 in this act, unless the eentext otherwise requires,-de1lnitionl 10 (0) "appointed day" means the date on which this act comes into force; (b) "board of administration" means the board of administration constituted by the central government under the scheme; (c) "board of management" means the board of management of the kalavati saran hoapital, constituted by the central governml"nti (d) "fund" means the lady hardinge hospital for women and children, delhi, fund, established by the scheme; (e) "kalavati saran hospital" means the institution known as s the kalavati saran children's hospital, new delhi, 'together with the dispensaries attached thereto and used in connection therewith, and includes all laboratories and libraries used in connection with or as accessories to, or adjuncts of, the said hospital; (f) "lady hardinge medical college and hospital" means the 10 institutions known as the lady hardinge medical college for women new delhi, and the lady hardinge hospital for women and children, new delhi, together with the dispensaries attached thereto and used in connection therewith and includes all lecture-rooms, museums, labroratories, libraries, hostels and boarding-houses used in connection is with, or as accessories to, or adjuncts of, the said college or hospital; (g) "scheme" means the scheme for the administration of the fund settled by the central government under sub-section (1) of section 5 of the charitable endowments act, 1890, and published with 6 of 1890 the notification of the government of india, jn the late ministry of 20 health, no f4-3 (1) /53-mi, dated the 12th june, 1953, as amended ,by the notifications of the government of india, in the late ministry of health, no f 4-77/56-m 11 dated the 14th march, 1957 and no f4-77/56-mii, dated the 17th march, 1957; (h) "treasurer" means the treasurer of charitable endowments 2s of india, appointed under the charitable endowments act, 1890 6 of 1890  chapter ii acquismon of lady h!\iu)inge medical college and hospital3 (1) on the appointed day, the lady hardinge medical college and hospitt together with-30 (4) 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 col- 35 lege and hospital; lady hardinge medical college and hospital to vest in central government (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 or the board of administration or in any other person; and all rights, powers, authorities and pri- 40 vlleges 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 45 the affairs of the lady hardinge medical college and hospital; and (d) all borrowings marte by, or on behalf of, and all other liabilities and obligations qt whawver kind, incuned 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 s (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 subsection (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, 10 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 is restricting the use of such property in any manner shall be deemed to have been withdrawn (4) subject to the other provisions :ontained in this act, any proceeding or cause of action, pending or existing immediately before the appointed day, by or against the treasurer or the doard of administration or any 20 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 ~acted, and shall cease to be enforceable 25 by or against the treasurer or the board of administration or· such other person payment of amount 4 (1) the central government shall rive, in cas~ to the treasurer an amount equivalent to the sum of rupees one lakb for the transfer to, and vesting in, the central government, under section 3, of the lady 30 bardinge 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 35 specified' period, shall carry interest at the rate of four per cent per annum from the date of expiry of the specifted period until the p~yment thereof 5 on and from the appointed day, the lady ·hardinge medkalcoliege and hospital shall be administered by the central government as a 40 government institution, and, in administerjng the properties trans{~rred to and vested' in it under section 3, regard shall be had to the purposes specified in the scheme lady hardinge medica! college and hospjtal to be adjniniatered  govern_ ment lnatitutjon applicability of act 2 of 1882 to board of administration 6 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 dcllle or omitted 'to be done by it or him during any period preceding the, ap 5 pointed day 7 (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 amount to be held for purposes of scheme (2) the amount paid to the treasurer under section 4 shah be 10 adnlinistered by the board of administration in the same manner in which the fund was administered by it, as if such amount were the li'und  chapter iii management op the kalava'1! saran hospital8 (1) notwithstanding anything contained in any contract or instrument to the contrary, on and· from the appointed day, the kalavati saran hospital shall be managed ·by the central government as a government institution kalavati saran hospital to be managed as government institution (2) in managing the kalavati saran hospital as a government 20 institution, regard shall be had to the purposes far which that hospital wal set up in pursuance of the indenture, dated the 8th day of june, 1954, executed by shri ashok saran, and the indenture, dated the 8th day of june, 1954, executed by shri raghbir saran, in favour of the president of india 2s (3) on and from the appointed day, the board of management shall stand dil!l8olved  chapter iv miscellaneous9 the provisions of this act shall have effect notwithstanding anything 30 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 act to override all other enactments provisions relating to officers ahd other employee, of lady hardin", medical conep and hospital and kalavatl saran hoipitil 10 (1) every o8leer or other employee, who, immediately before the appointed day, is employed in, or in eonnedion with the! atlairs of, the 35 lady hardinge medical college and hotpital, or,  the ease may be, the kalavati saran hospital, shall become, as from the appointed· da,, an oftleer or other employee, i as the case mil)' be, of the central governmeat, add thall how hib omc:e by the same' tenure, at ,the same remwaerado alltl upon the same terms and eonditions ~and with the 40 sama riaht auul privitlesa to pension, patuity and other matters as he would have held, if this act had not been enacted, add shall continue to do so unless and until his employment under the central government is duly tenninated or until his remuneration, terms and eonditions are duly altered by the central government 4s provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the central government on payment to him of an amount equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees: provided further that nothing contained in this sub-section shall apply s to any officer or other employee who has, by notice in writing given to the central government within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the central government (2) notwithstanding anything contained in the industrial disputes 14 of 1947 10 act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in, or in connection with the affairs of, the lady hardinge medical college and hospital or the kalavati saran hospital to the central government shall not entitle any such officer or other employee to any compensation under is that act, or any other law, and no such claim shall be entertained by any court, tribunal or other authority (3) for the persons who, immediately before the appointed day, were the trustees for any pension, provident or gratuity fund or any other like fund constituted for the officers or other employees of the lady 20 hardinge medical college and hospital and the kalavati saran hospital, there shall be substituted as trustees such persons as the central govemme'nt may, by general or special order, specify effect ot contracts, etc 11 (1) all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature, 2s subsisting or having effect immediately before the appointed day, and to which the board of administration or, as the case may be, the board of management, or any person on behalf of the board of administration or, as the case may be, the board of management, is a party, or which are in favour of the board of administration or, as the case may be, 30 board of management, shall, in so far as they relate to any purpose, or affairs, of the lady hardinge medical college and hospital; or, as th~ case may be, the kalavati saran hospital, be of as full force and effect against, or in favour of, the central government, and may· be enforced or acted upon as fully and effectually as if in plac'e of the board of 3s administration or, as the case may be, the board of management, the central government had been a party thereto or as if they had been iasued in favour of the central government (2) if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the lady hardinge medical college and 40 hospital, or, as the case may be, the kalavati saran hospital, or any affair of the lady hardinge medical college and hospital or the kalavatj saran hospital, is pending by, or against, the board of administration or, as the case may be, the board of management or the treasurer or any other person, the same shall not abate, be discontinued or be, in' 45 any way, prejudicially affected by reason of the transfer of the lady herdinge medical college and hospital to the central government or by reasons of tbe· a&lumption of management· of the kalav:ati saran hospital by the central government, or pi anything contained in this act; but the suit, appeal or other proceedin may be continued, proaeeuted and so -enforced by or ataidfi tbe ~1iral geypidpedt 12 (l)notwithstanding anything contained in section 11, the central government may, if satisfied after such inquiry as it may think fit, that any contract or agreement entered into before the appointed day between the board of administration or board of management or any member thereof, in relation to the lady liardinge medical college and hospital, s or, as the case may be, the kalava~i saran hospital, or any aft'airs connected with the lady hardinge medical college and hospital or the kalavati saran hospital, has been entered into in bad faith, or is detrimental to the interests of the lady hardinge medical· college and hospital, or, as the case may be, the kalavati saran hospital, it may make an order 10 cancelling or" varying (either unconditionally or ~ubject to such conditions as it may think fit to impose for the purpose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly: contracts in bad faith or detrimental to the - interests of lady hardinge medical coll'ege and hospital and - kalavatl saran hospital to be cancelled or varied provided that no contract or agreement shall be cancelled or varied is except after giving to the parties to the contract or agreement a reason-  able opportunity of being heard (2) any person, aggrieved by an order made under sub-section (1), may make an application to the principal court of civil jurisdiction " within the local limits of whose jurisdiction the lady hardinge medical 20 college and hospital, or, as the case may be, the kalavati saran hospital, is situated, for the variation or reversal of such order and thereu~n such c(\urt may confirm, modify or reverse such order 13 (1) on the transfer to, and the vesting in, the central government of the lady hardinge medical college and hospital, and on the 2s assumption of the management of the kalavati saran hospital by the central government,-duty to deliver poslea8ion of property, etc (/i) the board of administration, or, as the case may be, the board of management, and every person in whose pos6elsion, custody or control any property or asset specified in sub-section (1) of sec- 30 tion 3, or any property or asset pertaining to the kalavati saran hospital may be, shall deliver the same to such officer or other person as may be authorised by the central government in this behalf; (b) the board of administration or, as the case may be, the 3s board of management, and every person who, immediately before inlch vesting or assumption, has in his possession, custody or control any books, documents or other papers relating to the lady hardinge medical college and hospital, or the kalavati saran hospital, shall be liable to account for the said books, documents and 40 papers to the central government and shall deliver them up to' the central government or to such ofbcer or other person as may be authorised by the central government in this behalf (2) without prejudice to the other provisions contained in this section, it shall be lawful for the central gowrnment to take all necessary 4s steps for taking possession of all properties and assets which have been transferred to, and vested in, it under this act, or in relation to which the management has been u8\ui1ed by it ~ this act , ii j penalty 14 any person who,-(a) having in his possession, custody or control any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital, wrongfully withholds such s property from the central government; or (b) wrongfully obtains possession of, or retains, any property held for the purposes of the lady hardinge medical college and hospital, or the kalavati saran hospital; or (c) wilfully withholds or fails to furnish to the centt'a1 gov-10 ernm~nt any books, documents or other papers relating to the lady hardinge medical college and hospital or the kalavati saran hospital; or (d) fails to deliver to the central government any assets, books or other documents in his possession, custody or control relating to 51 the lady hardinge medical college and hospital or the kalavati saran hos'pital; or (e) wrongfully removes or destroys any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital; or 20 (1) wrongfully uses any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital, ahall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to 'ten thousand rupees 6r with 25 both offencelt by companies 15 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsihle to, the company for the conduct of the business of the company, as well as the company, shall be deemed 30 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 had exercised all due dili-3s gence to prevent the commission or 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 prov~d that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, 40 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,-45 (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 16 no suit, prosecution or other legal proceeding shall lie against the central government or any of its oflieers or other employ~es for anything which is in good faith done or intended to be done under this act s protection of action taken in good faith cognizance of offences 17 notwithstanding anything contained in the code of criminal procedure, 1973, no court shall take c"ognizance of any oftenceunder this 2 of 1974 act except on a complaint, in writing, made ,by the central govemment or any officer authorised in this behalf by that government indemnity 1& every officer of the central government shall be indemnified by 10 the central government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this act except buch as have been caused by his own wilful act or default 19 (1) the central government may, by notitlcation in the official gazette, make rules to carry out the provisions of this act is power to make rule  (2) every rule'made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days' which may be comprised in one session or in two or more successive sessionsj and if, before the expiry of the sassion immediately following the session 20 or the successive sessions aforesaid, both houses agree in making any modifh!ation in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified fonn or be of no effect, as the case may bej so, however, that eny such modification or annulment shall be without prejudice to the validity of 2s anything previously dode under that rule  in 1912, lady hardinge collected funds for starting a ijtedical college for women, to be staffed en'drely by women, with a hospital for women and children attached to it, in commemoration of the visit to delhi, in 1911, of the queen of england the college star~ed functioning in 19116 and was managed by an ad' hoc committee the tnanagement of the college and hospital by the committee proved unsatidactory rnd, in hl27, the college and hospital were taken over by the association for the control and management of the lady hardinge med:cal college for woinen and hospital for women and children, delhi, a society, registered under the societies registration act, 186~, which set up a governing body to manage the college and hospital tn 1953, oil the application, and with the consent, of the association, the centra] government settled a scheme under section 5 of the charitable endowmeols act, 1890, to manage the affairs of the college and hospital under this scheme, the main purpose for which the association was established was retained intact, but the management of the college and hospital was vested in a board of administration and the association, became defunct almost the entire recurring and non-recurring expenditure in relation to the college and hospital are, from the outset, met by the central government through grants-in-aid, the funds orig)-nally collected having been spent on the construction of some buildings and the endowment of some scholarships 2 the kalavati saran children's hospital, new delhi, was estabhshed in 1956 by the central government in the campus of th~ lady hardinge medical college and hospital from the sale proceeds of the properties assigned to the central government by shri ashok saran i)nd shri raghbir saran by two indentures, executed by them separately on the 8th day of june, 1954 this hospital provides teaching facilitiell to the medical students of the lady hardinge medical college and deals with cases of all branches of paediatrics, including diagnosis and treatment in out-patient as well as in-patient departments the facilities provided in this hospital are complementary to the facilities provided in the lady hardinge medical college and hospital it is being managed by a board of management, constituted by the central government the entire recurring and non-recurring expenditure in relation to the kalavati saran children's hospital also is met by the central government 3 the inspectors, appointed by the medical council of india and the university of delhi, have, from time to time, pointed out the need to improve the standards of, and the facilities for, medical education provided by the lady hardinge medical college the present set up of these institutions with two separate boards for the administration of their affairs is alao proving cumbersome in their efficient day-today management in a co-ordinated manner these institutions are situated in the aeart o~ the capital and have the potential to set a very high standard in the spheres of medical education and patient care it would be in the interests of the medical students and the public to develop the lady hartlinge medical college and hospital and the kalavati saran childrcn'~: hospital complex into a centre of exce~lence for imparting medical education to ",",omen and for providing advanced health care for women and children it is therefore, necessary to provide for the administration of that college and hospital as well as the kalavati saran children's hospital as government college and hospltals and to acquire the assets of the lady hardinge medical college and hospital for the said purpose 4 the bill seeks to achieve the above objects n1:w delfl1; raj narain the 21st july 1977 under sub-clause (1) of clause 4 of the bill, the central governmant has to pay a sum of rs 1 lakh to the treasurer of charitable endowments for the 'transfer to and vesting in it, under clause 3 of the bill, of the lady hardinge medical college and hospital 2 even now, the lady hardinge medical college and hospital and the kalavati saran children's hospital are maintained mainly from grants made by the central government every year on "cover the deficit basis" the amount of such grant, during the financial year 1975-76 (or the purpose of· maet~ng the recurring expenses of the lady hardinge medical college and hospital, was rs 152·91 lakhs and of the kalavati saran children's hospital rs 3250 lakhs the amount of such granlc; for the financial year 1976-77 for the two institutions was as 16339 lakhs and rs 3311 lakhs the provision made for the current financial year for such grant is as 1't828 lakhs in the case o·f the lady hardinge medical college and hospital and rs 3750 lakhs in the case of the kalavati saran children's hospital besides this, the central government is incurring expenditure on the construction of buildings and the purchase of the equipments required for these institutions the central government would have continued to meet the expenses necessary for the maintenance of both these institutions from the consolidated fund of india hereafter also therefore, if the bill is enacted and brought into operation, there is not likely to be any additional expenditure from the consolidated fund of india on these accounts 3 however, some additional expenditure will have to be incurred {fllm the consolidated fund of india by way of pension, gra~ui'y and similar benefits to be extanded to the employees of these institutions when, by virtue of the provisions contained in clause 10 such employees become government servants it is not possible to estimate the actual expenditure that may have to be incurred on this account; but it is likely to be of the order of rs 83,000 in a year 4 the bill, if enacted and brought into operation, will not involva any other recurring or non-recurring expenditure from the consolidated fund of india there is no provision in the bill which contamplates the making of any rule by the central government on any specific matter however, !t il!l considered desirable to confer on the central government a general power to make rules to carry out the provisionl!l of the act, so that the cen~ral government may not be without power to make rules with regard to matters o~ detail in the· administration of the lady hardinge medical college and rospita} and the kalavati saran childrert's hospital as government institutions, in case it finds that such rules have to be made !nr the better administration of these institutions therefore, a general power has been conferred on the central government by clause 19(1j of the bill to make rules to carry out the provisions of -the act the neces-sary safeguard of placing the rules so made before the houses of parliament has also been provided for by sub-c1ause (2) of that clause 2 the delegation of legislative power is, therefore, of a normal character  a billto provide for the acquisition of the lady hardinge medic:al college and hospital add for the management of the kalavati saran hospital, with a view to edsurmg better facilities for higher m~ education for women and medical facilities for women and children in the union territory of delhi and for matters connected therewith or incidental thereto  