DNDHMCH Act 4

Section 4 · Acquisition of the institution

(1)

The State Government may, if it so thinks fit, at any time within the period of [fifteen years] [Words 'six years' first substituted for the words 'five years' by W.B. Act 5 of 1988, then again the words 'eight years' substituted for the words 'six years' by W.B. Act 10 of 1989, thereafter the words 'ten years' substituted for the words 'eight years' by W.B. Act 15 of 1991 and finally, the words 'fifteen years' substituted for the words 'ten years' by W.B. Act 33 of 1994.] referred to in sub-section (2) of section 3, acquire the institution by notification.

(2)

On and from the date of the notification referred to in sub-section (1) (hereinafter referred to as the date of vesting),-

(i)

the institution shall stand transferred to, and vest absolutely in, the State Government, free from all encumbrances;

(ii)

the institution shall be run by the State Government as a State institution;

(iii)

any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the management of any property or other affairs of the institution, and in force immediately before the date of vesting shall be deemed to have terminated on and from the date of vesting;

(iv)

every person (not being a part-time or over-aged employee) who has been an employee of the institution before the date of vesting shall, on and from the date of vesting, become an employee of the State Government and shall hold office on the same terms and conditions as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated or until the terms and conditions of his service are duly altered by the State Government by rules made in this behalf :

Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this clause shall stand terminated with effect from the date of vesting or from any other date to be notified by him;

(v)

notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage, to the contrary, the transfer of the service of any employee of the institution to the service of the State Government shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any court, tribunal or authority.

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