DNDHMCH Act 6

Section 6 · Effect of taking over of management

(1)

The institution shall, so long as it remains under the management of the State Government, be run for the purposes for which it was being run immediately before the appointed day.

(2)

The State Government may, at any time before the expiry of the period referred to in sub-section (2) of section 3, by notification make over the management of the institution to the person or persons under whose management the institution was immediately before the appointed day, with effect from such date as may be specified in the notification.

(3)

If the management of the institution has not been made over under sub-section (2) of this section, the management of the institution shall, on the expiry of the period referred to in sub-section (2) of section 3, revert to the person or persons under whose management the institution was immediately before the appointed day.

(4)

The Administrator appointed under section 7 shall cease to function with effect from the date on which the management of the institution is made over under sub-section (2), or is reverted under sub-section (3), of this section, as the case may be.

(4A)

[ Notwithstanding anything contained in the foregoing provisions of this section, the period referred to in sub-section (2) of section 3 (hereinafter referred to as the said period) shall be held to include any period which may elapse between the expiry of the said period and the date of publication in the Official Gazette of any law extending the said period or any further period.] [Sub-sections (4A) and (4B) inserted by W.B. Act 26 of 1992.]

(4B)

[ The provisions of sub-section (4A) shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or oilier authority or in any instrument having effect by virtue of any law other than this Act.] [Sub-sections (4A) and (4B) inserted by W.B. Act 26 of 1992.]

(5)

The institution shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable or immovable including lands, buildings, equipments, lecture rooms, libraries, stores, drugs, cash balances, reserve fund, investments and all other rights and interests in or arising out of such property as were immediately before the appointed day in the ownership, possession, power or control of the institution and all books of accounts, registers and all other documents of whatever nature.

(6)

(a)

All persons constituting the Governing Body of the institution and all other persons exercising any power of management in relation to the institution immediately before the appointed day shall be deemed to have vacated their offices and shall cease to exercise such power.

(b)

All persons who have in their possession, custody or control any asset or assets of the institution shall forthwith deliver possession of such asset or assets to the Administrator appointed under section 7 or to such other person as may be authorised by the Administrator in this behalf.

(7)

Every person in charge of the management of the institution immediately before the appointed day shall, within ten days from that day or within such further time as the State Government may allow in this behalf, furnish to the Administrator a complete inventory of all properties and assets forming part of the institution immediately before the appointed day and of all institution immediately before the appointed day and of all liabilities and obligations of the institution subsisting immediately before the appointed day.

(8)

The State Government may take, or cause to be taken all necessary steps for obtaining the possession of the institution.

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