Primary law, Tamil Nadu land law
The Lady Hardinge Medical College and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977
Parliament enacted the Lady Hardinge Medical College and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977, Act No. 34 of 1977, on 3 December 1977, and it came into force on 1 February 1978. It transferred the Lady Hardinge Medical College and Hospital and its property to the Central Government, placed the institution and Kalavati Saran Hospital under Central Government administration, and addressed employees, contracts and related liabilities.
What the Act governs
The Lady Hardinge Medical College and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977 applies to named medical institutions in New Delhi. Its stated purpose is to improve higher medical education facilities for women and medical facilities for women and children in the Union territory of Delhi.
The law covers the Lady Hardinge Medical College for Women, the Lady Hardinge Hospital for Women and Children, and their attached facilities. It also covers the management of Kalavati Saran Children’s Hospital, including its attached dispensaries, laboratories and libraries.
Transfer of land and other property
The Lady Hardinge Medical College and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977 transferred the following to the Central Government on its commencement:
- All land on which the college and hospital stood, adjoining land, buildings, structures and fixtures.
- Furniture, equipment, stores, apparatus, drugs, money and other assets.
- Movable and immovable property, leases, investments, funds, rights and privileges connected with the institutions.
- Existing borrowings, liabilities and obligations relating to the institutions.
Documents concerning gifts, endowments, bequests, trusts and transferred property were to be read as being in favour of the Central Government. Subject to the Act, transferred property was freed from trusts, mortgages, charges, liens and other encumbrances. Attachments, injunctions and court or tribunal orders restricting its use were treated as withdrawn.
Administration and payment
The Lady Hardinge Medical College and Hospital became a Central Government institution. The Central Government was required to pay the Treasurer one lakh rupees in cash for the transfer, within three months from commencement. A delay attracted interest at four per cent per year after that period until payment.
Kalavati Saran Hospital also became a Central Government managed institution, and its Board of Management was dissolved.
Who may be affected
The Lady Hardinge Medical College and Hospital (Acquisition) and Miscellaneous Provisions Act, 1977 directly affects persons with property rights, leases, liabilities, contracts or legal proceedings connected with the named institutions. Existing proceedings relating to Lady Hardinge Medical College and Hospital could continue by or against the Central Government.
Employees of both institutions generally became Central Government employees on the same tenure, remuneration, terms and benefits, unless they gave written notice within thirty days that they did not wish to transfer. Existing instruments involving the former boards continued to operate in favour of or against the Central Government.
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Common questions
Does this law affect ordinary landowners or property buyers in Tamil Nadu?
The law concerns specific medical institutions and their property in New Delhi. The source does not create a general rule for land transactions in Tamil Nadu.
What happened to the land owned or controlled for Lady Hardinge Medical College and Hospital?
The land, adjoining land, buildings, fixtures, leases and other connected property transferred absolutely to the Central Government when the law commenced.
Did existing mortgages and court restrictions remain on the transferred property?
Subject to the Act, the transferred property was freed from mortgages, charges, liens and other encumbrances. Attachments, injunctions and court or tribunal orders restricting use were treated as withdrawn.
What happened to employees of the two hospitals?
They generally became Central Government employees with the same tenure, remuneration, terms and benefits. An employee could opt out by giving written notice to the Central Government within thirty days after commencement.
