Penalty etc.in relation to unauthorized medical colleges opened before November 24, 1972

§3

Summary

(1) Where any person has opened or organized or permitted to be opened or organized any institution professing to undertake, conduct, provide or offer instruction in Western Medical Science and admitted students on payment of subscription, donation or fee (by whatever name called) to any course of instruction or arrangements for lectures or tutorials or for experiments with a view to imparting instruction in Western Medical Science before November 24, 1972, and the maintenance or management of such institutions or the making of such arrangements after the said date has become punishable under section 2, then -- (a) any subscription, donation or fee so received, or the unspent amount thereof as well as any property or assets including any building, laboratory or equipment acquired by such person out of the moneys received as subscription, donation or fee shall within fifteen days from the commencement of this Act be delivered to the Director of Medical and Health Services, Uttar Pradesh (herein after in this section referred to as the Director), who shall hold it in trust for being distributed or utilized as hereinafter provided; (b) arrangements shall be made for coaching students admitted as aforesaid for preparing them to appear at a special test for admission to the recognised medical colleges of the State, and the expenditure incurred on such coaching and holding the test shall be deducted from the moneys referred to in clause (a), and any student may on or before March 31, 1982 apply to the Director for refund of the balance of the sum paid by him, and the Director may refund such proportion thereof as may be available pro rata for him out of the unspent amount; (c) The Director shall dispose of the property and assets (other than cash) and convert the same into cash for being distributed pro-rata among the said students after discharging the outstanding liabilities, if any, of the person, incurred in connection with the opening, organizing or running such institution before November 24, 1972 and defraying the expenses incurred in taking such steps. (d) if any sum of money and other property and assets remain at the disposal of the Director after he has taken action under the foregoing clauses, he may utilise it for purposes connected with the provision of instruction in the Western Medical Science; (e) the Director may require any such person to produce before him any book of account, register or other document relating to such institution or arrangements or to such subscription, donation or fee as are referred ,to in clause (a) ; (f) the Director or any person authorised by him in that behalf may enter and search any building or other place where the Director or such person has reason to believe that such books, registers and other documents are kept and the provisions of sections 102, 103 and 165 of the Code of Criminal Procedure, 1898 shall Mutatis Mutandis apply in relation to any entry or search under this section as they apply in relation to any entry or search under the said Code; (g) the Director may issue a notice to any bank or other person with whom any money as aforesaid has been deposited by a person referred to in clause (a) calling upon him to desist from paying the amount to such person, and instead to pay it in the Court of Civil Judge having jurisdiction, and if the person to whom notice is issued does not comply with such notice, then the said court may, on an application by the Director in that behalf, order him to comply with the terms of the said notice, and on such order, the Court may issue execution as though such order were a decree against that person and the provisions of rules133 to 140 of Order 21 in the First Schedule to the Code of Civil Procedure, 1908, shall apply in relation to such notice or order and the Director shall be deemed to be decree holder. (2)Any person who-- (a) fails to pay or deliver any sum or other property or asset referred to in clause (a) of sub-section (1) within the time specified therein to the Director; or (b) fails to produce before the Director any book of account register or other document as required under clause (e) of sub-section (1) ; or (c) obstructs or prevents the Director or any person authorised by him from performing any of the functions specified in clause (f) of sub-section (1); Shall be punishable with rigorous imprisonment for a period of three years or with fine which may extend to two thousand rupees or with both.

(1) Where any person has opened or organized or permitted to be opened or organized any institution professing to undertake, conduct, provide or offer instruction in Western Medical Science and admitted students on payment of subscription, donation or fee (by whatever name called) to any course of instruction or arrangements for lectures or tutorials or for experiments with a view to imparting instruction in Western Medical Science before November 24, 1972, and the maintenance or management of such institutions or the making of such arrangements after the said date has become punishable under section 2, then -- (a) any subscription, donation or fee so received, or the unspent amount thereof as well as any property or assets including any building, laboratory or equipment acquired by such person out of the moneys received as subscription, donation or fee shall within fifteen days from the commencement of this Act be delivered to the Director of Medical and Health Services, Uttar Pradesh (herein after in this section referred to as the Director), who shall hold it in trust for being distributed or utilized as hereinafter provided; (b) arrangements shall be made for coaching students admitted as aforesaid for preparing them to appear at a special test for admission to the recognised medical colleges of the State, and the expenditure incurred on such coaching and holding the test shall be deducted from the moneys referred to in clause (a), and any student may on or before March 31, 1982 apply to the Director for refund of the balance of the sum paid by him, and the Director may refund such proportion thereof as may be available pro rata for him out of the unspent amount; (c) The Director shall dispose of the property and assets (other than cash) and convert the same into cash for being distributed pro-rata among the said students after discharging the outstanding liabilities, if any, of the person, incurred in connection with the opening, organizing or running such institution before November 24, 1972 and defraying the expenses incurred in taking such steps. (d) if any sum of money and other property and assets remain at the disposal of the Director after he has taken action under the foregoing clauses, he may utilise it for purposes connected with the provision of instruction in the Western Medical Science; (e) the Director may require any such person to produce before him any book of account, register or other document relating to such institution or arrangements or to such subscription, donation or fee as are referred ,to in clause (a) ; (f) the Director or any person authorised by him in that behalf may enter and search any building or other place where the Director or such person has reason to believe that such books, registers and other documents are kept and the provisions of sections 102, 103 and 165 of the Code of Criminal Procedure, 1898 shall Mutatis Mutandis apply in relation to any entry or search under this section as they apply in relation to any entry or search under the said Code; (g) the Director may issue a notice to any bank or other person with whom any money as aforesaid has been deposited by a person referred to in clause (a) calling upon him to desist from paying the amount to such person, and instead to pay it in the Court of Civil Judge having jurisdiction, and if the person to whom notice is issued does not comply with such notice, then the said court may, on an application by the Director in that behalf, order him to comply with the terms of the said notice, and on such order, the Court may issue execution as though such order were a decree against that person and the provisions of rules133 to 140 of Order 21 in the First Schedule to the Code of Civil Procedure, 1908, shall apply in relation to such notice or order and the Director shall be deemed to be decree holder. (2)Any person who-- (a) fails to pay or deliver any sum or other property or asset referred to in clause (a) of sub-section (1) within the time specified therein to the Director; or (b) fails to produce before the Director any book of account register or other document as required under clause (e) of sub-section (1) ; or (c) obstructs or prevents the Director or any person authorised by him from performing any of the functions specified in clause (f) of sub-section (1); Shall be punishable with rigorous imprisonment for a period of three years or with fine which may extend to two thousand rupees or with both.

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