THE UNITED PROVINCES PROVINCIALIZATION OF HOSPITALS ACT, 1947

1- (1) This Act may be called the United Provinces Provincialization of Hospitals Act, 1947. (2) It extends to the whole of [Uttar Pradesh.]5 (3) This Act shall come into force at once.

2- In this Act, unless there is anything repugnant in the subject or context --- (a) "hospital" includes a veterinary hospital, sanitorium and all lands, buildings, fixture" dispensaries, medicines, stores, equipment, furniture and other articles appurtenant to the hospital or the sanitorium; (b) "local authority" means a municipal board, district board notified area committee or town area committee but does not include a cantonment authority in any cantonment area ; (c) "prescribed" means prescribed by [State Government]1 under this Act.

3- (1) The [State Government]1 may by [notification]2 in the official Gazette, direct that, with effect from such date as may be specified therein and on such conditions and exceptions as may be prescribed, any hospital which is vested in, or is under the control or administration of any local authority or any Trust or any other authority managing a hospital, shall, notwithstanding the provisions of clause (a) of section 116 of the United Provinces Municipalities Act, 1916 or of section 146 of the United Provinces District Boards Act, 1922 or anything contained in any other law for the time being in force, [be vested in the State Government]3: Provided that before issuing such notification the [State Government]1 shall give such notice as it considers reasonable of its intention to issue such notification and shall consider any objection or suggestion that may be put forward by the local authority concerned or any person. (2) Subject as aforesaid, all rights and liabilities of the local authority or Trust or any other authority referred to in sub-section (1) in or appertaining to or arising out of property covered by the notification issued under that sub-section shall, with effect from the date mentioned in the notification, passed and be transferred to [the [State Government]4 for the purposes of the [State]5 and the [State Government]1 shall from such date be in charge of the administration, control, maintenance and management of the said property.

4- (1) All endowments or funds, which appertained to or were appropriated for the purposes of any hospital immediately before it was vested in [the State Government under section]6 shall be vested in [the State Government]7 and continue to be applied by the [State Government]1 to the same purposes as those to which they were lawfully applicable immediately before the date when the endowment or fund concerned was so vested. (2) If any local authority, not being the authority under which the control of the hospital which is taken over by the [State Government]1 is vested, is required by any law for the time being in force or by any agreement mutually agreed upon to make any contribution towards the maintenance of the hospital, then the [State Government]1 may, require the local authority concerned to make a contribution, either of the entire sum or of any lesser sum as the [State Government]1 may decide to the [State]8 Revenues towards the expenses of the Hospital.

5- Subject to the prescribed conditions and rates the [State Government]1 may levy fees or other charges in respect of any hospital vested in the [State Government]2 under section 3 of the same nature as the local authority or other body concerned, could but for the issue of a notification under the said section, have levied.

6- Nothing in this Act shall be deemed to authorize the acquisition of any private right interest in any hospital, or in any portion thereof, without the payment of compensation in the manner and in accordance with the principles hereinafter set out, that is to say- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached it shall be determined in the prescribed manner by an arbitrator of prescribed qualification appointed by the [State Government]1; (c) the arbitrator in assessing the compensation take into considerations (i) in case of immovable property, the original cost of construction and the cost of any subsequent addition or alteration and in case of movable property, the original cost of purchase, and (ii) depreciation on account of wear and tear : Provided that the arbitrator shall not take into consideration any appreciation in the value of materials, buildings or land on account of wartime conditions ; (d) the provisions of the Indian Arbitration Act, 1940 shall apply to the arbitration proceedings as far as the same can be made applicable.

7- (1) The [State Government]1 may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for -- (a) the conditions and exceptions referred to in sub-section (1) of section 3; (b) the administration, control, maintenance and management of the property referred to in sub-section (2) of section 3; (c) the conditions and rates referred to in section 5; and (d) the matter which may be prescribed under clause (b) of section 6.

8- The United Provinces Provincilization of Hospitals Act, 1945 is hereby repealed and anything done under the provisions of the said Act shall be deemed to have been done under the corresponding provisions of this Act.