LexThe Tibbia College (Takeover) Act,1998
Delhi · state statute
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‘ sane OF RATIONAL CAPITAL TaRRETOR, oF DELHI,
p TERT OF LAW ,Juatice & Legislative Affairs), ‘
No.F. 13(6)/98-L AD/ ,
To
(Ga
a7
The Dy» Secretary ( GAD/Coord. ),
Govt.of NeC.Usor Delhi,
§-Stam Nath Marg, Dellu. =i.
Subst Gazotte Netifleation of ‘The Delhi Pbbla Coilege
(Tako Over) Act, 1990.
Sir,
Loam directed to forward herewith two coples of th
(Giglish and Hindl version) for notifs
t-LV) Extraordinary.tt is reque above Notifieatia
tbo this tion in Delhi Gizotte (Par
that at least 1o coples of the same may be sent
om as it is recaived fron wie presse
Departnent as s
Yours Faithfully,
(HaTsLeD' SOUZA J, |
Under Seoretary(-? Bicis.# fc Above.
Hoe. 1366) /28-LAD/ 209 6 Da bed? Boole. 1998
GCapy forw wded roe inf ormatLon and necessary ackic
the above notification bo Fm :
L{,.Governor.
ib.o0f NeGe Teal Dele
de Secretory be
2. Seorotary to ChLet Hinleter, Gov
oa Geeth., Ve lhl.
4 Seorols (WeAe), DolnL Lozglsiative Assembly, Cla 3o
ae SEES
Delhi. ,
dee Seorebary Medical), Govt. of NG. Leof Dell
Marg, Delt ~1 1008. “
By € Ve
ob ly hese S"
ee
(ReLb-D'SOUZA ),
Under Seeretary(h of
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TO BE PUBLISUEY tN PART Ly OF DEED GAyaEdE EX TRAORUINARY GOVERDAENLT Or NAT IOUAL CARPAL VERRETORY OF Dishire
Now. L3G) S987 hab Dated the 30. a4 OOK
The following ACh Mf the Legislative Assembly veceived the assent of the oe esident en 2b. POC and ia hereby published
fon goneral infecmation.
The Delhi ibbia cCottege Crake Uver) Aet, pug
(pelhe Act Male at Tua)
Fasy
oe
( Asi pas
ertoby thie he gimahat pve
embry of the Nat iemat Capiterd
Yorritory of bellbi ).
Act
Lo qrovide: for the takiug over, dao the pulbbie duterost,
Of the Ayurvedia and Uoani vibbia Cotleye, Delhi and lor
matkeers connected therewith of dimetidciubtal thereto.
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managed by a
ibbia Colleys
eee Che ‘Vibbia Colleye, Delhi is bela
MDa EO Liege Moard constitubed under the
1 22952 (belhi Ack No.5 of 1952)7
AND WUEREAS of Lake the said Loard int peen Eacing a
number Of problems; ‘
: AND WHERE AS the VTibbia Colleye Board | pagsed a
resolution that "Agu Libbia College and ite allied units
should be taken over by Lhe Goverment of Delhi; ‘ : ‘
AWD WUEREAS takiug over of Lhe bibbia Colleye
Lhe interest of promot
providing bet
ampr oved
ins allied WE vpecessary tn
Of Mediodne and Cor Of Indian Syst
educational facilities to. the students and
es }
\
{
service conditions of its amployecs;
BE ik enacted by Ula hegighatc jive Agsewbly vf che
National Capital Vervitory of belhi in t lie Forty-cighth
Year Of the Republic of India as follows: -
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(2)
rey
Ne
Poe A College, shall deliver
forthwith such property to the
Government er to; any ofLicexr or
ether employee of the itera ag
may be authorised by the Government
in thig behalL£. I
Any - person who has, on the
appointed day, in his posession or
undes hig control. aunuy bouke,
papers or obtber docunentks eB lindsay:
to tha College (ine Luding the
minubes books containing
recululions gm relation to the
College adopted] by persons in
charge of the management oF Ne
Road bakare Ghali apvednaked ay}
the current cheque books Poet Hg
to College, any letters, menocanda,
novles acd ot:her communications
between the College and the Board,
hall, notwithstanding anything
contained jo any other law for the
time being din Lorce, be Liable Lo
account Lor the, books, papers, and
other documents (ineduding such
minuwLec books, cheque books,
Yetberg, memoranda, Noles and other
communications) Lo the Governucnut
or to puch person (being an officer
ov other employee of the
Government) as may be authorised by
the Goverment Lav thig behalf. :
ivery pornon in charge of the
Managemen OF Lhe College,
immediately before , the appointed
day, ohabl, within ten days Crom
that day or, within uch further
the Government way allow,
fucnish to the Government a.
compleke inventory of all the
properties and assets (inelLuding
particulars of donations received,
book debts, Lovestuent and
belongings) | forming part OL, Or
relatable jj to, the College
imuediately| before the appointed
day and jall fia tie and
period as
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Management in
of Tibbia
College.
provisions q.
relating
to the
employees
of the
Colloye.
obi
rela
jatdons of {the Board ain
1 ston to the ¢ lege subnistaing
immediately befor ¢ bhatt day cad
algo of abl neyireement 8 entered dutta
by the Board ain iwelavion to the
College and ain Loxce, immed hately = -
beLlore the appointed day.
(4) Who Govenumeuek aa aang OF Pacew, ly
whatever dUdoeubigaation, whieh tha
Government may by) orden jar waits hoy
Bpecily, shall jbe entitled to
exercise the aes of general
superintkewndence, ¢ treebion, control
and manaqenent of the alkairs off.
the College, bhea vdgghu and dakerwotk
of the
have
geu
thangs
authors
2) Hokwiths
jay ul
for the lime being
Colleyo 2a volatian ba wider
vested in the Government under
“jon 3, and tro do all such
as such specified of Licer ie
sed to exercise and do.
gland Ling bnything contained
shoo a or any other law
in Foree, it
shall be lawful for the Government
bo reorganise
lege und thereby foum such unite Col
ag the
Where the
and reconsbruce the
Government may dean Ki.
sorvices of a person, who has
been dmmoediately belore the ap pointed
day cmploycd jou the College, ure, in the
opdinton of Lhe Governuenl necessary
havin Ege
Cobloge, ha
wot frige approdmbanrsih bay
eamployeo of
hold of tice
‘dbo Lie vacqulremoaabs of the
shatl bracame, from Che date |
Chie Gover amenab an
the Government and shall
or gervite in the Government
with the sane rights and privileges ag
to pensioi, gratuity and other malters
an would have been admissible Lo haw Lf
the rights
lad not bee
in the Gave
ne and
College is
dn relat ton to such- College
ro brans sEerred to and vested
rnment and continue to do so
‘unbil his employment in the
duly terminated or until his
remunexcation and torms and conditions of
employment are pale altered by the;
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Cexlkain u.
powers of
the Goverument.
Act to 9.
override
« all other
quactmemts .
6
Cogn bracts Ae
elic. to
ceage to
have ef£Lect
unless xatified
by the
Government.
1
Government ; i t
' x
Provided that vuel employees. shall
thengselves, gonutituta, a ate
58 and yroup/ of ompleyeacs oof the
overnment and phall nok be equated to
ov werged with the other employees of
the Govermment.
(Ll) the Government uhall be entitled to
receive up yo the specified uate,
to the exclusion of all other
persons any money due to the
Colleye, realised .after the |
appointed day, Notwithstanding that
the realisation perbadaer be oo
period privy to the appoluted day.
(2) Save as otherwise provided in this
Act, the liabilities in relation to
the College aim respect of any
poriowk prior to the aAppotntled day
shall be the liabilities of the
Government .
CHAPTER TIL!
MLS CELLANEOUS
Vhe proviedens (ol this Aek oor any
nol’ Livation, porary ov rule
Lheveunder, ghall hhave
notwiLosthand dag Anything ineons
therewith conkadned dn any Taw (olhen
Chao this Ach) ov lin any dngtrument
heying ef feck by virtue of apy 1 other
Lhan thie Act or in any decree or order
of any court, tribunal or authority.
(1) Every conukract |. (including any
contract of employment or other
arrangement) entered into by the
Board in relation to .the College,
the management of which has vested
im the Government under section 3,
aud in £orce immediately before the
appointed day, shall, on and from
the date of the expiry of ninety
days Crom the appointed Gay, coase
}
}
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' vt, ui le fy
we
K {
at
i
eee
to have e€ect unless such contrace
es other arranyement hag been,
of that period,
bekore the oxpiry
cada 6.4-ed, iu wroiting, ly the
Government; and in ratifying such
conteack or obber arvancdanont, the
puch make my?
modi lf icatLlons
Government
albesxations i ox
therein as it may thank i
the Goverment
wauiry any
and = —--
Provided lenat
shadd nok omit Lo
contract ox other arrangement
shall moet make any alterakion oF,
modification therein-
(a) unless it ib aqatdeardend lat auch
conkrack OL other arrangement As
unduly oneroug oF has been entered
juto ju bad Faith or is Jetrimental °
to the interésts of the College;
ariel
(b) except after giving the party or
parties to the contract as the case _
be, or obher arrangement a
reasonable opportunity ok being
heard and except after recording,
in writiug, Lbs reasons for rekusal
to ratify the contrack or oblhber
aArranqomenh ov For waking any
ale tion of modification therein.
may
a
(2) Holwithetandioag anylidug contelued
Law for the time being in
forea, WoO perspon dm pespecr of whom
any contract OF other arrangement
is terminated, altered or modified
sub-section GA} « or whe
to exercise any powers or
reason of
any
iat finy
under
ceases
hold any /office by
exercising any powers or hold
office by reason of any provision
contained in section 4, shall be.
entitled to claim any compensation
for the premature termination of
the contrack or other arrangement
or for any alteration or
mouification therein or for the
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peunk Liar.
wt
OfF£ences
by companies
eles
2.
OL TInigs Power oi orrs CNS
My pot son whia
(a1)
(1p)
(cc)
sdaavdd
for
yRaares
Carlee: au cpa
Neaviugy j fies i a ie ae PERCE EOR GQ eustady
Kean ape aan, FONE Y OL ray Proparty vitchu fat | ‘ a ofr the Colloaar,
a al, | y wibllholds Such) pwroperby Vrom the Government, on ANY Person Mthoriged by the Goverment, ae Che cig mary fe, ia this Donall£, or
weongtubly obtedias possession OL,
OY relaives, any property forming
bart of the College or LAL Eu Ly.
withholds or fails to furnish to
the Government , Oe any pexuen
npeciLind by Lhe Government, as the
Gage may be, any document. codat iiag
Lo ble Cod hee, owhobed ouniy de da divs
possession, cushody or conleok or
Fadds to dativer to tire Government
oro amy person speci ited by the
Goverment, any assets, louhke ol
ACCOUNLS, registers or other
documents in bis custody relating
to the College, oan
wrongbabily vesmoves on dest boys any
propertly Porniag park fool the
College on peefers any claim under
this Ae which he huows ov has
renanonabile ome to boefieve to be
ly ineecerat.o,
be puadebabiloe with impr isomnent
a term which may extend bo two
;, ox with fine which may extend to
ten thousand rupees, ox with both.
(1) Where an offence under this Act has
boen committed by a company, every
pexssou who, at the time the of fecne
wag committed, was iu charge of,
and was responsible to the company
for the conduth of the business of
Lhe company ag well ag the compauy ,
phaki be deemed bo bea qubbey of Uhe
otfenua and ghattobe Jiable to be
| LO
| ee
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Explanation -
protection
of ackion
taken in
good f£aith.
dedi
roceods : ae G e Hoeumal nue eee i and bitabed 3 >
Provided Glhak nothing
contained in this sub-section ghall
Gonder any such. person diable to:
any punishment, if dhe proves: that
the offence was committed without
his knowledye or | that he had
exercised all due) diligence to
prevent the commission of such
of Fence. |
(2) Notwithstanding anything contained
in suly-gection CAD, where aarig?
offence undex thio Act has bean
committed by & company and it is
proved that the offence has been
committed with the congent OF
connivance of, or is attributable
to any neglect on the park of any ~~
director, wanagex,’ sedretary or
other officer of the company, such
director, manager, | secretary or
other officer of the company,
shall be deemed to be guilty of.
that offence and shall be Liable to
be proceeded ayainst and punished
accordingly.
For the purpose of this seetkion,
(ar) Toompany" mein any body corporate
arial pre burke a fCirw On viiher
angociatbion of dnchiividuads ; aid
(bo) “director, ain relation to a Livia,
ineangs a partners in’the fixm.
No suit, prosecution or other legal
proceedings shall lie against the
Government or any officer or other
employee of the Government or any person
authorised under this Act for any damage
caused or Likely tol be caused .-by
anything which is in good Eaith done or
intended to be done under this Act.
Ld
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eee powe la,
ote malice
eULeEY.
(1),
(2)
(a)
(b)
{u)
(ct)
(e)
(3)
1 t
Goverium i t 2OVeK Qu mary
rte make cute paca . ’ ler LOAF ee ents Roe. out the provigioun of
In arti particular es ?) : AL, aud wit B
Vache to the generality oe the
omega _ bower, buch rules way
v a e for all or. any of the
Eullowing matters, namely: - re
the wanner in which the day to day
administration of the Colleye shall
be runt; . ' \ | &
system for release of Cinancial
assiskance; \
tbe procedure Lor the depignated
officer to exercise | powers OL
qene Voomaperdat qndenue, direckion,
conkvol, and management at che
atfairg of the College
the manner in which phe existing
employees Of the Coll shall be
absorbed in othe service oF the 7
Govermneanh 7 anid
any other mabber which is required
to be or may be prescribed.
Rvery rule made by the Government
under this Ack shall be’ laid as
may be after, it is made,
before the Hoare of Lhe Legislative
Agsembly of belli while it is in
session Lor a total period of
may be comprised thirty days which
riou or - dn two or more
BOOM AG
in one seg.
successive sessions, and Lf, before
the expiry of the session
immediately following the session”
or the successive sessions
aforesaid, the House agrees in
making any modification in the rule
or agree that the cule should not
be wade, the rule shall thereafter
have effect only iu euch modified
12
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g
Power to LS
remove
JLEL culties.
Repowdh ool Phe.
LADD: iho
College
Aeb, L952.
9
Form or be cE wre or 2 Of no -effect : et j Lea as ot case may be; bo, howedar.’ bhi 3 ee such wmodilicatioa be’ dauimeet hey Picatiou Or annulment had q ; ba without prejudice to the validity 9 of anyliiing previously
done under that rule. /
(4) LC any difficulty arises in giving
ck oko the 6 provisious of this
i the Government may, by
er, Jo anything not iuconsistent
with uch provisions which
appears to Le to ba newquga Ky ON
expedient for the purpose ms,
removing the difficulty:
Provided that ono such ,ocder
ghall be made after the expizxation
of a period of two years Eram the
commencement of this Act.
(2) very order made under this
section ghall, au goon as may be,
after it is issued, be laid before
Lhe Eegislative Assembly of Delhi.
he Tibbia Colleqa Abi, 1952 (Delhi act
foo of 1953) 96 hereby repeaload with
effet Crom the day of the coming inte
forve of this AcL:
Provided that anything done or any
ackion taken under the Act so repealed
which could have been done under this
‘Aet LE it had then been in Force shall
be deemed to have been done or taken
under the corresponding provisions of
this Act: |
t
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. {
aorther that wubb yeck wa,
Of A Le Ag Lhe vepead of 77
Lhe prainchpak Act ghalhd not aander
invalid any order, notic nolilleabion,
recovery or other thing issued Or
effected thereunder, before the day of
coming into force of thig Ack, mor shall
Be oafFect the enforéement of any
befLure the Liabibity incurred Choereunder
commencement of this Accu.
Provided
Lhe provigione
ae | NF eg
ne ‘
1 Pees arses oe
Cae! shy oD! SOUZA Jy
Under Secrotary(hbeAe),
G ovb. of NeC.Teof Delhie
i
| | ee
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Sa,