e wih Lb ' 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/Coo rd. ),
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 nec
essary ackic
the above notificat
ion bo Fm
:
L{,.Governor. ib.o0f NeGe Teal Dele
de Secretory be
2. Seorotary to ChLet Hi nleter, 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 Scanned with CamScanner
1
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.
Scanned with CamScanner
2
managed by a ibbia Colleys eee Che 'Vibbia Colleye, Delhi is be la
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 h
egighatc jive Agsewbly vf
che
National Capital Vervitory of belhi in t lie Forty -cighth
Year Of the Republic of India as fol
lows: -
Scanned with CamScanner
3
(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 Poe t Hg
to College, any letters,
menocanda,
novles acd ot:her c
ommunications
between the College and th
e Board,
hall, notwithstanding a
nything
contained jo any other law
for the
time being din Lorce, be
Liable Lo
account Lor the, books, pape rs, and
other documents (inedudin
g 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 auth
orised by
the Goverment Lav thig
behalf. :
ivery pornon in charge o
f the
Managemen OF Lhe C
ollege,
immediately before , the a
ppointed
day, ohabl, within ten days Crom
that day or, within
uch further
the Government way allo
w,
fucnish to the Gov
ernment a.
compleke inventory of
all the
properties and assets (ine
lLuding
particulars of donations
received,
book debts, Loves
tuent and
belongings) | forming pa
rt OL, Or
relatable jj to,
the College
imuediately| before th
e appointed
day and jall fia
tie and
period as
Scanned with CamScanner
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 wa its hoy
Bpecily, shall jbe entitled
to
exercise the aes of g
eneral
superintkewndence, ¢ treebion, co ntrol
and manaqenent of the alka
irs off.
the College, bhea vdgghu an
d dakerwotk
of the
have
geu
thangs
authors
2) Hokwiths jay ul
for the lime being Colleyo 2a volatian ba wid er
vested in the Governm ent under
"jon 3, and tro do all such
as such specified of Licer ie sed to exercise and do. gland Ling bnything containe d
shoo a or any other la w
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 h as
been dmmoediately belore t he ap pointed
day cmploycd jou the College, ure, in the
opdinton of Lhe Governuenl n ecessary
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 shal l
or gervite in the Government with the sane rights and p rivileges ag
to pensioi, gratuity and other malters
an would have been admissibl e 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 veste d
rnment and continue to do so
'unbil his employment in the duly terminated or until h is
remunexcation and torms and conditions of
employment are pale alte red by the;
Scanned with CamScanner
5
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 }
}
u
Scanned with CamScanner
'
vt,
ui le
fy
we
K
{ at i
e
e
e
6
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 aqat deardend lat auch conkrack OL oth er 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 givi ng the party or parties to the contract as the case _
be, or obher arrange ment 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 t herein.
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 Scanned with CamScanner
7
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
Scanned with CamScanner
8
Explanation - protection of ackion taken in
good f£aith. dedi
roceods : ae G e Hoeumal nue ee 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 cont ained
in suly-gection CAD, where aarig?
offence undex thio Act has bean
committed by & company an d it is
proved that the offence has been
committed with the congent
OF
connivance of, or is attri butable
to any neglect on the pa rk of any ~~
director, wanagex,' sedretary or other officer of the compa ny, such
director, manager, | secre tary or
other officer of the
company,
shall be deemed to be guil ty of.
that offence and shall be Li able to
be proceeded ayainst and punished
accordingly.
For the purpose of this se etkion,
(ar) Toompany" mein any body corporate
arial pre burke a fCirw On vi iher
angociatbion of dnchiividuads ; ai d
(bo) "director, ain relation to a Livi a,
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
Scanned with CamScanner
9
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 . ' l r LOAF ee ents Roe. out the provigioun of In arti p icular 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 whi
ch phe existing
employees Of the
Coll shall be
absorbed in othe
service oF t
he 7
Govermneanh 7 anid
any other mabber wh
ich is required
to be or may be pres
cribed.
Rvery rule made by
the Government
under this Ack sha
ll 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 t
otal period of
may be comprised
thirty days which
riou or - dn two o
r more
BOOM AG
in one seg. successive session s, and Lf, before the expiry of the session
immediately follow ing the session"
or the successi ve sessions
aforesaid, the Hous e agrees in
making any modificati on in the rule
or agree that the c ule should not
be wade, the rule sha ll thereafter
have effect only i u euch modified
12
Scanned with CamScanner g
10
Power to LS remove
JLEL culties. Repowdh ool Phe. LADD: iho
College
Aeb, L952.
9
Form or be cE wre 2 Of no -effect :
et j Lea as ot case may be; bo, howedar.' bhi 3 ee such wmodilicatioa be' dauimeet hey Picatiou Or annulm n
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
Scanned with CamScanner
11
. { 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
Scanned with CamScanner Sa,
12
