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/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 Scanned with CamScanner 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 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: - Scanned with CamScanner
(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 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 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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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 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 Scanned with CamScanner 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
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.
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(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 Scanned with CamScanner 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 Scanned with CamScanner . { 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 | | e e Scanned with CamScanner Sa,