The Delhi Pharmaceutical Sciences and Research University Act, 2008

DELHI GAZETTE : EXTRAORDINARY

[PART W of Delhi on the 17th October, 2008 and is hereby, published for general information :— "The Delhi Pharmaceutical Sciences and Reserach University Act, 2008 (Delhi Act 07 of 2008) [17th October, 2008] (As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 11th September, 2008) An Act to establish and incorporate a non-affiliating and teaching University in Delhi to facilitate and promote teaching, research, incubation, and extension work in pharmaceutical sciences and its application domains, and also to achieve excellence in the areas and connected fields and other matters' connected therewith or incidental thereto. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Filly-ninth Year of the Republic of India as follows:- 1. Short title and commencement .—(1) This Act may be called the Delhi Pharmaceutical Sciences and Research University Act, 2008

1. (2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "Academic Council" means the Council of the University ; (b) "academic staff" means such categories of staff as are designated by the Statutes to be the academic staff of the University; (c) "Board of Governors" means the Board of Governors of the University; (d) "Campus" means the unit establish or constituted by the University for making arrangements for instruction, or research, or both; (e) "Chairman" means the Chairman of the Board of Governors; (f) "Chancellor" means the Chancellor of the University; (g) "Delhi " means the National Capital Territory of Delhi; (h) "employee" means any person appointed by the University; (i) "Finance Committee" means the Finance Committee of the University; (j) "Government" means the the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239 AA of the Constitution; (k) "Hall" means a unit of residence or of the corporate life for the students of the University; (l) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 of the Constitution; (m) "Misconduct" means a misconduct prescribed by the Statutes; (n) "Prescribed" means prescribed by the Statutes made under this Act; (o) "School" means a school of studies within the University; (p) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; and (q) "teachers" means Deans, Professors, Additional Professors, Associate Professors and Assistant Professors, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University and are designated as teachers by the Statutes. (r) "University" means the Delhi Pharmaceutical Sciences and Research University as incorporated under this Act; (s) " Vice-Chancellor" means the Vice-Chancellor of the University;

(1) With effect from such date as the Government may, by notification in the Official Gazette, appoint, there shall be established a University by the name of "the Delhi Pharmaceutical Sciences and Research University", comprising the Chancellor, Vice-Chancellor, the Board of Governors and the Academic Council of the University and all such persons as may hereafter be appointed at such office or as members, so long as they continue to hold such office or membership. (2) The University shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued. (3) The University shall be academically and administratively autonomous, with its own operational accounts and having its own governance as well as administrative policies and practices as prescribed. (4) The Government shall provide to the University an appropriate piece of land free of cost including the existing land, buildings, assets, faculty and staff of existing Delhi Pharmaceutical Sciences and Research Institute as a constituent college of the University. It shall continue the financial support as per the prevailing allocation to meet the recurring and non-recurring expenditure. It shall extend funds for the establishment of new infrastructure including land development, architectural design, buildings, equipment and other needs. (5) Notwithstanding anything said in sub-section (6) above, the University may approach the Government at any time for future financial support, on such terms and conditions as mutually agreed, to meet its expansion and development.

Save as otherwise provided by or under this Act, the limits of the area within which the University shall exercise its powers, shall be those of the National Capital Territory of Delhi.

The objects of the University shall be to— (a) establish and incorporate a non-affiliating teaching University for conducting research and for imparting education in pharmaceutical sciences and allied areas at Delhi; (b) facilities and promote studies leading to award of degrees, diplomas and certificates; (c) undertake research and consultancy work in pharmaceutical sciences and allied areas of application; (d) achieve excellence in pharmaceutical sciences and technology and matters connected therewith or incidental thereto; (e) be a change-agent that shall contribute to enable pharmaceuticals and related areas of industry to develop state of the art products and services; (f) be industry relevant at all times and to create an impact on the fellow academic community in India and abroad; (g) be an open institution to attract best minds of the world and to be completely globally integrated.

The University shall have the following powers, namely :— (1) to provide for instruction in such branches of learning relevant to pharmaceutical and allied sciences as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge and skills; (2) to grant, subject to such conditions as the University may determine, diplomas and certificates to, and confer degrees and other academic distinctions on the basis of examinations; evaluation or any other method of testing, on person; (3) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (4) to organize and to undertake extramural studies and extension services; (5) to create and establish teaching, academic and research positions including professorships, additional, associate and assistant professorships, lectureships and others required by the University and to appoint persons to such positions; (6) to fix the salary structure including allowances, provind fund, etc. of all positions mentioned in clause (5) so as to meet the minimum norms of regulatory bodies, as also in line with the All India Council for Technical Education, The University Grants Commission, The Pharmacy Council of India and the Government norms, provided that the net salaries may be higher than these but in no case lower; to determine expectations, roles, responsibilities, etc. associated with the contract for all academic, teaching and other employees; to establish revenue sharing mechanisms with all its employees; (7) to appoint persons working in any other University or Organization as teachers of the University for a specified period; (8) to co-operate or collaborate or associate with any other University/Institution, authority or organization of higher learning, industry and corporate house, laboratory, engaged in cutting-edge work, in such manner and for such purpose as the University may determine; (9) to approve persons working in organizations as mentioned in clause (8) above for imparting instruction or for supervising research, or both, and to withdraw such approval; (10) to build up a body of academia to perform academic functions, and to pay them remuneration in the manner prescribed; (11) to prescribe fees and other charges to be levied on the students; (12) to set up facilities like computer centre, instrumentation centre, library, animal house, state of art research laboratories, museums of anatomy, physiology and herbal and mineral drugs etc.; (13) to set up curriculum development centres for different subjects; (14) to determine standards for admission to the University which may include examination, evaluation or any other method of selection; (15) to institute and award fellowships, scholarships, studentships, medals and prizes; (16) to demand and receive fees and other charges;

(1) The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession or political opinion in order to entitle him to be appointed as a teacher of the University, or to hold any other office therein or to be admitted as a student of the University or to graduate thereat, or to enjoy or exercise any privilege thereof. (2) The University shall be open to itudents of any nationality and they may be admitted in a manner so prescribed. (3) Nothing in this section shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Scheduled Castes and the Scheduled Tribes, and other backward classes.

(1) The Lieutenant Governor of Delhi shall be the Chancellor of the University. (2) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of buildings, laboratories and equipment, and also of the examination, teaching and other work conducted or done by the University, and to cause an inquiry to be made in the like manner in respect of any matter connected with the administration of finances of the University. (3) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make such representation to the Chancellor, as it may consider necessary, within such period as specified in the notice. (4) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where an inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (6) The Chancellor may address the Vice-Chancellor with reference to the result of such inspection or inquiry as is referred to in sub-section (2) and the Vice-Chancellor shall communicate to the Board of Governors the views of the Chancellor with such advice as the Chancellor may be pleased to offer upon the action to be taken thereon. (7) The Board of Governors shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it upon the result of such inspection or inquiry. (8) Where the Board of Governors does not, within a reasonable time, taken action to the satisfaction of the Chancellor, the Chancellor may issue such directions as he may think fit and the Board of Governors shall comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceeding of the University, which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, the Chancellor shall call upon the University to show cause why such an order should not be made and shall consider the cause shown, if any, within the time-limit specified by him. (10) The Chancellor shall have the power to remove either the Chairperson or a member of the Board of Governors in the event of malfeasance. In exercising such power of removal, the Chancellor would from his opinion based on the recommendation of the Government, which in turn would be based on due enquiry against the Chairperson or member of the Board of Governors, as the case member who is proposed to be removed. (11) The Chancellor shall have such other powers as may be prescribed.

The following shall be the officers of the University, namely :— (1) The Vice-Chancellor; (2) The Deans; (3) The Registrar; and (4) Such other officers as may be declared by the Statutes to be the officers of the University.

(1) The Vice-Chancellor shall be a scholar of eminence in the area of pharmaceutical sciences or allied areas and having administrative experience in a post graduate degree level institution of higher learning in a similar area. (2) The Vice-Chancellor shall be appointed by the Board of Governors in such a manner, on such terms and on such emoluments and other conditions of service as may be prescribed. (3) The Vice-Chancellor shall be the principal academic and chief executive officer of the University and shall exercise supervision and control over the affairs of the University arid give effect to the decisions of all the authorities of the University. (4) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought to be have been taken, the Vice-Chancellor shall take such action as is necessary and feasible to annul the action taken by the Vice-Chancellor in excess of the powers conferred upon him: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section, shall have the right to appeal against such action to the Board of Governors within ninety days from the date on which such action is communicated to him and thereupon the Board of Governors may confirm, modify or reverse the action taken by the Vice-Chancellor. (5) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances.

Every Dean (Academic, Student Affairs, Examination, Faculty Affairs, Research Alumni Affairs) shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed.

(1) The Registrar shall be appointed in such manner, on such emoluments (the scale not to exceed the scale of a Professor) and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed. (2) The Registrar empowered by the Board of Governors shall have the power to enter into, and sign agreements and authenticate records on behalf of the University.

(1) The manner of appointment, emoluments, powers and duties of the other officers of the University shall be such as may be prescribed.

(1) The following shall be the authorities of the Universities, namely:— (1) The General Council (2) The Board of Governors (3) The Academic Council (4) The Finance Committee (5) Such other authorities A may be declared by the Statutes to be the authorities of the University.

(1) The Government shall constitute by a notification to be published in the Official Gazette, the General Council for the University to be headed by the Chancellor and such other members, not exceeding nine, and who shall be individual experts or officers of the Government. The terms and conditions of appointment of members of the General Council shall be as notified by the Government by publication in the Official Gazette. (2) Subject to the provisions of this Act, the General Council shall have the following powers and functions. namely : (a) to proactively identify trends and directions; and develop a strategic plan for the University;

The Board of Governors shall consist of the following persons, namely : (1) the Chairman, to be nominated by the Chancellor in the manner prescribed; (2) the Vice-Chancellor, (ex-officio); (3) the Secretary, Finance Department of the Government (ex-officio); (4) the Principal Secretary/Secretary, Technical Education Department of the Government (ex-officio); (5) four persons having special knowledge or practical experience in respect of Pharmacy education and research and allied sciences, domain of application of pharmacy and paramedical courses, to be nominated by the Chairman from a panel (2-4 persons of eminence) submitted by the Vice-chancellor. For the second and subsequent Board of Governors, the Vice-Chancellor shall place the panel before the outgoing Board for nomination by the Chainnan; (6) two professors of the University, to be nominated by the Vice-Chancellor; and (7) the Registrar, non-Member Secretary.

(1) Save as otherwise provided in this section.— (a) the term of office of the Chairman or any other member ofthe Board of Governors shall be three years from the date of his nomination, extendable by two years. (b) the term of office of an ex-officio member shall continue so long as he holds the office by virtue of which he is a member. (c) the term ofoffice of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated. (2) Notwithstanding anything con'tained in this section, an out-going member shall continue in office until another person is nominated as a member in his place. (3) the members of the Board of Governors shall be entitled to such allowances, if any, from the University as may be provided for in the Statutes but no member other than the Vice-Chancellor and his nominees shall be entitled to any salary by reasons of this sub-section.

(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and regulation of, and be responsible for (a) interacting with the Board of Governors through the Vice-chancellor for formulation of academic policies and programmes to realize the strategic plan of the University; (b) maintenance of standards of instruction, education and examination within the University; and, (c) exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.— (2) The constitution of the Academic Council and the terms of office of its members shall be as prescribed. (3) The Academic Council shall have the right to advice the Board of Governors on all academic matters.

(1) There shall be a Finance Committee constituted by the Board of Governors consisting of the following, namely.-- (a) The Vice-Chancellor; (b) Two other members nominated by the Board of Governors from amongst its members of whom one shall be a Professor; (c) Such other members as may be prescribed by the Statutes; (2) The Members of the Finance Committee other than the Vice Chancellor and Professor, shall hold office so long as they continue as members of the Board of Governors. (3) The functions and duties of the Finance Committee shall be as follows :— (a) to examine and scrutinize the annual budget of the University and to make recommendations on financial policies to the Board of Governors; (b) to consider all proposals for new expenditure items and to make recommendations to the Board of Governors; (c) to consider the periodical statement of accounts and to review the finances of the University from time to time and to consider and the audit reports re-appropriation statements and to make recommendations to the Board of Governors; (d) to give its views and to make recommendations to the Board of Governors on any financial question affecting the University either on its own initiative or on reference from the Board of Governors. (4) The Finance Committee shall meet, at least four times in a year. Two members of the Finance Committee shall form the quoram at any meeting. (5) The Vice-Chancellor shall preside over the meeting of the Finance Committee, and in his absence, a member elected at the meeting shall preside. In case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.

The constitution, powers and function of the other authorities that may be declared by the Statutes to be the authorities of the University, shall be such as may be prescribed.

Subject to the provision o f th is Act, the Statutes may provide for all or any of the following matters, namely :— (1) the constitution, powers and functions of the authorities and other bodies of the University, as may be found necessary to be constituted from time to time; (2) the election and continuance in office of the members of the authorities and bodies of the University, the filling up of vacancies of members and all other matters relating thereto which the University may deem necessary or desirable to provide; (3) the manner of appointment of the officers of the University, terms and conditions of their service, their powers and duties and emoluments; (4) creation of posts in different cadres of all employees, determination of their terms and conditions, salary structure including allowances. etc.; (5) creation scholarships, assistantships, campus jobs, etc. for students, fixing their value along with roles and responsibilities and terms and conditions; (6) The manner of appointment o f the teachers of the Universities, academic staff, and other employees; (7) the manner of appointment of teachers and other academic staff working in any other university for a specified period, their terms and conditions of service and emoluments; (8) the constitution of the pension or the provident fund and the establishment of an insurance scheme for the benefit of the employees of the University; (9) the principles governing the seniority of employees of the University; (10) the procedure for any appeal by an employee or a student of the University; (11) conferment of honorary degrees; (12) institution of medals and prizes and other incentives; (13) maintenance of discipline among the employees of the University; (14) establishment of chairs, schools of studies, departments, centres, etc.; (15) the delegation of powers vested in the authorities or the officers of the University; and (16) all other matters which, by or under this Act and the Statutes thereunder, are to be, or may be, provided.

(1) The first Statutes shall be those made by the Government with the prior approval of the Chancellor within thirty days of the commencement of this Act. (2) The Board of Governors may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board of Governors shall not make, amend or repeal any Statutes affecting the status, power or constitution of any authority of the University until such authority has been given a reasonable opportunity of expressing its opinion in writing on the proposed change, and any opinion so expressed within the time specified by the Board of Governors has been considered by the Board of Governors. (3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the approval of the Chancellor, who may assent thereto or withhold his assent or remit it to the Board of Governors for reconsideration in the light of the observations, if any, made by him. (4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has received the assent of the Chancellor Provided that if the Chancellor does not convey his decision within ninety days of the reference received by him, the Chancellor shall be deemed to have given his assent to the proposal.

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely :— (a) the admission of students, the courses of study and the fees thereof, the qualifications pertaining to the award of degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of fellowships and the awards and the like; (b) the conduct of examinations, including the terms and conditions of office and appointment of examiners; (c) the conditions of residence of students and their general discipline; (d) the procedures for the settlement of disputes between the employees and the University, or between the students and the University; (e) maintenance of discipline among the students of the University; (f) regulation of the conduct and the duties of the employees of the University and regulation of the conduct of the students of the University; (g) the categories of misconduct fot which action may be taken under this Act or the Statutes or the Ordinances; and (h) any other matter which, by or under this Act or the Statutes, is to be or may be, provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the approval of the Government and the Ordinances so made may be amended, repealed or added to, at any time by the Board of Governors in such manner as may be prescribed.

The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances, in the manner prescribed by the Statutes for the conduct of their own business and the business of the committees, if any appointed by them and not provided for by this Act, the Statutes or the Ordinances.

(1) The annual roport of the University shall be prepared under the guidance of the Vice-Chancellor and shall include, among other matters, the steps taken by the University towards the fulfilment of its objectives and for realigning the University activities in accordance with the overall directions and general policies set by the Governing Council. (2) The annual report so prepared shall, after the approval of the Board of Governors, be submitted to the Chancellor by such date as may be prescribed. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Government which shall, as soon as may be, cause the same to be laid before the Legislative Assembly of Delhi.

(1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Vice-Chancellor, and approved by the Board of Governors and shall, at least once every year be audited by the Comptroller and Auditor General of India or such person or persons as he may authorize in this behalf. (2) A copy of the accounts together with the audit report shall be submitted to the Chancellor along with the observations, if any, of the Board of Governors. (3) Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Board of Governors. (4) A copy of the accounts together with the audit report, as submitted to the Chancellor, shall also be submitted to the Government, which shall, as soon as may be, cause the same to be laid before the Legislative Assembly of Delhi.

(1) The University shall enter into a written contract of service with every employee of the University appointed on regular basis or otherwise and the terms and conditions of the contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) A copy of the contract referred to in sub-section (1) shall be lodged with the University and a copy thereof shall be furnished to the employee concerned.

(1) The University shall constitute for the benefit of its employees such provident fund or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed.

If any question arises as to whether any person has been duly selected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall he filled, as soon as may be convenient by the person or body who appoints, elects or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills, would have been a member.

No act or proceedings of any authority or other body shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.

No suit or other legal proceedings shall lie in any court against the University or against any authority, officer or employee of the University or against any person or body of persons acting under the order or direction of any authority or officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or the Statutes or the Ordinances.

A copy of any receipt, application, notice, order, proceedings, resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar shall, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions' of this Act, as appear to it to be necessary or expedient for removing the difficulty Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

Notwithstanding anything contained in this Act and the Statutes, the first Board of Governors shall be nominated by the Chancellor and shall hold office for a term of five years.

(1) Every Statute and Ordinance made under this Act shall be published in the Official Gazette. (2) Every Statute and Ordinance made under this Act shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Delhi while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the Statute or the Ordinance of the house agrees that the Statute or the Ordinance should not be made, the Statute or the Ordinance, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute or Ordinance.