The Tibbia College (Takeover) Act, 1998

(1) This Act may be called the Delhi Tibbia College (Take Over) Act, 1998. (2) It extends to the whole of the National Capital Territory of Delhi. (3) 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) "appointed day" means the date on which this Act comes into force; (b) "Board" means the Tibbia College Board constituted under the Tibbia College Act, 1952 (Delhi Act No. 5 of 1952); (c) "College" means the Ayurvedic and Unani Tibbia College, Delhi and its allied units; (d) "Government" means the Government of the National Capital Territory of Delhi.

(1) On and from the appointed day, the management of the College shall vest in the Government. (2) The person in charge of the management of the College, immediately before the appointed day, shall deliver forthwith such property to the Government or to any officer or other employee of the Government as may be authorised by the Government in this behalf. (3) Any person who has, on the appointed day, in his possession or under his control, any books, papers or other documents relating to the College (including the minutes books containing resolutions in relation to the College adopted by persons in charge of the management of the Board before the appointed day, the current cheque books part of the College, any letters, memoranda, notes and other communications between the College and the Board), shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers, and other documents (including such minutes books, cheque books, letters, memoranda, notes and other communications) to the Government or to such person (being an officer or other employee of the Government) as may be authorised by the Government in this behalf. (4) Every person in charge of the management of the College, immediately before the appointed day, shall, within ten days from that day or, within such further time as the Government may allow, furnish to the Government a complete inventory of all the properties and assets (including particulars of donations received, book debts, investment and belongings) forming part of, or relatable to, the College immediately before the appointed day and shall, for the period as the Government may by order specify, be entitled to exercise the powers of general superintendence, direction, control and management of the affairs of the College, subject to the supervision and control of the Government. (5) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Government to reorganise and reconstruct the College and thereby form such units as the Government may deem fit.

Where the services of a person, who has been immediately before the appointed day employed in the College, are, in the opinion of the Government necessary, he shall become, from the date the College is transferred to and vested in the Government, an employee of the Government and shall hold office in the Government with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights had not been in the Government and continue to do so until his employment in the Government is duly terminated or until his remuneration and terms and conditions of employment are duly altered by the Government: Provided that such employees shall themselves constitute a separate group of employees of the Government and shall not be equated to or merged with the other employees of the Government.

(1) The Government shall be entitled to receive up to the specified date, to the exclusion of all other persons any money due to the College, realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. (2) Save as otherwise provided in this Act, the liabilities in relation to the College in respect of any period prior to the appointed day shall be the liabilities of the Government.

The provisions of this Act or any notification, order or rule thereunder, shall have effect notwithstanding anything inconsistent therewith contained in any law (other than this Act) or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court, tribunal or authority.

(1) Every contract (including any contract of employment or other arrangement) entered into by the Board in relation to the College, the management of which has vested in the Government under section 3, and in force immediately before the appointed day, shall, on and from the date of the expiry of ninety days from the appointed day, cease to have effect unless such contract or other arrangement has been, before the expiry of that period, ratified, in writing, by the Government; and in ratifying such contract or other arrangement, the Government may make such alterations or modifications therein as it may think fit: Provided that the Government shall not omit to ratify any contract or other arrangement and shall not make any alteration or modification therein- (a) unless it is satisfied that such contract or other arrangement is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the College; and (b) except after giving the party or parties to the contract as the case may be, or other arrangement a reasonable opportunity of being heard and except after recording, in writing, the reasons for refusal to ratify the contract or other arrangement or for making any alteration or modification therein. (2) Notwithstanding anything contained in any law for the time being in force, no person in respect of whom any contract or other arrangement is terminated, altered or modified under sub-section (1) or who ceases to hold any office by reason of any provision contained in section 4, shall be entitled to claim any compensation for the premature termination of the contract or other arrangement or for any alteration or modification therein or for the loss of office.

Any person who - (a) having in his possession, custody or control any property forming part of the College, wrongfully withholds such property from the Government or any person authorised by the Government, as the case may be, in this behalf, or (b) wrongfully obtains possession of, or retains, any property forming part of the College or withholds or fails to furnish to the Government, or any person specified by the Government, as the case may be, any document relating to the College, which may be in his possession, custody or control, or (c) fails to deliver to the Government or any person specified by the Government, any assets, books of accounts, registers or other documents in his custody relating to the College, or (d) wrongfully removes or destroys any property forming part of the College, or (e) prefers any claim under this Act which he knows or has reasonable cause to believe to be false or inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs. 10,000, or with both.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary 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 against and punished accordingly. For the purpose of this section, (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.

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 to be caused by anything which is in good faith done or intended to be done under this Act.

(1) The Government may, by notification in the official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner in which the day to day administration of the College shall be run; (b) a system for release of financial assistance; (c) the procedure for the designated officer to exercise powers of general superintendence, direction, control, and management of the affairs of the College; (d) the manner in which the existing employees of the College shall be absorbed in the service of the Government; and (e) any other matter which is required to be or may be prescribed. (3) Every rule made by the Government 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 in two or more successive sessions, and if, 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 rule should not be made, the rule 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 rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is issued, be laid before the Legislative Assembly of Delhi.

The Tibbia College Act, 1952 (Delhi Act No. 5 of 1952) is hereby repealed with effect from the day of the coming into force of this Act: Provided that anything done or any action taken under the Act so repealed which could have been done under this Act if it had then been in force shall be deemed to have been done or taken under the corresponding provisions of this Act: Provided further that such repeal of the principal Act shall not render invalid any order, notice, notification, recovery or other thing issued or effected thereunder, before the day of coming into force of this Act, nor shall it affect the enforcement of any liability incurred thereunder before the commencement of this Act.