[Act
No. 09 of 1998] An Act to
establish and incorporate an affiliating and teaching University at Delhi to
facilitate and promote studies, research and extension work in emerging areas
of higher education with focus on professional education, for example
engineering, technology, management studies, medicine, pharmacy, nursing,
education, law, etc., and also to achieve excellence in these 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 forty-ninth year of the Republic of India as follows:- [1][(1) This Act may be called the Guru Gobind Singh
Indraprastha University Act, 1998. (2) It shall come into force on such date as the Government
may, by notification in the official Gazettee, appoint.] In
this Act, unless the context otherwise requires, - (a)
“Academic Council” means the Academic
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)
“approved institution” means an
institution of higher learning approved by the University; (d)
“approved teachers” means persons
working in any approved institution or in any institution associated with the
University and approved by the University for the purpose of imparting
instruction, or conducting research, or both; (e)
“Board of Management” means the Board
of Management of the University; (f)
“Board of Studies” means the Board of
Studies of the University; (g)
“campus” means the unit established or
constituted by the University for making arrangements for instruction, or
research, or both; (h)
“Chancellor”, “Vice-Chancellor” and
“Pro Vice-Chancellors” mean, respectively, the Chancellor, the Vice-Chancellor
and the Pro Vice-Chancellors of the University; (i)
“college” means an academic
institution maintained or admitted by the University to its privileges, and
includes an affiliated college; (j)
“Court” means the Court of the
University; (k)
“Delhi” means the National Capital
Territory of Delhi; (l)
“Director” means the head of an
institution; (m)
“Department” means a department of
studies of the University; (n)
“employee” means any person appointed
by the University, college or institution, as the case may be; (o)
“governing body”, in relation to a
college or an institution, means the governing body or any other body, by
whatever name called, charged with the management of the affairs of such
college or institution, as the case may be, and recognized as such by the
University; (p)
“Government” means the Lieutenant
Governor of Delhi referred to in article 239 AA of the Constitution; (q)
“hall” means a unit of residence or of
corporate life for the students of the University, a college or an institution
provided, maintained or recognized by the University; (r)
“institution” means an academic
institution other than a college, maintained by, or admitted to, the privileges
of the University; (s)
“Lieutenant Governor” means the
Lieutenant Governor of Delhi appointed by the President under article 239 of
the Constitution; (t)
“misconduct” means a misconduct
prescribed by the Statutes; (u)
“notification” means a notification
published in the official Gazette; (v)
“prescribed” means prescribed by the
Statutes made under this Act; [2](w) “Principal” means the head of a college and includes,
where there is no Principal, the person who is for the time being duly
appointed to act as the Principal, and in the absence of the Principal or the
acting Principal, as the case may be, a Vice-Principal duly appointed as such; (x) “recognized teachers” means such persons as are
approved by the University for the purpose of imparting instruction in a
college or an institution admitted to the privileges of the University; (y) “school” means a school of studies of the University; (z) “Statutes”, “Ordinances” and “Regulations” mean
respectively the Statutes, Ordinances and Regulations of the University for the
time being in force; [3](za) “University” means the Guru Gobind Singh Indraprastha
University as incorporated under this Act; and (zb) “University teachers” means professors, readers,
lectures and such other persons as may be appointed for imparting instruction or
conducting research in the University, or in any college or institution
maintained by the University and are designated as teachers by the Statutes. [4][(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 “Guru Gobind Singh Indraprastha University”,
comprising the Chancellor and the Vice-Chancellor, the first members of the
Court, the Board of Management 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.] [5][(1) 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 Region as defined in the National Capital Region
Planning Board Act, 1985 (2 of 1985). (2) No college or institution situated within the jurisdiction
of the University shall be compulsorily affiliated to the University, and
affiliation shall be granted by the University only to such college or
institution as may agree to accept the Statutes and the Ordinances.] The
University shall have the following powers, namely:- (1)
to provide for instruction in such
branches of learning 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, persons; (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 institute principalships,
professorships, readerships, lecturerships and other teaching and academic
positions required by the University and to appoint persons to such
principalships, professorships, readerships, lecturerships and other academic
positions; (6)
to recognise persons as professors,
readers, or lecturers and others as teachers of the University; (7)
to provide for the terms and
conditions of service of-- (i)
teachers and other members of the
academic staff appointed by the University; (ii)
teachers and other members of the
academic staff appointed by any college or institution; and (iii)
other employees, whether appointed by
the University or any college or institution; (8)
to appoint persons working in any
other university or organisation as teachers of the University for a specified
period; (9)
to create administrative, ministerial
and other posts in the University and to make appointments thereto; (10)
to co-operate or collaborate or
associate with any other university, authority or institution of higher
learning in such manner and for such purpose as the University may determine; (11)
to approve persons working in any
institution co-operating, collaborating or associating with the University, for
imparting instruction or supervising research, or both, and to withdraw such
approval; (12)
to approve an institution of higher
learning for such purposes as the University may determine and to withdraw such
approval; (13)
to approve persons working in any
approved institution for imparting instruction or supervising research, or
both, and to withdraw such approval; (14)
to declare colleges and institutions,
with their consent, in the manner prescribed, as autonomous colleges and
institutions, and determine the extent of the autonomy and the matters in
relation to which they may exercise such autonomy; (15)
to build up a body of academia to
perform academic functions, and to pay them remuneration in the manner
prescribed; (16)
to arrange to send visiting committees
to colleges and institutions at the affiliation stage and also during the
period of affiliation at regular intervals; (17)
to prescribe fees and other charges to
be levied on the students of self-financing colleges and institutions and to
ensure that these are run on “no profit-no loss basis”; (18)
to coordinate the work of different
colleges and institutions working in the same and similar areas; (19)
To set up central facilities like
computer centre, instrumentation centre, library, etc; (20)
to set up curriculum development
centres for different subjects; (21)
to admit to its privileges colleges
and institutions, not maintained by the University, in accordance with such
conditions as may be prescribed and to withdraw all or any of these privileges; [6](21A) to establish and maintain colleges, institutions and
such other centres of education, research, training and extension as deemed
appropriate by the University; (22)
to recognise halls not maintained by
the University and to withdraw any such recognition; (23)
to make provision for research and
advisory services and, for that purpose, to enter into such arrangements with
other institutions or bodies as the University may deem necessary; (24)
to prescribe fees for affiliation of
colleges and institutions; (25)
to determine standards for admission
to the University which may include examination, evaluation or any other method
of selection; (26)
to institute and award fellowships, scholarships,
studentships, medals and prizes; (27)
to demand and receive payment of fees
and other charges; (28)
to supervise the residence of the
students of the University and to make arrangements for promoting their health
and general welfare; (29)
to make such special arrangements in
respect of women students as the University may consider desirable; (30)
to regulate the conduct of the
students of the University and of colleges and institutions; (31)
to regulate the work and conduct of
the employees of the University and of the employees of the colleges and
institutions; (32)
to regulate and enforce discipline
among the employees and the students of the University and take such
disciplinary measures in this regard as may be deemed necessary; (33)
to prescribe code of conduct for
managements of affiliated colleges and institutions; (34)
to make arrangements for promoting the
health and general welfare of the employees of the University and those of
colleges and institutions; (35)
to receive benefactions, donations and
gifts from persons and to name after them such chairs, institutions, buildings
and the like as the University may determine, whose gift or donation to the
University is worth such amount as the University may decide; (36)
to acquire, hold, manage and dispose
of any property, movable or immovable, including trust and endowment
properties, for the purposes of the University; (37)
to borrow, with the approval of the
Government, on security of the property of the University, moneys for the
purposes of the University; [7](38) to assess the needs in terms of subjects, fields of
specialization, levels of education and training of technical manpower, both on
short and long term basis, and to initiate necessary programmes to meet these
needs; (39) to initiate measures to enlist the cooperation of the
industry to provide complementary facilities; (40) to provide for instruction through “distance learning”
and “open approach” and for mobility of students from the non-formal (open
learning) stream to the formal stream and vice-versa; (41) to evolve an operational scheme for enforcing the
accountability of the teachers and other employees to the University system; (42) to prescribe a Code of Ethics for the teachers, Code
of Conduct for other employees and Code of Discipline for the students; and (43) to do all such other acts and things as may be
necessary or incidental to the exercise of all or any of the powers of the
University or necessary for or conducive to the attainment of all or any of the
objects of the University. (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)
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. (1) The President of the Republic of India shall be the
Visitor of the University. [8](2) Any dispute arising between the University and any
other university established by law in the National Capital Region as defined
in the National Capital Region Planning Board Act, 1985 (2 of 1985), may be
referred to the Visitor whose decision shall be final and binding on the
parties. (1)
The Lieutenant Governor of Delhi shall
be the Chancellor of the University. (2)
The Chancellor shall, if present,
preside over the convocation of the University for conferring degrees. (3)
The Chancellor shall have the right to
cause an inspection, to be made by such person or persons as he may direct, of
the University, a college or an institution maintained by the University, their
buildings, laboratories and equipment, and also of the examination, teaching
and other work conducted or done by the University, college or institution, as
the case may be, and to cause an inquiry to be made in the like manner in
respect of any matter connected with the administration or finances of the
University, college or institution, as the case may be. (4)
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. (5)
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(3). (6)
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. (7)
The Chancellor may address the
Vice-Chancellor with reference to the result of such inspection or inquiry as
is referred to in sub-section (3) and the Vice-Chancellor shall communicate to
the Board of Management the views of the Chancellor with such advice as the
Chancellor may be pleased to offer upon the action to be taken thereon. (8)
The Board of Management 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. (9)
Where the Board of Management does
not, within a reasonable time, take action to the satisfaction of the
Chancellor, the Chancellor may issue such directions as he may think fit and
the Board of Management shall comply with such directions. (10)
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. (11)
The Chancellor shall have such other
power as may be prescribed. The
following shall be the officers of the University:- (1)
the Vice-Chancellor; (2)
the Pro Vice-Chancellors; (3)
the Deans; (4)
the Registrars; (5)
the Controller of Finance; and (6)
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 having administrative experience in a national level institution of
learning. (2)
The Vice-Chancellor shall be appointed
by the Chancellor in such manner, for such term and on such emoluments and
other conditions of service as may be prescribed. (3)
The Vice-Chancellor shall be the
principal academic and executive officer of the University and shall exercise
supervision and control over the affairs of the University and 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 not to
have been taken, it may refer the matter to the Chancellor whose decision
thereon shall be final: 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 Management within ninety
days from the date on which such action is communicated to him and thereupon the
Board of Management may confirm, modify or reverse the action taken by the
Vice-Chancellor. (5)
The Vice-Chancellor may cause an
inspection, to be made by such person or persons as he may direct, of a college
or an institution, not being maintained by the University, its buildings,
laboratories and equipment and also the examination, teaching and other work
done by the college or the institution and cause an inquiry, to be made in the
like manner, in respect of any matter connected with the administration or finances
of the college or the institution in such manner as may be prescribed. (6)
The Vice-Chancellor shall exercise
such other powers and perform such other functions as may be prescribed by the
Statutes and the Ordinances. Every
Pro Vice-Chancellor shall be appointed in such manner, on such emoluments and
other conditions of service, and shall exercise such powers and perform such
functions, as may be prescribed. Every
Dean shall be appointed in such manner, and shall exercise such powers and
perform such duties as may be prescribed. (1)
Every Registrar shall be appointed in
such manner, on such emoluments and other conditions of service, and shall
exercise such powers and perform such functions, as may be prescribed. (2)
A Registrar empowered by the Board of
Management shall have the power to enter into, and sign, agreements and
authenticate records on behalf of the University. The
Controller of Finance shall be appointed in such manner, on such emoluments,
and other conditions of service and shall exercise such powers and perform such
duties as may be prescribed The
manner of appointment, emoluments, powers and duties of the other officers of
the University shall be such as may be prescribed. The
following shall be the authorities of the University:- (1)
the Court ; (2)
the Board of Management; (3)
The Academic Council; (4)
the Planning Board; (5)
the Board of Affiliation; (6)
the Schools of Studies; (7)
the Finance Committee; and (8)
such other authorities as may be
declared by the Statutes to be the authorities of the University. (1)
The constitution of the Court and the
term of office of its members shall be such as may be prescribed. (2)
Subject to the provisions of this Act,
the Court shall have the following powers and functions, namely:- (a)
to review, from time to time, the
broad policies and programmes of the University and to suggest measures for the
improvement and development of the University; (b)
to consider and pass resolutions on
the annual report and the annual accounts of the University and the report of
its auditors on such accounts; (c)
to advise the Chancellor in respect of
any matter which may be referred to it for advice; and (d)
to perform such other functions as may
be prescribed. (1)
The Board of Management shall be the
principal executive body of the University. (2)
The constitution of the Board of
Management, the term of office of its members and its powers and functions
shall be such as may be prescribed. (1)
The Academic Council shall be the
principal academic body of the University and shall, subject to the provisions
of this Act, the Statues and the Ordinances, have the control and regulation
of, and be responsible for, the maintenance of standards of instruction,
education and examination within the University and shall exercise such other
powers and perform such other duties as may be conferred or imposed upon it by
the Statutes. (2)
The Academic Council shall have the
right to advise the Board of Management on all academic matters. (3)
The constitution of the Academic
Council and the term of office of its members shall be such as may be
prescribed. (1)
There shall be constituted a Planning
Board of the University which shall be the principal planning body of the
University and shall also be responsible for monitoring the development of the
University. (2)
The constitution of the Planning
Board, the term of office of its members and its powers and functions shall be
such as may be prescribed. (1)
The Board of Affiliation shall be
responsible for admitting colleges of and institutions to the privileges of the
University. (2)
The constitution of the Board of
Affiliation, the term of office of its members and its powers and functions
shall be such as may be prescribed. (1)
There shall be such number of Schools
of Studies as the University may determine from time to time. (2)
The constitution, powers and functions
of the Schools of Studies shall be such as may be prescribed. The
constitution, powers and functions of the Finance Committee shall be such as
may be prescribed. The
constitution, powers and functions of the other authorities which may be
declared by the Statutes to be the authorities of the University, shall be such
as may be prescribed. Subject
to the provision of this Act, the Statutes may provide for all or any of the
following matters, namely:- (a)
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; (b)
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; (c)
the manner of appointment of the
officers of the University, terms and conditions of their service, their powers
and duties and emoluments; (d)
the manner of appointment of the
teachers of the University, other academic staff, and other employees and their
emoluments; (e)
the manner of appointment of teachers
and other academic staff working in any other university for a specified period
for undertaking a joint project, their terms and conditions of service and
emoluments; (f)
the terms and conditions of service of
the- (i)
teachers and other members of the
academic staff appointed by the University; (ii)
teachers and other members of the
academic staff appointed by any college or institution; and (iii)
other employees whether appointed by
the University or any college or institution; (g)
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 and those of colleges and institutions; (h)
the principles governing the seniority
of employees of the University, colleges and institutions; (i)
the procedure for any appeal by an
employee or a student of the University; (j)
conferment of honorary degrees; (k)
institution of fellowships,
scholarships, studentships, medals and prizes and other incentives ; (l)
maintenance of discipline among the
employees of the University, and the employees of colleges and institutions; (m)
establishment of chairs, schools of
studies, departments, colleges and institutions; (n)
the conditions under which colleges
and institutions may be admitted to the privileges of the University and the
conditions under which such privileges may be withdrawn; (o)
management, supervision and inspection
of colleges and institutions established and maintained by the University; (p)
constitution of governing bodies of
colleges and institutions admitted to the privileges of the University and the
supervision and inspection of such colleges and institutions; (q)
the extent of the autonomy which a
college or an institution declared as an autonomous college or institution may
have and the matters in relation to which such autonomy may be exercised; (r)
the delegation of powers vested in the
authorities or the officers of the University; and (s)
all other matters which, by or under
this Act, are to be, or may be, provided for by the Statutes. (1)
The first Statutes shall be those made
by the Government with the prior approval of the Chancellor within thirty days
of the notification of this Act. (2)
The Board of Management 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 Management shall not make, amend or repeal any Statutes
affecting the status, powers 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 Management has been considered by the
Board of Management. (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 Management 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. (5)
Notwithstanding anything contained in
the foregoing sub-sections, the Chancellor may make new or additional Statutes
or amend or repeal the Statutes referred to in sub-section(1), during the
period of three years immediately after the commencement of this Act. (1)
Subject to the provisions of the Act
and the Statutes, the Ordinances may provide for all or any of the following
matters, namely:- (i)
the admission of students, the courses
of study and the fees therefor, the qualifications pertaining to the award of
degrees, diplomas, certificates and other academic distinctions, the conditions
for the grant of fellowships and awards and the like; (ii)
the conduct of examinations, including
the terms and conditions of office and appointment of examiners ; (iii)
the conditions of residence of
students and their general discipline; (iv)
the management of colleges and
institutions maintained by the University ; (v)
the procedures for the settlement of
disputes between the employees and the University, or between the students and
the University; (vi)
the procedures for the settlement of disputes
between the employees or students of a college or an institution and its
governing body; (vii)
the procedure for any appeal by an
aggrieved employee or a student of a college or an institution; (viii)
maintenance of discipline among the
students of the University, colleges and institutions; (ix)
Regulation of the conduct and duties
of the employees of the University, colleges and institutions and regulation of
the conduct of the students of the University and of colleges and institutions; (x)
the categories of misconduct for which
action may be taken under this Act or the Statutes or the Ordinances; and (xi)
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 prior approval of the Government and the
Ordinances so made may be amended, repealed or added to at any time by the
Board of Management 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 that of the committees, if any, appointed
by them and not provided for by this Act, the Statutes or the Ordinances. (1)
The annual report of the University
shall be prepared under the directions of the Board of Management which shall
include, among other matters, the steps taken by the University towards the
fulfillment of its objects. (2)
The annual report so prepared shall 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 direction of the Board of
Management and shall at least once every year at intervals of not more than
fifteen months, 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 and the Court alongwith
the observations, if any, of the Board of Management. (3)
Any observation made by the Chancellor
on the annual accounts shall be brought to the notice of the Court and the
views of the Court, if any, shall, after being considered by the Board of
Management, be submitted to the Chancellor. (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. [9](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. [10](2) A copy of the contract referred to in sub-section(1)
shall be lodged with the University and a copy thereof shall also be furnished
to the employee concerned. (1)
Any dispute arising out of a contract
of employment referred to in section 31 between the University and the employee
shall be referred to a Tribunal of Arbitration which shall consist of one
member nominated by the Board of Management, one member nominated by the
employee concerned and an umpire to be nominated by the Chancellor. (2)
Every such reference shall be deemed
to be a submission to arbitration on the terms of this section within the
meaning of the Law of Arbitration as in force, and all the provisions of that
Law, with the exception of section 2 thereof, shall apply accordingly. (3)
The procedure for regulating the work
of the Tribunal of Arbitration shall be such as may be prescribed. (4)
The decision of the Tribunal of
Arbitration shall be final and binding on the parties, and no suit shall lie in
any court in respect of any matter decided by the Tribunal. [11][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 elected 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
the casual vacancies among the member (other than ex-officio members) of any
authority or other body of the University shall be 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 proceeding 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 so designated shall, notwithstanding
anything contained in the Indian Evidence Act, 1872 or in any other law for the
time being in force, shall 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,-- (a)
the first Vice-Chancellor, the first
Registrars and the Controller of Finance shall be appointed by the Chancellor
and they shall be governed by the terms and conditions of service specified by
the Statutes ; (b)
the first Court and the first Board of
Management shall consist of not more than twenty five members and eleven
members respectively who shall be nominated by the Chancellor and shall hold
office for a term of three years; and (c)
the members of the first Planning
Board shall be nominated by the Chancellor and shall hold office for a term of
three years. Notwithstanding
anything contained in this Act, or in the Statutes or in the Ordinances, any
student of a college or institution, who, immediately before the admission of
such college or institution to the privileges of the University, was studying
for a degree, diploma or certificate of the University of Delhi, shall be
permitted by the University to complete his course for that degree, diploma or
certificate, as the case may be, and the University and such college or
institution shall provide for the instruction and examination of such student
in accordance with the syllabus of studies of the University of Delhi. (1)
Every Statute and Ordinance made under
this Act shall be published in the official Gazette. Every
Statutes 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 of
the session immediately following the session or the successive sessions
aforesaid, the House agrees in making any modification in the Statute or the
Ordinance or the House agrees that the Statute or the Ordinance should not be
made, the Statute or the Ordinance, as the case may be, 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, as
the case may be. [1] As amended by the Indraprastha Vishwavidyalaya (Second
Amendment) Act, 1999. [2] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 2. [3] As amended by the Indraprastha Vishwavidyalaya (Second
Amendment) Act, 1999. [4] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 3 to be read with Indraprastha Vishwavidyalaya (Second
Amendment) Act, 1999. [5] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 4. [6] Inserted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 5, sub-section (i) [7] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 5, sub-section (ii) [8] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 6 [9] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 7, sub section (1) [10] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 7, sub section (2) [11] Substituted by the Indraprastha Vishwavidyalaya (Amendment)
Act, 1998, section 8THE GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY ACT, 1998
PREAMBLE