GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY ACT, 1998

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:-

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S.1 Short title and commencement

*[(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.]

*As amended by the Indraprastha Vishwavidyalaya (Second Amendment) Act, 1999.

S.2 Definitions

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-Chancell

S.3 Incorporation

*[(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.]

*Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 3 to be read with Indraprastha Vishwavidyalaya (Second Amendment) Act, 1999.

S.4 Jurisdiction

*[(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.]

*Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 4.

S.5 Powers of the University

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;<

S.6 University open to all classes, castes, and creeds,

(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.

S.7 The Visitor

(1) The President of the Republic of India shall be the Visitor of the University.

*(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.

*Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 6

S.8 The Chancellor

(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 represent

S.9 Officers of the University

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.

S.10 The Vice-Chancellor

(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 d

S.11 The Pro Vice-Chancellors

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.

S.12 The Deans

Every Dean shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed.

S.13 The Registrars

(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.

S.14 The Controller of Finance

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

S.15 Other officers

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

S.16 Authorities of the University

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.

S.17 The Court

(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.

S.18 The Board of Management

(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.

S.19 The Academic Council

(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.

S.20 The Planning Board

(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.

S.21 The Board of Affiliation

(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.

S.22 The Schools of Studies

(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.

S.23 The Finance Committee

The constitution, powers and functions of the Finance Committee shall be such as may be prescribed.

S.24 Other Authorities

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.

S.25 Statutes

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 proj

S.26 Statutes how made

(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

S.27 Ordinance

(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;

S.28 Regulations

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.

S.29 Annual Report

(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.

S.30 Annual accounts

(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.

S.31 Conditions of service of employees

*(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 also be furnished to the employee concerned.

*Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 7, sub section (1)

**Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 7, sub section (2)

S.32 Tribunal Arbitration

(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.

S.33 Provident and pension Funds

*[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.]

*Substituted by the Indraprastha Vishwavidyalaya (Amendment) Act, 1998, section 8

S.34 Disputes as to the constitution of the University authorities and bodies

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.

S.35 Filling of casual vacancies

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.

S.36 Proceedings of the University authorities or bodies not invalidated by vacancies

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.

S.37 Protection of action taken in good faith

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.

S.38 Mode of proof of University record

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.

S.39 Power to remove difficulties

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.

S.40 Transitional Provisions

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.

S.41 Completion of courses of studies of the University of Delhi in colleges or institutions affiliated to the University

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.

S.42 Statutes and Ordinances to be published in the official Gazette and to be laid before the Legislature

(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.