TIBBIA COLLEGE ACT, 1952

S.1 Short title and commencement

(1) This Act may be called the Tibbia College Act, 1952.

(2) It shall come into force on such date1 as the Chief Commissioner may, be notification in the Official Gazette, appoint.

1. Substituted by Adaptation of Laws Order 1957 for 'Delhi State Government'

S.2 Definitions

In this Act —

• (a) "Board" means the Tibbia College Board;
• (b) "Chief Commissioner" means the Chief Commissioner, Delhi; and
• (c) "Prescribed" means prescribed by rules made under this Act.

S.3 Incorporation

(1) With effect from such date as the Chief Commissioner may, by notification in the Official Gazette, appoint hereinafter referred to in this Act as "the appointed day" the entire management and control of the Ayurvedic and Unani Tibbia College, Delhi, now vested in the Board of Trustees of the Ayurvedic and Unani Tibbi College, Delhi, shall be vested in a Board to be called "the Tibbia College Board".

(2) The Board shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

S.4 Constitution of the Board

(1) The Board shall consist of not more than 9 members to be nominated by the Chief Commissioner and shall include the following, namely—

• (a) An officer of the Directorate of Health Services, 1[Delhi Administration];
• (b) An Officer of the Finance Department, 1[Delhi Administration];
• (c) A prominent practitioner of the Ayurvedic System of Medicine;
• (d) A prominent practitioner of the Unani System of Medicine.

(2) The Commissioner shall nominate a member of the Board to be the Chairman thereof.

(3) The Chairman shall, with the previous approval or the Chief Commissioner, appoint a person to be the Secretary of the Board.

(4) The Principal of the Ayurvedic and Unani Tibbia College, Delhi, shall have the right of being present at any meeting of the Board and of taking part in the discussion thereat as if he were a member of the Board, but he shall not have the right of vote.

1. Substituted by Adaptation of Laws Order 1957 for 'Delhi State Government'

S.5 Resignation from an office by a member

A member of the Board may resign his office by giving notice in writing to the Chief Commissioner and shall on such resignation being accepted by the Chief Commissioner be deemed to have vacated his office.

S.6 Term of office and casual vacancies

(1) A nominated member of the Board shall hold office for such term as the Chief Commissioner may direct.

(2) A casual vacancy in the office of a nominated member of the Board shal be filled by fresh nomination and the new member so nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he fills was nominated.

S.7 Powers of the Board

The Board shall exercise the following powers and perform the following duties, namely -

• (a) to maintain the Ayurvedic and Unani Tibbia College Delhi, with a view to impart higher education to men and women in the Ayurvedic and Unani Systems of Medicine and to promote and conduct research in the same;
• (b) to maintain and improve the Hindustani Dawa Khana and Rasayanshala;
• (c) To provide for studies to enable incorporation, where necessary, of the principle of the modern system of medicine and surgery in order to help the scheme of studies for the Ayurvedic and Unani Systems according to the exigencies of time;
• (d) to help produce and publish books in order to facilitate the carrying out of the objects specified in the clauses (a) to (c);
• (e) to receive gifts, donations or benefactions from Government and to receive bequests, donations, and transfer of movable immovable properties from trustees, donors or transferors, as the case may be;
• (f) to deal with any property belonging to or vested in the Board in such manner as the Board may deem fit for advancing the objects specified in clauses (a) to (d);
• (g) to do all such things as may be necessary, incidental or conducive to the atainment of all or any of the objects specified in clauses (a) to (d).

S.8 Validity of acts of Board not to be questioned by reason of vacancy, etc

No act of the Board shal be deemed to be invalid merely by reason of any vacancy in, or any defect in the constitution of the Board.

S.9 Dissolution and transfer of property of the Board of Trustees of the Ayurvedic and Unani Tibbia College, Delhi

(1) As from the appointed day, the Board of Trustees of the Ayurvedic and Unani Tibbi College, Delhi, a society registered under the provisions of the Registration of Societies Act, 1860 (21 of 1860), on the 12th day of August, 1911, by the name Anjuman-i-Tibbia whose purpose, constitution and name was amended on 25th November, 1915, shall stand dissolved and all property, movable and immovable, and all rights, powers and privileges of the said society which immediately before the appointed day belonged to or were vested in the said society shall vest in the Board and shall be applied for the purposes for which the Board is constituted.

(2) As from the appointed day all debts and liabilities of the said society shall stand transferred and attached to the Board and thereafter be discharged and satisfied by the Board.

(3) Any will deed or other document whether made or executed before or after the commencement of this Act, which contains any bequests, gifts, or trust in favour of the said society shall, as from the appointed day, be construed as if the Board were therein named instead of the said Society.

S.10 Creation of the Tibbia College Fund

The Board shall, in accordance with the rules made by the Chief Commissioners in this behalf, create and maintain a fund to be called the Tibbia College Fund into which all receipts and income of the Board shall be paid and out of which all expenses and disbursements of the Board shall be met.

S.11 Power of Chief Commissioner to give directions

The Chief Commissioner may give to the Board such directions as he may deem fit and necessary and the Board shall carry out those directions.

S.12 Approval of the Chief Commissioner to Board's budget

(1) The Board shall frame a budget for every financial year and submit it to the Chief Commissioner for approval.

(2) The Chief Commissioner may approve the budget with or without modifications.

S.13 Power to supersede the Board

(1) If the Chief Commissioner is of opinion that the Board is unable to perform, or has persistently made default in the performance of, the duties imposed on it by or under this Act, or has exceeded or abused its powers, the Chief Commissioner may by notification in the Official Gazette supersede the Board for such period as may be specified in the notification :

Provided that before issuing a notification under this Sub-section, the Chief Commissioner shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Board.

(2) Union the publication of the notification under sub-section (1) superseding the Board —

• (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members;
• (b) all the powers and duties which may by or under the provisions of this Act, be exercised or performed by or on behalf of the Board, shall, during the period of supersession, be exercised and performed by such person or persons as the Chief Commissioner may direct; and
• (c) all property vested in the Board shall, during the period of supersession, vest in the 1[Central Government]

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Chief Commissioner may —

• (a) extend the period of supersession for such further term as he may consider necessary, or
• (b) reconstitute the Board in the manner provided in section 4.

1. Substituted by Adoptation of Laws Order 1957 for "Delhi State Government."

S.14 Appointment of Advisory Council

(1) The Chief Commissioner may constitute, an Advisory Council to advise the Board on such matters may be prescribed.

(2) The number and term of office of, the procedure to be followed by, and the manner of filling casual vacancies among members of the Advisory Council shall be such as may be prescribed.

S.15 Power to make rules

(1) The Chief Commissioner may, by notification in the Official Gazette, make rules to carry out the objects of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for

• (a) the manner in which the funds belong to the Board shall be deposited or invested.
• (b) the mode of authentication of orders for payment of money by the Board;
• (c) the form in which accounts shall be kept by the Board and audit and publication of such accounts;
• (d) creation of the fund under section 10; and
• (e) the functions of the procedure to be followed be, the number and term of office of, and the manner of filling casual vacancies among, members of the Advisory Council under Section 14.

S.16 Power of Board to make regulations

The Board may with the previous approval of the Chief Commissioner make regulations not inconsistent with the provisions of this Act for all or any of the following purposes, namely :—

• (a) the manner in which meetings of the Board shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings;
• (b) the manner in which a majority decision of the Board shall be obtained by circulation to the members of the matter requiring decisions;
• (c) the appointment of such officers and servants as may be necessary for the purpose of carrying out the objects specified in section 7 and their terms and conditions of service.