LexThe NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM ACT, 2009 (SINGLE DOCUMENT)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO. XXV OF 2009
(Received the assent of Governor on 15th September, 2009)
1[THE NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY,
ASSAM ACT, 2009]
AN
ACT
to provide for the establishment of a Law University and a
Judicial Academy by the name of the National 2[Law University]
and Judicial Academy, Assam at Guwahati for imparting legal
education for development of teaching and higher learning in law
with powe rs to award degrees, diplomas, and other academic
distinctions and also to impart legal training and education for
Judicial Officers.
Preamble.
Whereas it is expedient to provide for the establishment of a
Law University and a Judicial Academy by the name of the
National 2[Law University] and Judicial Academy, Assam at
Guwahati for imparting legal education for development of
teaching and h igher learning in law with powers to award
degrees, diplomas, and other academic distinctions ;
And whereas introduction of compulsory induction training
for one year to all newly recruited Judicial Officers made it
obligatory to have a well equippe d training academy to offer
comprehensive legal training and research facilities for the
Judicial Officers for the purpose of enhancing capacity and
professional competence ;
And whereas in furtherance of the said objects, the
Government has decided that teaching and research facilities
available in the 2[Law University] can also be utilized to offer
comprehensive legal training to the Judicial Officers apart from
development of teaching and higher learning in law with powers
to award degrees, diplom as, and other academic distinctions and
for matters connected therewith or incidental thereto ;
It is hereby enacted in the Sixtieth Year of the Republic of
India, as follows:-
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
2
Short title,
extent and
commencement.
1.
(1) 1[This Act may b e called the National Law University and
Judicial Academy, Assam Act, 2009.]
(2) It extents to the whole of Assam.
(3) It shall come into force at once.
Definitions. 2.
In this Act, unless the context otherwise requires, -
(a) "Academy" means the Judicial Academy, Assam mentioned
under section 3;
(b) “Authorities of the 2[Law University]" means the authorities
mentioned in section 8 ;
(c) "Board" means the Board of Management of the Academy as
mentioned under section 32 ;
(d) "Chairperson" means the Chairperson of the Board ;
(e) "Court personnel" means an employee of the establishment
of the Guwahati High Court, a court and a tribunal under the
administrative control of the High Court ;
(f) 3["Vice-Chancellor" means the Vice -Chancellor of the Law
University appointed under section 17;];
(g) "Director" means the Director of the Academy appointed
under section 35 ;
(h) "Fund" means the Judicial Training Fund mentioned in
section 37 ;
(i) "General Council" means the General Council mentioned in
section 9 ;
(j) "Government" means the Government of Assam;
(k) "High Court” means the High Court of Assam, Nagaland,
Meghalaya, M anipur, Tripura, Mizoram and Arunachal
Pradesh ;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
3
(l) "Judicial Officer" means a District Judge, a Sessions Judge,
an Additional District Judge, an Additional Sessions Judge, a
Senior Civil Judge, a Civil Judge, a J udicial Magistrate, a
Special Judicial Magistrate or a presiding officer of a court
or a tribunal under the administrative control of the
Guwahati High Court;
(m) "1[Law University] " means the National 1[Law University]
and Judicial Academy, Assam, established under section 3 of
this Act;
(n) "Member" means a member of the Board ;
(o) “prescribed” means prescribed by the Rules, Statutes and
Regulations made under this Act ;
(p) 2["Chancellor" means Chancellor of the Law University
mentioned in section 7;];
(q) "Registrar of 1[Law University]" means the Registrar of the
1[Law University] appointed under section 18.
CHAPTER II
THE 1[LAW UNIVERSITY]
Establishment of
the 1[Law
University].
3.
(1) There shall be established in the State of Assam a 1[Law
University] by the name of "the National 1[Law University]
and Judicial Academy, Assam".
(2) The 1[Law University] shall be a body corporate having
perpetual succession and a common seal and shall be capable
of entering into contract and sue and be sued by its name
represented by the Registrar of the 1[Law University].
(3) The 1[Law University] shall be fully residential and be
engaged in teaching and research in law with powers to
award degrees, diplomas, and other academic distinctions
and imparting training in allied disciplines.
(4) The main seat of the 1[Law University] shall be at Guwahati
and it may establish campuses at such other places as it may
deem fit.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
4
Objects of the
1[Law
University].
4.
The objects of the 1[Law University] shall be,-
(i) to evolve and impart comprehensive legal education and
training at all levels to achieve excellence in the working
of the Judicial Institutions;
(ii) to organise advanced studies and promote research in all
branches of law;
(iii) to disseminate legal knowledge by organizing lectures,
seminars, symposia, workshops and conferences;
(iv) to promote cultural, legal and ethical values with a view
to promote and foster the rule of law and the objectives
enshrined in the Constitution of India;
(v) to improve the ability to an alyse and present for the
benefit of the public contemporary issues of public
concern and their legal implications;
(vi) to liaise with institutions o f higher learning and research
in India and abroad;
(vii) to publish periodicals, treaties, study books, reports,
journals and other literature on all subjects relating to
law;
(viii) to hold examinations and grant degree and confer
honorary awards and other academic distinctions;
(ix) to promote legal awareness in the c ommunity for
achieving social and economic justice;
(x) to undertake study and training projects relating to law,
legislation to the members of the judicial institutions;
(xi) to do all such things as are incidental, necessary or
conducive to the attainment of all or any of the objectives
of the 1[Law University]; and
(xii) to nurture and to promote quality and excellence in legal
studies and research.
1. Subs. by Assam Act No. II of 2012.
5
Powers and
functions of the
1[Law
University].
5.
The powers and functions of the 1[Law University] shall be,-
(i) to administer and manage the 1[Law University] and such
other centers for study, research, education and
instructions as are necessary in furtherance of the objects
of the 1[Law University] and to provide for instruction in
all branches of knowledge or learning pertaining to law
and allied subjects as the 1[Law University] may deem fit;
(ii) to make provisions for training, research and for the
advancement and dissemination of knowledge of law to
all the Departments of the State Government ;
(iii) to hold examinations and to confer degrees, titles,
diplomas and other academic distinc tions on persons
subject to such conditions as the 1[Law University] may
determine and to withdraw any such degrees, titles,
diplomas and other academic distinctions subject to such
conditions as the 1[Law University] may determine;
(iv) to fix, demand and rec eive fees and other charges as may
be prescribed;
(v) to establish special centers, specialized study centers or
other units for research and Instructions as are in the
opinion of the 1[Law University] , necessary in
furtherance of its objects;
(vi) to supervise and control the residence and to regulate the
discipline of the trainee , students and staff of the 1[Law
University] and to make arrangements for promoting
their health and general welfare;
(vii) to regulate and enforce discipline among the employees
of the 1[Law University] and to take such disciplinary
measures as may be deemed necessary;
(viii) to appoint persons as professors, associate professors,
assistant professors, readers, lecturers or otherwise as
teachers and researchers of the 1[Law University] and as
other classes of employees;
1. Subs. by Assam Act No. II of 2012.
6
(ix) to institute an Award, Fellowships, Scholarships, Prizes
and Medals;
(x) to provide for printing, reproduction and publication of
research and other works and to organize exhibitions;
(xi) to sponsor and undertake training of Judicial Officers or
administrative officers of other States against payment
and to take up research in all aspects of law, justice and
social development;
(xii) to co -operate with any other organisations in the matter
of education, training and research in law, justice, social
development and allied subjects for such purposes as may
be agreed upon on such terms and conditions as the
1[Law University] may from time to time determine;
(xiii) to co -operate with institutions of higher learning in any
part of the world having objects wholly or otherwise
similar to these of the 1[Law University] by exchange of
teachers and scholars and generally in such manner as
may be conducive to the common objects;
(xiv) to receive grants, subventions, subscriptions, donations
and gifts for the purposes of the 1[Law University]
consistent with the objects for which the 1[Law
University] is established;
(xv) to accept grants of money, securities or property of any
kind or description on such terms and conditions as may
be deemed expedient;
(xvi) to raise and borrow money on bonds, mortgages,
promissory notes or other obligations or securities
founded or based upon all or any of the properties and
assets of the 1[Law University] or without any securities
and upon such terms and conditions as, it may think fit,
and to pay out of the funds of the 1[Law University], all
expenses incidental to the raising of money, and to repay
and redeem any money borrowed or debt made;
(xvii) to invest the funds of the 1[Law University] or moneys
entrusted to the 1[Law University] in or upon such
securities or deposits and in such manner as it may deem
fit and from time to time transpose any investments;
1. Subs. by Assam Act No. II of 2012.
7
(xviii) to make such Statutes, Regulations and other instruments
as may, from time to time, be considered necessary for
reservation of seats in terms of reservation policy of the
Government, for regulating the affairs and the
management of the 1[Law University] and its properties
and to alter, modify and to rescind them;
(xix) to constitute for the benefit of the academic, technical,
administrative and other staff, in such manner and subject
to such conditions as may be prescribed pension,
insurance, provident fund and gratuity and other schemes
as it may deem fit and to make such grants as it may
think fit for the benefit of the staff of the 1[Law
University] and to aid in the establishment and support of
associations, institutions, funds and trusts' for the benefit
of the staff and the students of 1[Law University]; and
(xx) to do all such other acts and things as the 1[Law
University] may consider necessary, conducive or
incidental to the attainment or enlargement of the
aforesaid objects or any of them;
(xxi) to create academic, technical, administrative, ministerial
and other posts and to make appointments thereto;
(xxii) to institute professorships, associate professorships,
assistant profes sorships, readerships, lecturer ships and
any other teaching, academic or research posts required
by the 1[Law University];
(xxiii) to regulate the expenditure and to manage the accounts of
the 1[Law University];
(xxiv) to enter into any agreement with the Central Government,
State Government, the University Grants Commission or
other Authorities for receiving grants;
(xxv) to establish and maintain within the premises of the
1[Law University] or elsewhere such 2[centers], Colleges
and Study halls as the 1[Law University] may consider
necessary and adeq uately furnish the same and to
establish and maintain such libraries and reading rooms
as may appear convenient or necessary for the 1[Law
University];
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
2.
8
(xxvi) to purchase, take on lease, or accept as gifts, or otherwise
any land or building or works, which may be necessary or
convenient for the purpose of the 1[Law University] and
on such terms and conditions as it may think fit and
proper and to construct or alter and maintain any such
building or works;
(xxvii) to sell, exchange, lease or otherwise dispose of all or any
portion of the properties of the 1[Law University] ,
movable or immovable, on such terms and conditions as
it may think fit and proper without prejudice to the
interests and activities of the 1[Law University];
(xxviii) to draw and accept, to make and endorse, to discount and
negotiate Government of India and othe r promissory
notes, bills of exchange, cheques or other negotiable
instruments;
(xxix) to execute conveyances, transfers, re -conveyances,
mortgages, leases, licences and agreements in respect of
property, movable or immovable including Government
securities belo nging to the 1[Law University] or to be
acquired for the purpose of the 1[Law University];
(xxx) to appoint in order to execute an Instrument or transact
any business of the 1[Law University] any person as it
may deem fit;
(xxxi) to give up and cease from carrying on any classes or
departments of the 1[Law University];
(xxxii) to accept grants of money, securities or property of any
kind or description on such terms and conditions as may
be deemed expedient ;
(xxxiii) to raise and borrow money on bonds, mortgages,
promissory notes o r other obligations or securities
founded or based upon all or any of the properties and
assets of the 1[Law University] or without any securities
and upon such terms and conditions as, it may think fit,
and to pay out of the funds of the 1[Law University], all
expenses incidental to the raising of money, and to repay
and redeem any money borrowed or debt made;
1. Subs. by Assam Act No. II of 2012.
9
(xxxiv) to invest the funds of the 1[Law University] or moneys
entrusted to the 1[Law University] in or upon such
securities or deposits and in such manner as it may deem
fit and from time to time transpose any investments ;
(xxxv) to make such Statutes, Regulations and other instruments
as may, from time to tim e, be considered necessary for
regulating the affairs and the management of the 1[Law
University] and its properties and to alter, modify and to
rescind them;
(xxxvi) to constitute for the benefit of the academic, technical,
administrative and other staff, in such manner and subject
to such con ditions as may be prescribed pension,
insurance, provident fund and gratuity and other schemes
as it may deem fit and to make such grants as it may
think fit for the benefit of the staff of the 1[Law
University] and to aid in the establishment and support of
associations, institutions, funds and trusts for the benefit
of the staff and the students of 1[Law University]; and
(xxxvii) to do all such other acts and things as the 1[Law
University] may consider necessary, conducive or
incidental to the attainment or enl argement of the
aforesaid objects or any of them.
Teaching in the
1[Law
University].
6.
(1) All recognized teaching of the 1[Law University] in
connection with the degrees, diplomas, certificates
including training of the Officers shall be conducted under
the Control of the General Council by the teachers and
trainers, in accordance with the syllabus prescribed by the
Regulations.
(2) The course s and curricula and the authorities responsible
for organising the teaching of such courses and curricula
shall be as prescribed by the Regulations.
2[Chancellor] of
the 1[Law
University].
7.
(1) The Chief Justice of the Guwahati Hi gh Court (High Court
of Assam, N agaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh) shall be the
2[Chancellor] of the 1[Law University] and in his absence,
the acting Chief justice of Guwahati High Court shall
discharge the functions of the 2[Chancellor.]
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
10
(2) The 1[Chancellor], when present, shall preside over the
2[Convocation] of the 3[Law University] and the meetings
of the General Council.
(3) The 1[Chancellor] may himself inspect at any time or may
also direct inspection to be made by such person or persons
as he may direct, of the 3[Law University] , its buildings,
libraries and equipment and of any institution maintained
by the 3[Law University], and also of the schedule training,
examinations, teaching and other work conducted or done
by the 3[Law University] and cause an inquiry to be made
in the like manner in respect of any matter connected with
the administration and finances of the 3[Law University].
(4) The 1[Chancellor] may offer such advice to the 2[Law
University] as he may deem fit with reference to the result
of such inspection or inquiry.
(5) The 3[Law University] shall communicate to the
1[Chancellor] the action taken or proposed to be taken on
such advice.
(6) In case of differences among the authorities or officers of
the 3[Law University] on any matter which cannot be
otherwise resolved, the decision of the 1[Chancellor] shall
be final.
(7) The 1[Chancellor] may invite a person or persons of eminence in
law and legal education to advise the 2[Law University] in
relation to affairs of the 3[Law University] as and when he
deems it necessary.
CHAPTER III
AUTHORITIES OF THE 3[LAW UNIVERSITY]
Authorities of
the 3[Law
University].
8.
The following shall be the authorities of the 3[Law University]:--
(a) the General Council;
(b) the Executive Council;
(c) the Academic Council;
(d) the Finance Committee, and
such other authorities as may from time to time be declared as such
by the General Council.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
11
General Council
and its terms of
Office.
9.
(1) The General Council shall consist of the following persons:-
(i) Chief Justice of the Guwahati High Court as
1[Chancellor];
(ii) Any Former 1[Chancellor] on invitation of the
1[Chancellor];
(iii) two sitting or retired judges of Guwahati High Court,
nominated by the 1[Chancellor];
(iv) Advocate General of Assam;
(v) 2[Vice-chancellor] of the 3[Law University] will be the
Member-Secretary of the General Council;
(vi) an eminent educationist nominated by the Government
of Assam;
(vii) 4[Chairman of the Bar Council of India or a nominee of
the Chairman from amongst the members of the Bar
Council of India;];
(viii) Chairman, Bar Council of Assam ;
(ix) two eminent persons in the disciplines of Social
Sciences and Humanities nominated by the
1[Chancellor];
(x) Director of the Judicial Academy established under this
Act;
(xi) two eminent persons in legal or educational field,
nominated by the 1[Chancellor];
(xii) four members from the Government of Assam among
whom, one shall be the Chief Secretary to the
Government of Assam, one shall be the Principal
Secretary to the Government of Assam, Fina nce
Department and one shall be the Legal Remembrancer
and Secretary to the Government of Assam, Judicial
Department, and one shall be the Secretary to the
Government of Assam, Higher Education Department
(xiii) the Registrar of the 3[Law University]; and
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
4. Subs. by Assam Act No. II of 2012.
12
1[(xiv) all the Professors, who are the Heads of
Departments/Centers in the Law University;];
2[(xv) one Senior Sitting Judge of the Gauhati High Court,
nominated by the Chancellor.]
(2) (i ) where a person has become a member of the General
Council by reason of the post or appointment he holds,
his membership shall be coterminus with the post held by
him.
(ii) the term of office of the nominated members of the
General Council other than the ex -officio members shall
be three years;
(iii) a member of the General Council shall cease to be a
member if he resigns or becomes of unsound mind, or
insolvent or is convicted of a criminal offence involving
moral turpitude;
(iv) a member of the General Council other than an ex -officio
member may resign his office by a letter addressed to the
3[Chancellor] and such resignation shall take effect as
soon as it has been accepted ; and
(v) any such vacancy in the General Council shall be filled
by nomination by the respective nominating authority and
on expiry of the period of the vacancy, such nomination
shall cease to be effective.
Powers,
functions and
meetings of the
General Council.
10.
(1) The General Council shall be the plenary authority of the
4[Law University] and shall formulate and review from time
to time the broad policies and programmes of the 4[Law
University] and devise measures for the improvement and
development of the 4[Law University] and shall also have the
following powers and functions, namely:-
(i) to consider and pass the annual report, financial
statement and the budget estimates prepared by the
Executive Council and to adopt them with or without
modification;
1. Subs. by Assam Act No. II of 2012.
2. Ins. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
4. Subs. by Assam Act No. II of 2012.
13
(ii) to make statutes concerning the administration of the
affairs of the 1[Law University] including prescribing
the procedures to be followed by the authorities and the
officers of the 1[Law University] in the discharge of
their functions; and
(iii) to recommend the person to be appointed as 2[Vice-
chancellor] of the 1[Law University] from out of t he
panel prepared by the Selection Committee appointed
by the Executive Council, and proposed by it.
(2) (i) the General Council shall meet at least once in a year. An
annual meeting of the General Council shall be held on a
date to be fixed by the Executi ve Council, unless some
other date has been fixed by the General Council in
respect of any year;
(ii) a report of the working of the 1[Law University] during
the previous year, together with a statement of receipts
and expenditure, duly audited balance sheet, and the
financial estimates shall be presented by the 2[Vice-
chancellor] of 1[Law University] to the General Council
at its annual meetings;
(iii) meeting of the General Council shall be called by the
2[Vice-chancellor] of 1[Law University] either at the
request of not less than five members of the General
Council or on the direction of the 3[Chancellor];
(iv) for every meeting of the General Council, fift een days
notice shall be given;
(v) one-third of the members existing on the rolls of the
General Council shall form the quorum;
(vi) each member shall have one vote and if there be equality
of votes on any question to be determined by the General
Council, the person presiding over the meeting shall, in
addition, have a casting vote; and
(vii) in case of difference of opinion among the members, the
opinion of the majority shall prevail.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
14
Executive
Council.
11.
(1) The Executive Council shall consist of the following persons,
namely:-
(i) the 1[Vice-chancellor] of the 2[Law University];
(ii) 3[Chairman of the Bar Council of lndia or a nominee of
the Chairman from amongst the members of the Bar
Council of India;]
(iii) the Chairman, Bar Council of the State of Assam;
(iv) one Judge of the High Court, either sitting or retired
nominated by the 4[Chancellor];
(v) Principal Secretary to the Government of Assam, Finance
Department,
(vi) Legal Remembrancer and Secretary to the Government of
Assam, Judicial Department,
(vii) Registrar General of the Guwahati High Court;
(viii) Secretary to the Government of Assam, Higher Education
Department;
(ix) Secretary to the Government of Assam, Personnel
Department ;
(x) the Registrar of the 2[Law University];
(xi) one Senior Grade -I, Judicial Officer, nominated by the
4[Chancellor];
(xii) three Senior teachers to be nominated by the 1[Vice-
chancellor] of the 2[Law University] of whom, as far as
possible, one shall be amongst Heads of the Departments,
one from Professors and one from Associate Professors.
(2) 5[The Vice Chancellor shall be the Chairman of the
Executive Council.]
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
4. Subs. by Assam Act No. II of 2012.
5. Subs. by Assam Act No. II of 2012.
15
(3) (i) Where a person has become a member of the Executive
Council by reason of the offi ce or appointment he holds,
his membership shall be co -terminus with the office held
by him ;
(ii) The term of office of the nominated members of the
Executive Council other than ex-officio members shall be
three years;
(iii) A member of the Executive Council shall cease to be
member, if he resigns or becomes of unsound mind or
becomes insolvent or is convicted of a criminal offence
involving moral turpitude. A member, other than the
1[Vice-chancellor] of the 2[Law University] or Registrar
of the 2[Law University] or teachers, shall also cease to be
a member if he accepts a full time appointment in the
2[Law University] or if he being a teacher fails to attend
three consecutive meetings of the Executive Council
without the leave of the 1[Vice-chancellor] of the 2[Law
University];
(iv) A member of the Executive Council other than an ex -
officio member may resign his office by a letter addressed
to the 1[Vice-chancellor] of the 2[Law University] and
such resignation shall take effect as soon as it has been
accepted by him;
(v) Any such vacancy in the Executive Council shall be filled
by nomination by the respective nominating authority and
on expiry of the period of vacancy, such nomination shall
cease to be effective.
Powers,
Functions and
Meetings of the
Executive
Council.
12.
(1) Subject to the provision of section 10, the Executive Council
shall be the Chief Executive Authority of the 2[Law
University] and as such shall have all powers necessary to
administer the 2[Law University] subject to the provisions of
this Act and the Statutes made there under and may make
Regulations for that purpose and also with respect to matters
provided hereunder;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
16
(2) The Executive Council shall have the following powers and
functions :-
(i) to propose as and when required to the General Council
for appointment as 1[Vice-chancellor] of the 2[Law
University], a panel of three names after considering the
recommendations of Selection Committee constituted for
that purpose by it;
(ii) to recommend the names of three persons to the
3[Chancellor] for appointment as Registrar of the 2[Law
University] on the recommendations of the Selection
Committee constituted for that purpose by it;
(iii) to prepare and present to the General Council at its annual
meetings:-
(a) a report on the working of the 2[Law University];
(b) a statement of accounts; and
(c) budget proposals for the ensuing academic year ;
(iv) to manage and regulate the finances, accounts,
investments, properties, business and all other
administrative affairs of the 2[Law University] and for
that purpose, constitute committees and delegate the
powers to such committees or such officers of the 2[Law
University] as it may deem fit;
(v) to invest any money belonging to the 2[Law University],
including any unapplied income, in such stock, funds,
shares or securities, as it may, from time to time, think fit,
or In the purchase of immovable property in India, with
the like power of varying such investments from time to
time;
(vi) to transfer or accept transfers of any movable or
Immovable property on behalf of the 2[Law University];
(vii) to enter into, vary, carryout and cancel contracts on
behalf of the 2[Law University] and for that purpose to
appoint such officers as it may think fit;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
17
(viii) to provide the buildings, premises, furniture and
apparatus and other means needed for carrying on the
work of the 1[Law University];
(ix) to entertain, adjudicate upon, and if it thinks fit, to redress
any grievances of the officers, the teachers, the students
and the employees of the 1[Law University];
(x) to create teaching, administrative, ministerial and other
necessary posts, to determine the number and
emoluments of such posts, to specify the minimum
qualifications for appointment to such posts on such
terms and conditions of service as may be prescribed by
the Regulations made in this behalf;
(xi) to appoint examiners and moderators, and if necessary to
remove them and to fix their fees, emoluments and
travelling and other allowances, after consulting the
Academic Council;
(xii) to select a common seal for the 1[Law University]; and
(xiii) to exercise such other powers and to perform such other
duties as may be considered necessary; or imposed on it
by or under this Act.
(3) (i ) the Executive Council shall meet at least once in four
months and not less than fifteen days notice shall be given
of such meeting;
(ii) the meeting of the Executive Council shall be called by
the 2[Vice-chancellor] of 1[Law University] or by the
Registrar either on their own or at the request of not less
than five members of the Executive Council;
(iii) six members of the Executive Council shall form the
quorum at any meeting ;
(iv) in case of differences of opinion among the members, the
opinion of the majority shall prevail;
(v) each member of the Executive Council shall have one
vote and if there be equalit y of votes on any question to
be determined by the Executive Council, the
3[Chancellor] of the Executive Council or as the case may
be, the Member presiding over that meeting shall, in
addition, have a casting vote;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
18
(vi) every meeting of the Executive Council shall be presided
over by the 1[Vice-chancellor] of the 2[Law University]
and in his absence by a member chosen by the members
present;
(vii) If urgent action by the Executive Council becomes
necessary, the 1[Vice-chancellor] of the 2[Law University]
may permit the business to be transacted by circulation of
papers to the members of the Executive Council. The
action so proposed to be taken shall not be taken unless
agreed to by a majority of members of the Executive
Council. The action so taken shall be forthwith intimated
to all the members of the Executive Council.
The papers shall be placed before the next meeting of the
Executive Council for confirmation.
Academic
Council.
13.
(1) The Academic Council shall consist of the following persons,
namely:-
(i) the 1[Vice-chancellor] of the 2[Law University] who
shall be the Chairman thereof;
(ii) one Judge of the Guwahati High Court, either sitting or
retired, nominated by the President;
(iii) Registrar General of the Guwahati High court ;
(iv) the Registrar of the 2[Law University];
(v) three persons from amongst retired Judges of the High
Court or educationists of repute or men of letters or
members of the legal professions or eminent public
men, who are not in the service of the 2[Law
University], nominated by the 3[Chancellor];
(vi) all the Heads of the Departments of the 2[Law
University];
(vii) all Professors other than the Heads of the Department;
and
(viii) two members of the teaching staff, one each
respectively representing the associate and assistant
professors of the 2[Law University] nominated by the
1[Vice-chancellor] of 2[Law University] for the term
specified;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
19
(ix) a nominee of the Bar Council of India ;
(x) a nominee of the Bar Council of Assam ;
(2) The term of the members other than ex -officio members and
those whose term is not specified by any of the clauses of
sub-section (1) shall be three years:
Provided that the term of the members of the f irst
Academic Council shall be five years.
Powers,
functions and
meetings of the
Academic
Council.
14.
(1) Subject to the provisions of the Act, Statutes and Regulations
1[****] the Academic Council shall manage the academic
affairs and matters of the 2[Law University] and in particular
shall have the following powers and functions, namely:-
(i) to report on any matter referred or delegated to it by the
General Council or the Executive Council;
(ii) to make recommendations to the Executive Council
with regard to the creation, abolition or classification of
teaching posts in the 2[Law University] and the
emoluments payable and the duties attached thereto;
(iii) to formulate and modify or revise schemes for the
organisation of the faculties, and to assign to such
faculties their respective subjects and, also to report to
the Executive Council as to the expediency of the
abolition or sub -division of any faculty or the
combination of one faculty with another;
(iv) to recommend arrangements for the training, instruction
and examination of persons other than those enrolled in
the 2[Law University];
(v) to promote research within the 2[Law University] and to
require from time to time, reports on such research;
(vi) to consider proposals submitted by the faculties;
(vii) to suggest policies for admissions to the 2[Law
University];
3[* * * * *]
1. Omitted by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Omitted by Assam Act No. II of 2012.
20
(viii) to fix, subject to any conditions accepted by the General
Council, the time, mode and conditions of competition
for Fellowships, Scholarships and other prizes and to
recommend for award the same;
(ix) to make recommendations to the Executive Council in
regard to the appointment of examiners and if necessary
their removal and fixation of their fees, emoluments and
travelling and other expenses;
(x) to recommend arrangements for the conduct of
examinations and the dates for holding them;
(xi) to declare or review the result of the various
examinations or to appoint committees or officers to do
so, and to make recommendations regarding the
conferment or grant of degrees, honours, d iplomas,
licenses, titles and marks of honour;
(xii) to recommend stipends, scholarships, medals and prizes
and to make other awards in accordance with the
Regulations and such other conditions as may be
attached to the awards;
(xiii) to approve or revise lists of p rescribed or recommended
text books and to publish the same and syllabus at the
prescribed courses of study;
(xiv) to approve such forms and registers as are, from time to
time, required by the Regulations; and
(xv) to perform, in relation to academic matters, all such
duties and to do all such acts as may be necessary for
the proper carrying out of the provisions of this Act and
the Regulations made there under.
(2) (i ) The Academic Council shall meet as often as may be
necessary, but not less than two times during an
academic year;
(ii) one half of the existing members of the Academic
Council shall form the quorum for a meeting of the
Academic Council;
(iii) in case of difference of opinion among the members,
the opinion of the majority shall prevail;
21
(iv) each member of the Academic Council, including the
Chairman of the Academic Council, have one vote and
if there be an equality of votes on any question to be
determined by the Academic Council, the Chairman of
the Academic Council, or as the case may be, t he
member presiding over the meetings, shall in addition,
have a casting vote;
(v) every meeting of the Academic Council shall be
presided over by the 1[Vice-chancellor] of 2[Law
University] and in his absence by a member chosen in
the meeting to preside on the occasion;
(vi) if urgent action by the Academic Council becomes
necessary, the Chairman of the Academic Council may
permit the business to be transacted by circulation of
papers to the members of the Academic Council. The
action proposed to be taken shall not be taken unle ss
agreed to, by a majority of the members of the
Academic Council. The action so taken shall forthwith
be intimated to all the members of the Academic
Council. The papers shall be placed before the next
meeting of the Academic Council for confirmation.
Finance
Committee.
15.
(1) There shall be a Finance Committee constituted by the
Executive Council consisting of the following:--
(i) the 1[Vice-chancellor] of 2[Law University] ;
(ii) the Registrar of 2[Law University]; and
(iii) three members nominated by the Executive Council
from amongst its members out of whom at least one
shall be from those nominated by the 3[Chancellor] and
one from among them nominated by the Government of
Assam
(2) The members of the Finance Committee other t han the
1[Vice-chancellor] of 2[Law University] and Registrar of
2[Law University], shall hold office so long as they continue
as members of the Executive Council.
(3) The functions and duties of the Finance Committee shall be
as follows:-
(i) to examine and scrutinize the annual budget of the
2[Law University] and to make recommendations on
financial matters to the Executive Council;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
22
(ii) to consider all proposals for new expenditure and to
make recommendations to the Executive Council.
(iii) to consider the periodical statement of accounts and to
review the finances of the 1[Law University] from time
to time and to consider reappropri ation statements and
audit reports and to make recommendations to the
Executive Council;
(iv) to give its views and to make recommendations to the
Executive Council on any financial question affecting
the 1[Law University] either on its own initiative or on
reference from the Executive Council or the 2[Vice-
chancellor] of 1[Law University].
(4) The Finance Committee shall meet at least thrice in every
year. Three members of the Finance Committee shall form
the quorum.
(5) The 2[Vice-chancellor] of 1[Law University] shall preside
over the meetings of the Finance Committee, and in his
absence, the Registrar of 1[Law University] shall preside. In
case of difference of opinion among the members, the
opinion of the majority of the members present shall prevail.
3[Academic
Planning Board.
15A. (1) There shall be an Academic Planning Board consisting of the
following :-
(i) the Vice-Chancellor;
(ii) ten members who shall be academic persons to be
nominated by the Exec utive Council on the
recommendation of the Vice-Chancellor.
(2) All the members of the Board, other than the Vice -
Chancellor, shall hold officer for term of three years.
(3) The Board may design and formulate appropriate plans for
development and expansion of the University and it may, in
addition, advise the Executive Council and the Academic
Council on any matter which it may deem necessary for the
fulfillment of the objects of the University.
(4) The Board may constitute such committee as may be
necessary for planning and monitoring the programmes of
the University.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Ins. by Assam Act No. II of 2012.
23
(5) The Board shall meet at such intervals as is deemed
expedient but at least once in a year.
CHAPTER-IV
OFFICERS OF THE 1[LAW UNIVERSITY]
Officers of the
1[Law
University].
16.
The following shall be the officers of the 1[Law University]:-
(a) the 2[Vice-chancellor] of the [Law University];
(b) the Registrar of the 1[Law University];
(c) Heads of the Departments;
(d) such other officer as may be prescribed by the Statutes or
Regulations.
The 2[Vice-
chancellor] of
1[Law
University].
17.
(1) The 2[Vice-chancellor] of the 1[Law University] shall be an
academic person and an outstanding scholar in law with
published works of high quality to his credit or a person who
has been a judge of the High Court. He should, in the
estimation of the General Council, be capable of providing
effective leadership to the 1[Law University] community. He
shall be appointed by the 3[Chancellor] on the basis of the
recommendations of the General Council from out of the panel
prepared by the Selection Committee appointed by the
Executive Council and proposed by t he Executive Council.
The term of the o ffice of the 2[Vice-chancellor] of the 1[Law
University] is initially for a period of not more than three
years and he is eligible for re -appointment. On the expiry of
his term, he shall continue in office until his s uccessor is
appointed or an alternative arrangement is made by the
3[Chancellor,] whichever is earlier.
(2) The 2[Vice-chancellor] of 1[Law University] shall, -
(i) ensure that the provisions of this Act, Statutes and
Regulations are duly observed, and he shall have all
powers as are necessary for that purpose;
(ii) convene the meetings of the General Council, the
Executive Council, the Academic Council and shall
perform all other acts, as may be necessary to give
effect to the provisions of this Act;
`
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
24
(iii) preside over the meetings of the General Council in the
absence of the 1[Chancellor];
(iv) be the competent authority to appoint the teachers,
librarians, Accounts Officer and other officers in
consultation with the 1[Chancellor] on the
recommendations of the Selection Committee appointed
by the Executive Council thereof for that purpose in
accordance with the guidelines prescribed;
(v) be the competent authority to take disciplinary action
against the above officers in accordance with the
procedure prescribed;
(vi) have all powers relating to the maintenance of proper
discipline in the 2[Law University];
(vii) if, in the opinion of the 3[Vice-chancellor] of 2[Law
University], any emergency has arisen which requires
immediate action be taken, he shall take such action as
he may deem fit and shall report the same for
confirmation in the next meeting of the aut hority which
in the ordinary course would have dealt with the matter.
The Registrar of
2[Law
University].
18.
(1) The Registrar of the 2[Law University] shall be appointed by
the 1[Chancellor] on the recommendations of the Selection
Committee appointed by the Executive Council on such
terms and conditions of service as it may specify, subject to
the provisions of Statutes and Regulations.
(2) (i ) Except those authorities, committees and other bodies
where 3[Vice-chancellor] is the Member -Secretary, the
Registrar of the 2[Law University] shall be Ex -Officio
Member-Secretary of all the authorities, Committees and
other bodies of the 2[Law UnExcerpt shown. Open the full act in Lexace.