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THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT,
2016
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER-II
THE UNIVERSITY
3. Establishment of the University.
4. Objects of the University.
5. Powers and functions of the University.
6. Teaching in the University.
7. Visitor of the University.
8. Chancellor of the University.
9. Vice-Chancellor of the University.
CHAPTER- III
AUTHORITIES OF THE UNIVERSITY
10. Authorities of the University.
11. The Governing Council and its constitution.
12. Term of office of members of the Governing Council.
13. Powers of the Governing Council.
14. Meetings of the Governing Council.
15. Executive Council.
16. Constitution of the Executive Council.
17. Term of office of the members of the Executive Council.
18. Powers and functions of the Executive Council.
19. Meetings of the Executive Council.
20. Academic Council.
21. Constitution of the Academic Council.
22. Powers and functions of the Academic Council.
2 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
23. Meetings of the Academic Council.
24. Transitory powers of the Vice-Chancellor.
CHAPTER-IV
COMMITTEES
25. Finance Committee.
26. Powers and functions of the Finance Committee.
27. Samadhan Committee.
28. Selection Committee.
29. Standing Committee and ad- hoc committees.
CHAPTER-V
OFFICERS OF THE UNIVERSITY
30. Officers of the University.
31. The Vice-Chancellor.
32. The Registrar.
33. Heads of Department.
34. Other officers and employees.
35. Statutes and regulations.
36. Appointment of first Vice-Chancellor and first Registrar.
37. Discipline.
38. Deemed validity of appointments.
CHAPTER-VI
FINANCE
39. University Fund.
40. Annual accounts and financial estimates.
CHAPTER- VII
ENROLMENT AND DEGREE
41. Qualifications for admission of students.
42. University to follow Government policy in regard to
reservation.
43. Terms and conditions of study.
44. Honorary degree.
45. Withdrawal of degree or diploma.
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 3
CHAPTER-VIII
GENERAL
46. Execution of contracts.
47. University to follow rules, regulations, norms of the
regulating bodies.
48. Appointment of Review Commission.
49. Officers and employees to be public servant.
50. Proceedings not invalidated by vacancies.
51. Protection of action taken in good faith.
52. Sponsored Scheme.
53. Power to remove difficulties.
54. Repeal of H.P. Ordinance No. 2 of 2016 and savings.
___________
THE HIMACHAL PRADESH NATIONAL LAW
UNIVERSITYACT, 2016
(ACT NO. 16 OF 2016)1
(Received the assent of the Governor on the 28th September, 2016 and
was published both in Hindi and English in the Rajpatra, Himachal Pradesh,
dated 1st October, 2016, pp.4719-4769).
An Act to provide for the establishment of a University by the name of
Himachal Pradesh National Law University, Shimla and for
matters connected therewith or incidental thereto for
advancement of cause of learning, teaching, research and
dissemination of knowledge in the field of law.
WHEREAS, it is considered necessary to encourage the establishment
of a national level institution of excellence in the field of legal education and
research in the State of Himachal Pradesh;
AND WHEREAS, in furtherance to this object, the Government of
Himachal Pradesh and the High Court of Himachal Pradesh have taken unto
themselves the complete project of developing the integrated complex and
running the National Law University at Shimla, for attainment of this object;
AND WHEREAS, it is deemed expedient to establish the National
Law University for the purpose hereinbefore appearing.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixty-seventh Year of the Republic of India as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 31stAugust, 2016,
pp. 4106 and 4130.
4 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
CHAPTER- I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the
Himachal Pradesh National Law University Act, 2016.
(2) It shall be deemed to have come into force on 1stday of July, 2016.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Academic Council” means the Academic Council of the
University;
(b) “Bar Council” means the Bar Council of Himachal Pradesh
constituted under the Advocates Act, 1961 (25 of 1961);
(c) “Bar Council of India” means the Bar Council of India
constituted under the Advocates Act, 1961 (25 of 1961);
(d) “Chancellor” means the Chancellor of the University;
(e) “Chief Justice” means the Chief Justice of the High Court of
Himachal Pradesh and includes the Judge performing the
duties of the Chief Justice of the High Court of Himachal
Pradesh in absence of the Chief Justice;
(f) “Executive Council” means the Executive Council of the
University;
(g) “Finance Committee” means the Finance Committee of the
University;
(h) “Governing Council” means the Governing Council of the
University;
(i) “Government” means the Government of Himachal Pradesh;
(j) “prescribed” means prescribed by regulations or statutes
made under this Act;
(k) “Registrar” means the Registrar of the University;
(l) “regulating body” means a body established by the Central
Government for laying down norms and conditions for
ensuring academic standards of higher education, such as the
University Grants Commission, Bar Council of India, and
includes the Government;
(m) “statutes and regulations” means the “statutes” and
“regulations” respectively of the University made under this
Act;
(n) “student” means a person enrolled in the University for taking
a course of study for a degree, diploma or other academic
distinction instituted by the University, including a research
degree;
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 5
(o) “teacher” means a Professor, Associate Professor or Assistant
Professor or any other person required to impart education or
to guide research or to render guidance in any form to the
student for pursuing a course of study of the University;
(p) “University” means the Himachal Pradesh National Law
University, Shimla established under section 3 of this Act;
and
(q) “Vice-Chancellor” means the Vice-chancellor of the
University.
CHAPTER- II
THE UNIVERSITY
3. Establishment of the University.- (1) There shall be established,
in the State of Himachal Pradesh, a University by the name of the Himachal
Pradesh National Law University, Shimla.
(2) The University shall be a body corporate by the name of
“Himachal Pradesh National Law University, Shimla” having perpetual
succession and a common seal, and may sue or be sued by the said name and
shall be competent to acquire, hold and dispose of property, both movable and
immovable and to contract and to do all things necessary for the purposes of
this Act.
(3) The seat of the University shall be at Ghandal (Shimla).
4. Objects of the University.- The objects of the University shall be,-
(a) to evolve and impart comprehensive legal education including
distant and continuing legal education at all levels to achieve
excellence;
(b) to organize advanced studies and promote research in all
branches of law;
(c) to disseminate legal knowledge and legal processes and their
role in national development by organizing lectures, seminars,
symposia, workshops and conferences;
(d) 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;
(e) to improve the ability to analyse and present for the benefit of
the public contemporary issues of public concern and their
legal implications;
(f) to liaise with institutions of higher learning and research in
India and abroad;
(g) to publish periodicals, treatises, study books, reports,
journals, magazines and other literature on all subjects
relating to law;
6 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(h) to hold examinations and confer degrees, titles, diplomas,
certificates and other academic distinctions;
(i) to promote legal awareness in the community for achieving
social and economic justice;
(j) to undertake study and training projects relating to law,
legislation and judicial institutions; and
(k) to do all such things as are incidental, necessary or conducive
to the attainment of all or any of the objectives of the
University.
5. Powers and functions of the University.- The powers and
functions of the University shall be,-
(a) to administer and manage the University and such centers
for study, research, education and instructions as are
necessary in furtherance of the objects of the University;
(b) to provide for instructions in all branches of knowledge or
learning pertaining to law and allied subjects as the
University may deem fit;
(c) to make provisions for research and for the advancement
and dissemination of knowledge of law including through
distance learning continuing education programmes;
(d) to institute degrees, titles, diplomas, certificates and other
distinctions;
(e) to hold examinations and to confer degrees, titles, diplomas,
certificates and other academic distinctions on persons
subject to such conditions as the University may determine
and to withdraw any such degrees, titles, diplomas,
certificates and other academic distinctions subject to such
conditions as the University may determine;
(f) to fix demand and receive fees and other charges as may be
prescribed after due intimation to the Government;
(g) to institute and maintain halls and hostels and to recognize
places of residence for the students of the University and to
withdraw such recognition accorded to any such place of
residence;
(h) to establish special centers, specialized study centers or
other units for research and instructions as are, in the
opinion of the University, necessary in furtherance of its
objects;
(i) to supervise and control the residence and to regulate the
discipline of the students and staff of the University and to
make arrangements for promoting their health and general
welfare;
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 7
(j) to make such arrangements in respect of residence,
discipline and teaching of women students;
(k) to create academic, technical, administrative, ministerial
and other posts and to make appointments thereto;
(l) to regulate and enforce discipline among the employees of
the University and to take such disciplinary measures as
may be deemed necessary;
(m) to institute professorships, associate professorships,
assistant professorships, readerships, lectureships and any
other teaching, academic or research posts required by the
University;
(n) to appoint persons as Professors, Associate Professors,
Assistant Professors, teaching assistants and visiting faculty
or otherwise as teachers and researchers of the University
and other classes of employees;
(o) to institute and award fellowships, scholarships, prizes and
medals;
(p) to provide for printing, reproduction and publication of
research and other works and to organize exhibitions;
(q) to sponsor and undertake research in all aspects of law,
justice and social development;
(r) to co-operate with any other organizations in the matter of
education, training and research in law, justice, social
development and allied subjects for such purposes as may
be agreed on such terms and conditions as the University
may from time to time determine;
(s) to co- operate with institutions of higher learning in any
part of the world having objects wholly or otherwise similar
to those of the University by exchange of teachers and
scholars and generally in such manner as may be conducive
to the common objects;
(t) to regulate the expenditure and to manage accounts of the
University;
(u) to establish and maintain within the premises of the
University such schools, colleges and study halls as the
University may consider necessary and adequately furnish
the same;
(v) to establish and maintain such libraries and reading rooms
as may appear convenient or necessary for the University;
(w) to receive grants, subventions, subscriptions; donations and
gifts for the purpose of the University consistent with the
objects for which University is established;
8 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(x) 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 University and on such
terms and conditions as it may thinks fit and proper and to
constructor alter and maintain any such building or works;
(y) to sell, exchange, lease or otherwise dispose of all or any
portion of the properties of the University, movable or
immovable, on such terms and conditions as it may thinks
fit and proper without prejudice to the interests and
activities of the University with the prior concurrence of the
Government;
(z) to draw and accept, to make and endorse, to discount and
negotiate with the Government of India and other
promissory notes, acts of exchanges, cheques or other
negotiable instruments;
(za) to execute conveyances, transfers, re-conveyances,
mortgages, leases, licences and agreements in respect of
property, movable or immovable including Government
securities belonging to the University or to be acquired for
the purpose of the University with the concurrence of the
Government;
(zb) to appoint, in order to execute an instrument or transact any
business of the University, any person as it may deem fit;
(zc) to give up and cease from carrying on any classes or
departments of the University:
Provided that the Government shall be informed
before any such cessation and no such class or department
shall be closed without ensuring that all the admitted
students have completed their study in the class or
department proposed to be closed or without making an
alternative arrangement for the continuation of their study;
(zd) to enter into agreement with the Central Government,
Government, University Grants Commission or other
authorities for receiving grants;
(ze) to accept grant of money, security or property of any kind
or description on such terms and conditions as may deem
expedient;
(zf) 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
University or without any securities and upon such terms
and conditions as it may thinks fit and to pay out of the
funds of the University, all expenses incidental to the
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 9
raising of money, and to repay and redeem any money
borrowed or debt made:
Provided that where the mortgage is to be created on
the land transferred to the University by the Government,
concurrence of the Government shall be taken before
creation of such mortgage;
(zg) to invest the funds of the University or moneys entrusted to
the 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;
(zh) to make such statutes, regulations and other instruments as
may, from time to time, be considered necessary for
regulating the affairs and the management of the University
and its properties and to alter, modify and rescind them;
(zi) 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 thinks fit
for the benefit of the staff of the 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 the University;
(zj) to confer honorary degrees and other distinctions in the
manner laid down in the regulations;
(zk) to delegate all or any of its powers to the Vice-Chancellor
or any committee or to any one or more members of its
body or its officers in accordance with the Act orthe
regulations framed thereunder; and
(zl) to do all such other acts and things as the University may
consider necessary, conducive or incidental to the
attainment or enlargement of the aforesaid objects or any of
them.
6. Teaching in the University.- (1) All teaching in connection with
the degrees, titles, diplomas and certificates of the University shall be
conducted in accordance with the syllabi prescribed by the regulations.
(2) The courses and curricula and the authorities responsible for
organizing the teaching of such courses and curricula shall be as prescribed by
the regulations.
7. Visitor of the University.- (1) The Chief Justice of India or his
nominee, who shall be senior Judge of the Supreme Court, shall be the Visitor
of the University.
10 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(2) The Visitor, when present, shall preside over the convocations of
the University and the meetings of the Governing Council.
8. Chancellor of the University.- (1) The Chief Justice shall be the
Chancellor of the University.
(2) The Chancellor shall preside over the convocations and the
meetings of the Governing Council in absence of the Visitor.
(3) The Chancellor may cause an inspection to be made by such
person or persons as he may direct, of the University, its buildings, libraries
and equipments and of any institution maintained by the University, and also
of the examinations, teaching and other work conducted or done by the
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 University.
(4) The Chancellor may offer such advice to the University as he may
deem fit with reference to the result of such inspection or inquiry.
(5) The University shall communicate to the Chancellor the action
taken or proposed to be taken on such advice.
(6) In case of differences among the authorities or officers of the
University on any matter which cannot be otherwise resolved, the decision of
the Chancellor shall be final.
(7) The Chancellor may invite a person or persons of eminence in law
and legal education to advise the University in relation to affairs of the
University as and when he deems it necessary.
9. Vice-Chancellor of the University.- (1) There shall be a Vice-
Chancellor of the University who shall be appointed in the manner as
provided under section 31.
(2) The term of the Vice-Chancellor shall be for a period of five years
or till he attains the age of sixty-five years, whichever is earlier.
CHAPTER- III
AUTHORITIES OF THE UNIVERSITY
10. Authorities of the University.- The following shall be the
authorities of the University:-
(a) the Governing Council;
(b) the Executive Council;
(c) the Academic Council;
(d) the Finance Committee; and
(e) such other authorities as may be declared by the University
by regulation to be the authorities of the University.
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 11
11. The Governing Council and its constitution.- (1) The
Governing Council shall be the supreme authority of the University and shall
have the following constitution:-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) one Judge of Supreme Court, to be nominated by the Visitor;
(d) the Attorney General of India;
(e) the Minister for Finance, State of Himachal Pradesh;
(f) the Minister for Higher Education, State of Himachal
Pradesh;
(g) the Minister for Law, State of Himachal Pradesh;
(h) two Judges of the High Court of Himachal Pradesh nominated
by the Chancellor;
(i) the Solicitor General of India;
(j) the Advocate General, State of Himachal Pradesh;
(k) the Chairperson of the University Grants Commission or his
nominee from among the members of the University Grants
Commission;
(l) the Chairman, Bar Council of India or his nominee;
(m) the Chairman, Bar Council of Himachal Pradesh;
(n) Chairman, Himachal Pradesh State Law Commission;
(o) two members of the Executive Council as are not otherwise
members of the Governing Council;
(p) an eminent scholar in the field of Humanities Social Sciences
or Law, nominated by the Chancellor;
(q) two distinguished persons, to be nominated by the
Chancellor; and
(r) two Vice-Chancellors of other Universities established by law
in the State of Himachal Pradesh, by rotation, to be
nominated by the Chancellor :
Provided that an employee of the University shall not be eligible for
nomination under the foregoing clauses:
Provided further that if Minister- in- charge of the Departments of
Finance, Higher Education or Law is Chief Minister, any Minister(s)
nominated by him shall be the member(s).
(2) The Chancellor shall be the Chairman of the Governing Council.
12 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
12. Term of office of members of the Governing Council.- (1) The
term of office of the members of the Governing Council shall be five years.
(2) When a person becomes member of the Governing Council by
virtue of his office, he shall cease to be such member if he ceases to hold that
office.
(3) When a person is nominated as a member of the Governing
Council, he shall cease to be such member if his nomination as such is
withdrawn by the nominating body or person, as the case may be.
(4) A member of the Governing Council shall cease to be a member,
if he,-
(a) tenders his resignation and such resignation is accepted; or
(b) be comes of unsound mind and stands so declared by a
competent court; or
(c) becomes undischarged insolvent; or
(d) has been convicted of an offence involving moral turpitude;
or
(e) has accepted a full time appointment to the post in the
University other than the post of Vice-Chancellor.
(5) A member of the Governing Council may, by writing, addressed
to the Chancellor, resign from his office and such resignation shall take effect
on the date it is accepted by the Chancellor.
(6) Any vacancy in the Governing Council shall be filled in by
nomination of a person by the relevant nominating authority and the person so
nominated shall hold office for so long as the member in whose place he is
nominated would have held office had the vacancy not occurred.
13. Powers of the Governing Council.- The Governing Council shall
have the following powers, namely:-
(a) to formulate and review the broad policies and programmes
of the University and suggest measures for the development
of the University and devise measures for the improvement
and development of the University;
(b) to direct the Executive Council to take such steps as are
necessary for achieving the objects of the University;
(c) to consider and pass resolution on the annual report, financial
estimates and audit reports on the accounts of the University;
(d) to make recommendations to the Chancellor for the
appointment of Vice-Chancellor out of the panel
recommended by the Selection Committee; and
(e) to make statutes concerning the administration of the affairs
of the University including prescribing the procedure to be
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 13
followed by the authorities and the office bearers of the
University in the discharge of the functions.
14. Meetings of the Governing Council.- (l) The Governing Council
shall meet at least once in a year. The annual meeting of the Governing
Council shall be held on a date fixed by the Executive Council unless some
other date has been fixed by the Governing Council in respect of a year.
(2) The Visitor, if present, and in his absence Chancellor shall preside
over the meeting of the Governing Council and in the absence of the
Chancellor, the Vice-Chancellor shall preside over the meeting.
(3) The Vice-Chancellor shall cause to be laid before the meeting of
the Governing Council, a report of the working of the previous year of the
University, the annual statement of accounts together with the report of
auditors thereon and the budget estimates and the income and expenditure for
the next financial year.
(4) The meeting of the Governing Council may be called by the
Chancellor, either of his own or at the request of not less than ten members of
the Governing Council.
(5) For every meeting of the Governing Council fifteen days notice
shall be given.
(6) One-half of the members on the rolls of the Governing Council
shall form the quorum.
(7) Each member shall have one vote and if there be equal votes on
any question, then presiding person shall have the casting vote.
(8) In case of difference of opinion among members, the opinion of
the majority shall prevail.
(9) If any urgent action is required, the Chancellor may, with the
approval of the majority of the members of the Governing Council, permit the
business to be transacted by circulation among the members of the Governing
Council. The action so proposed shall not be taken unless agreed by the
majority of members of the Governing Council. The action so taken shall
forthwith be intimated to all members of the Governing Council. In case
authority concerned fails to take decision the matter shall be referred to the
Chancellor whose decision shall be final.
(10) The report of the action so taken shall be placed before the next
meeting of the Governing Council.
15. Executive Council.- (1) The Executive Council shall be the chief
executive body of the University.
(2) The powers of administration and management of the fund and
property of the University shall vest in the Executive Council.
16. Constitution of the Executive Council.- The Executive Council
shall consist of the following members, namely:-
14 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(a) the Vice-Chancellor of the University
(b) a member of the Governing Council, nominated by the
Chancellor;
(c) the Chief Secretary to the Government or an officer not below
the rank of the Secretary to the Government, to be nominated
by him;
(d) Secretary (Finance) to the Government;
(e) Secretary (Higher Education) to the Government;
(f) LR- cum- Secretary (Law) to the Government;
(g) Secretary (Home) to the Government;
(h) three Professors of Law outside the University, to be
nominated by the Chancellor;
(i) Chairman, Bar Council of Himachal Pradesh or his nominee;
(j) a member of the Governing Council, who is an educationist,
to be nominated by the Chancellor; and
(k) two teachers of whom one shall be Professor and one shall be
Associate Professor of the University, to be nominated by the
Vice-Chancellor, by rotation.
17. Term of office of the members of the Executive Council.- (1)
The term of office of members of the Executive Council shall be three years.
(2) When a person becomes a member of the Executive Council by
reason of office or appointment he holds, his membership shall stand
terminated when he ceases to hold such office or appointment.
(3) When a person is nominated as a member of the Executive
Council, he shall cease to be such member if his nomination of such
membership is withdrawn by the nominating body or person, as the case may
be.
(4) A member of the Executive Council shall cease to be a member if
he,-
(i) tenders his resignation and such resignation is accepted; or
(ii) becomes of unsound mind and stands so declared by a
competent court; or
(iii) becomes undischarged insolvent; or
(iv) has been convicted of an offence involving moral turpitude;
or (other than the Vice-Chancellor or member of the Faculty)
has accepted a full time appointment in the University.
(5) A member of the Executive Council may, by writing addressed to
the Chancellor, resign from his office, and such resignation shall take effect
on the date it is accepted by the Chancellor.
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 15
(6) Any vacancy in the Executive Council shall be filled in by
nomination of a person by the relevant authority entitled to make the same and
the person so nominated shall hold office so long as the member in whose
place he is nominated would have held office had the vacancy not occurred.
18. Powers and functions of the Executive Council.- (1) The
Executive Council shall be the chief executive authority of the University and,
as such, shall have all powers necessary to administer the University subject
to the provisions of this Act and the statutes made thereunder; and may make
regulations for that purpose and also with respect to matters provided under
subsection(2).
(2) The Executive Council shall have the following powers and
functions, namely:-
(a) to recommend the names of three persons to the Chancellor
for appointment as Registrar of the University on the
recommendations of the selection committee constituted for
that purpose by it and headed by the Vice-Chancellor;
(b) to prepare and present to the Governing Council at its annual
meeting-
(i) a report on the working of the University;
(ii) a statement of accounts;
(iii) budget proposals for the ensuing academic year after its
due approval from the Finance Committee;
(c) to manage and regulate the finances, accounts, investments,
properties, business and all other administrative affairs of the
University and for that purpose, constitute committees and
delegate the powers to such committees or such officers of the
University as it may deem fit;
(d) to invest any money belonging to the 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;
(e) to transfer or accept transfer of any movable or immovable
property on behalf of the University :
Provided that the concurrence of the Government shall be taken
before such transfer or acceptance of any immovable property
on behalf of University;
(f) to enter into, vary, carry out and cancel contracts on behalf of
the University and for that purpose to appoint such officers as
it may think fit;
16 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(g) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the
University;
(h) to entertain, adjudicate upon, and if it thinks fit, to redress any
grievances of the officers, teachers, students and employees
of the University;
(i) 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;
(j) 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 :
Provided that the Government shall be apprised of the
fee structure fixed by the University;
(k) to select a common seal for the University; and
(l) 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.
19. Meetings of the Executive Council.- (1) The Executive Council
shall meet at least once in four months and not less than 15 days notice shall
be given of such meeting.
(2) The notice regarding meeting of the Executive Council shall be
issued by the Registrar under the instructions of the Vice-Chancellor or on the
request of the Executive Council.
(3) The Vice-Chancellor or in his absence, any member of the
Executive Council, nominated by the Vice-Chancellor, shall preside over the
meeting of the Executive Council.
(4) One- half of the members of the Executive Council shall form the
quorum at any meeting.
(5) In case of difference of opinion among the members, the opinion
of the majority shall prevail.
(6) Each member of the Executive Council shall have one vote and if
there be equality of votes on any question to be determined by the Executive
Council, the Chairman, or as the case maybe, the member presiding over that
meeting shall, in addition, have a casting vote.
(7) If urgent action by the Executive Council becomes necessary, the
Vice-Chancellor may permit the business to be transacted by circulation of
papers to the members of the Executive Council. The action so proposed shall
not be taken unless agreed to by a majority of members of the Executive
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 17
Council. The action so taken shall forthwith be intimated to all the members
of the Executive Council. In case the authority concerned fails to take
decision, the matter shall be referred to the Chancellor whose decision shall be
final.
20. Academic Council.- The Academic Council shall be the
academic body of the University. It shall have powers, subject to the
provisions of this Act and the regulations, to control, regulate and maintain
the standards of instructions, education and examination of the University and
advise the Executive Council on academic matters. It shall exercise such other
powers, and shall perform such other duties, as may be conferred or imposed
upon it by this Act or the regulations.
21. Constitution of the Academic Council.- (1) The Academic
Council shall consist of the following members, namely:-
(a) the Vice-Chancellor who shall be the Chairman;
(b) a member of the Bar Council of India, to be nominated by the
Chairman of the Bar Council of India;
(c) a member of the Bar Council of Himachal Pradesh, to be
nominated by the Chairman of the Bar Council of Himachal
Pradesh;
(d) one Dean of law faculty of any other University established
by Law in the State of Himachal Pradesh, by rotation, to be
nominated by the Government;
(e) all heads of departments;
(f) two members of the teaching staff one each representing the
Associate and Assistant Professors of the University,
nominated by the Vice-Chancellor, for a period of one year
on rotation :
Provided that an employee of the University shall not
be eligible for nomination under above category; and
(g) three persons amongst legal academicians who have achieved
their place of eminence in legal education/research and who
are not in the services of the University, to be nominated by
the Chancellor.
22. Powers and functions of the Academic Council.- Subject to the
provisions of this Act and the regulations, the Academic Council shall have
the following powers and functions, namely:-
(a) to report on any matter referred to or delegated to it by the
Governing Council or the Executive Council;
(b) to make recommendations to the Executive Council with
regard to the creation, abolition or classification of teaching
posts in the University and qualifications, emoluments and
the duties attached thereto;
18 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(c) to formulate, modify or revise schemes for the organization of
the faculties, schools, centers or specialized institutes, and to
assign to them their respective subjects and also to report to
the Executive Council as to the expediency of the abolition or
sub-division of any faculty, school, center or specialized
institute, or the combination of one with another;
(d) to make arrangements by regulations for the instruction and
examination of persons other than those enrolled in the
University;
(e) to promote research and to require reports on such research;
(f) to consider proposal submitted by faculties;
(g) to lay down policies for admission to the University.
(h) to recognize diplomas and degrees of other Universities and
institutions and to determine their equivalence in relation to
the diplomas and degrees of the University;
(i) to fix, subject to any conditions laid by the Governing
Council, the time, mode and conditions of competition for
fellowships, scholarships and other prizes, and to award the
same;
(j) to make recommendations to the Executive Council in regard
to the appointment of examiners and fixation of their fees,
emoluments and travelling and other expenses;
(k) to make arrangements for the conduct of examinations and to
fix dates for holding such examinations;
(l) to declare the result of examinations, or to appoint committees
or officers for declaration of such result, and to make
recommendations regarding the conferment or grant of
degrees, honours, diplomas, certificates, titles and marks of
honour;
(m) to award stipends, scholarships, medals and prizes and to
make other awards in accordance with the regulations and on
such conditions as may be attached to the awards;
(n) to perform, in relation to academic matters, all such duties
and to do all such acts as may be necessary for carrying out
the provisions of this Act and the regulations.
(o) 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;
(p) to approve or revise lists of prescribed or recommended text
books and to publish the same and syllabus and the prescribed
courses of study;
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 19
(q) to approve such forms and registers as are, from time to time,
required by the regulations;
(r) to formulate, from time to time, the desired standards of legal
education to be adhered to drawing up the curriculum /syllabi
for being taught in the University; and
(s) 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 thereunder.
23. Meetings of the Academic Council.- (1) The Academic Council
shall meet as many times as may be necessary, but at least once in six months.
(2) One-half of the existing members shall form the quorum for a
meeting of the Academic Council.
(3) In case of difference of opinion among the members, the opinion
of the majority shall prevail.
(4) Each member of the Academic Council, including the Chairman,
shall have one vote and if there is an equality of votes on any question to be
determined by the Academic Council, the Chairman, or, as the case may be,
the member presiding over the meetings shall, in addition, have a casting vote.
(5) Every meeting of the Academic Council shall be presided over by
the Vice-Chancellor and in his absence by a member chosen in the meeting to
preside on the occasion.
(6) 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 the papers to the members of the Academic Council. The
action so proposed shall not be taken unless 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. In case the authority
concerned fails to take decision, the matter shall be referred to the Chancellor
whose decision shall be final.
24. Transitory powers of the Vice-Chancellor.- Where any
authority of the University is not constituted, the Vice-Chancellor, with the
approval of the Chancellor, may discharge all or any of the functions of such
authority and, for that purpose, may exercise any power of such authority till
such authority is constituted.
CHAPTER- IV
COMMITTEES
25. Finance Committee.- Finance Committee constituted by the
Executive Council shall consist of the following members, namely:-
(a) the Vice-Chancellor;
(b) the Secretary (Finance) to the Government;
20 THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016
(c) three members, nominated by the Executive Council of whom
one shall be Professor:
Provided that members of the Finance Committee, other than Vice-
Chancellor and Professor shall hold office so long as they continue to be
members of Executive Council.
26. Powers and functions of the Finance Committee.- (1) The
Finance Committee shall have the following powers and functions, namely:-
(a) to examine and scrutinize the annual budget of the University
and to make recommendations on financial matters to the
Executive Council;
(b) to consider all proposals for new expenditure and to make
recommendations to the Executive Council;
(c) to consider the periodical statements of accounts and to
review the finances of the University, from time to time, to
consider re-appropriation statements and audit reports, and to
make recommendations thereon to the Executive Council; and
(d) to give views and to make recommendations to the Executive
Council on any financial matters affecting the University,
either on its own motion or on a reference from the Executive
Council or the Vice-Chancellor.
(2) The Finance Committee shall meet at least once in every six
months. Three members of the Finance Committee shall form the quorum for
a meeting.
(3) The Vice-Chancellor shall preside over the meetings of the
Finance Committee and in his absence a member elected at a meeting shall
preside.
(4) The decisions of the Finance Committee shall be taken by simple
majority of the members present and voting.
(5) All matters relating to creation of posts and grant of scales shall be
brought before the Finance Committee for its recommendations before being
placed before the Executive Council.
27. Samadhan Committee.- (1)There shall be a Dispute Samadhan
Committee to redress the dispute that may arise between the management and
staff, management and students, teachers and students and teachers and
management, comprising,-
(a) the Vice-Chancellor or his nominee;
(b) one member of the Executive Council, nominated by the
Chancellor; and
(c) one member, nominated by the Chancellor, who is not part of
any of the council or committees to the University and who is
THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT, 2016 21
a distinguished law academic with at least fifteen years’
experience in a similar institution.
(2) The Registrar shall be the convener of the Samadhan Committee.
(3) Where the dispute relates to a complaint of sexual harassment, the
Samadhan Committee shall be reconstituted by co-opting certain additional
members consistent with the law relating to sexual harassment.
(4) The Executive Council, or any smaller body, that may be
constituted by it for this purpose, shall be the Appellate Authority.
(5) The rules and regulations governing the functioning of the
Samadhan Committee and the Appellate Authority shall be as framed by the
Executive Council.
28. Selection Committee.- (1) The Executive Council shall constitute
Selection Committee for making recommendations for appointment to the
posts of Professors, Associate Professors and other teachers of the University.
(2) The Selection Committee shall consist of the following members,
namely:-
(a) the Vice-Chancellor;
(b) the Head of the Department concerned, if any, who is not
lower in rank than that of the post for which selection is to be
made;
(c) where an appointment is to be made to any academic post,
three experts nominated by the Vice-Chancellor from
amongst a panel of names recommended by the Academic
Council; and
(d) Where appointment is to be made to any administrative post,
three experts in the fields of University administration,
nominated by the Vice-Chancellor from amongst a panel of
names recommended by the Executive Council.
(3) Where an endowment from a donor is accepted by the University
for instituting a Chair, the donor may be co- opted as a member of the
Selection Committee for the purpose of filling in that post.
(4) The meeting of the Selection Committee shall be convened by the
Vice-Chancellor whenever necessary. The Vice-Chancellor or in his absence,
a member of Selection Committee nominated by him shall preside over the
meeting of the Selection Committee. Three members of the Selection
Committee of whom one shall be an expert, shall form the quorum for a
meeting of the Committee.
29. Standing Committee andExcerpt shown. Open the full act in Lexace.