The Maharashtra National Law University Act, 2014.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2014 : Mah. VI] 1
THE MAHARASHTRA NATIONAL LAW UNIVERSITY ACT, 2014
[Text as on 1st October 2024]
_________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Establishment and incorporation of universities.
4. Objects of university.
5. University open to all.
6. University to follow Government policy in regard to reservation, etc.
7. Powers and functions of university.
8. Teaching in university.
9. Chancellor of university.
9A. Pro-Chancellor.
10. Authorities of university.
11. General Council.
12. Term of office of members of General Council.
13. Powers and functions of General Council.
14. Meetings of General Council.
15. Executive Council.
16. Term of Office of Executive Council.
17. Powers and functions of Executive Council.
18. Meetings of Executive Council.
19. Constitution of Standing Committee and appointment of ad-hoc committees by Executive
Council.
20. Delegation of powers by Executive Council.
21. Academic Council.
22. Constitution of Academic Council.
23. Powers and functions of Academic Council.
24. Procedure of meetings of Academic Council.
25. Finance Committee.
25A. Planning Board.
25B. Building Committee.
26. Selection Committees.
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27. Officers of university.
28. Vice-Chancellor.
29. Registrar.
30. Head of Departments.
31. Finance and Accounts Officer.
32. Other officers and employees.
33. Provident fund, gratuity and other benefits.
34. University fund.
35. Annual accounts and audit.
36. Financial estimates.
37. Annual report.
38. Execution of contracts.
39. Eligibility for admission of students.
40. Residence of students.
41. Honorary degree.
42. Withdrawal of degree or diploma.
43. Discipline.
44. Regulations.
45. Appointment of university review commission.
46. Action not invalidated merely on ground of defect in constitution, vacancy, etc.
47. Removal of difficulties at commencement.
48. Transitory provisions.
49. Indemnity.
50. Act to have over-riding effect.
51. Sponsored schemes.
52. Power to remove difficulty.
53. Repeal of Mah. Ord. V of 2014 and saving.
SCHEDULE
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 45 of 2015 (10-11-2015)1
2. Amended by Mah. 76 of 2018
3. Amended by Mah. 45 of 2023
1 Maharashtra Ordinance No. XXI of 2015 was repealed by Mah. 45 of 2015, s. 3(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 5
MAHARASHTRA ACT No. VI OF 20141
[THE MAHARASHTRA NATIONAL LAW UNIVERSITY ACT, 2014.]
[This Act received the assent of the Governor on the 19th March 2014; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 20th March 2014.]
An Act to establish and incorporate National Law
Universities in the State for the development and
advancement of legal education and for the purposes of
imparting specialized and systematic instruction, training
and research in systems of law and for the matters
connected therewith or incidental thereto.
WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to establish and incorporate National Law
Universities in the State for the development and advancement of legal education and for the purpose
of imparting specialized and systematic instruction, training and research in systems of law and for the
matters connected therewith or incidental thereto, for the purposes hereinafter appearing ; and,
therefore, promulgated the Maharashtra National Law University Ordinance, 201 4 (Mah. Ord. V of
2014), on 18th February 2014 ;
AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State Legislature;
it is hereby enacted in the Sixty-fifth Year of the Republic of India as follows :—
1. Short title and commencement.— (1) This Act may be called the Maharashtra National Law
University Act, 2014.
(2) It shall be deemed to have come into force on the 18th February 2014.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the university referred to in
section 21 ;
(b) “Bar Council of India” means the Bar Council of India, constituted under the Advocates
Act, 1961 (25 of 1961) ;
(c) “Chancellor” means the Chancellor of the university ;
(d) “Executive Council” means the Executive Counci l of the university referred to in
section 15 ;
(e) “Finance Committee” means the Finance Committee of the university referred to in
section 25 ;
(f) “General Council” means the General Council of the university referred to in section 11 ;
(g) “Registrar” means the Registrar of the university referred to in section 29 ;
(h) “regulations” means the regulations of the university made under section 44 ;
(i) “Schedule” means the Schedule appended to this Act ;
(j) “State Government” means the Government of Maharashtra ;
(k) “teacher” includes Professors, Associate Professors, Assistant Professors, Readers,
Lecturers and any other person imparting instructions in the university ;
(l) “university” means the Maharashtra National Law University, specified in the Schedule ;
(m) “University Grants Commission” means the University Grants Commission established
under the University Grants Commission Act, 1956 (3 of 1956) ;
1 For Statement of Objects and Reasons (in English) of the L. A. Bill No. IV of 2014, see Maharashtra Government
Gazette 2014, Extraordinary No. 4, Part V-A, dated the 24th February 2014, page 22.
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(n) “Vice-Chancellor” means the Vice-Chancellor of the university.
3. Establishment and incorporation of universities. — (1) With effect from such date, as the
State Government may, by notification in the Official Gazette, appoint, there shall be established the
universities having the name and headquarters as specified in the Schedule :
Provided that, different dates may be appointed for establishing different universities.
(2) The State Government may, from time to time, by notification in the Official Gazette ,
constitute any new university under this Act by such name, at such place and with effect from such
date as may be specified in such notification, and by the said notification also insert necessary entries
in the Schedule by suitably amending the Schedule and thereupon the Sc hedule shall stand amended
accordingly :
Provided that, no such notification shall be issued except on a resolution passed by both Houses
of the State Legislature.
(3) Each university shall consist of the Chancellor, 1[The Pro-Chancellor] the Vice-Chancellor,
the General Council, the Executive Council, the Academic Council and the Registrar.
(4) Each university specified in the Schedule, shall be a body corporate by the name, having
perpetual succession and a common seal with power, subject to provisions of this Act, to acquire and
hold property both movable and immovable, and to contract and shall, by the said name, sue and be
sued.
(5) In all suits and other legal proceedings by or against the university, the pleadings shall be
signed and verified by t he Vice -Chancellor and all processes in such suits and proceedings shall be
issued to, and served on the Vice-Chancellor.
(6) The headquarters of the university referred to in sub -section (2) shall be at such place, as may
be specified by the State Government by notification in the Official Gazette.
4. Objects of university. — The objects of the university shall be to advance and disseminate
learning and knowledge of law and legal processes and their role in national development, to develop
in the students and research scholars, a sense of responsibility, to serve society in the field of law by
developing skills in regard to advocacy, legal services, legislation, law reforms and the like, to organize
lectures, seminars, symposia and conferences to promote l egal knowledge and to make law and legal
processes efficient instruments of social development, to hold examinations and confer degrees and
other academic distinctions, and to do all such things as are incidental, necessary or conducive to the
attainment of all or any of the objects of the university.
2[5. University open to all. — No person shall be excluded from any office of the university or
from any membership of any of its authorities, bodies or committees, or from appointment to any post,
on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession or
political or other opinion. It shall not be lawful for the university to impose on any person any test
whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or
a student or to hold any office therein or to graduate thereat or to enjoy or to exercise any privilege
thereof.]
6. University to follow Government policy in regard to reservation, etc. — 3[(1) The
university shall adopt the policy of the State Government and orders issued, from time to time, in
regard to the reservation for Scheduled Castes, Scheduled Tribes, De -notified Tribes ( Vimukta Jatis),
Nomadic Tribes and Other Backward Classes for appointment to different posts of teachers and non -
teaching officers and employees.]
(2) The university shall adopt the general policy of the State Government in regard to the welfare
of various categories of weaker sections of the society and minorities as directed by the State
Government from time to time.
1 These words were inserted by Mah. 76 of 2018, s. 2.
2 This section was substituted by Mah. 76 of 2018, s. 3.
3 This sub-section was substituted by Mah. 76 of 2018, s. 4.
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 7
7. Powers and functions of university.— The powers and functions of the university shall be,—
(i) to administer and manage the university and such centres for research, education and
instruction as are necessary for the furtherance of the objects of the university ;
(ii) to provide for instruction in such branches of knowledge or learning pertaining to law,
as the university may think fit and to make provision for research and for the advancement and
dissemination of knowledge of law ;
(iii) to organize and undertake extra-mural teaching and extension services ;
(iv) to hold examinations and to grant d iplomas or certificates, and to confer degrees and
other academic distinctions on persons subject to such conditions as the university may determine
and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good
and sufficient cause ;
(v) to confer honorary degrees or other distinctions in the manner laid down in the
regulations ;
(vi) to fix, demand and receive fees and other charges as may be laid down in the regulations ;
(vii) 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 ;
(viii) to establish such special centres, specialized study centres or other units for research and
instruction as are, in the opinion of the university, necessary for the furtherance of its objects ;
(ix) to supervise and control the residence and to regulate the discipline of the students of
the university and to make arrangements for promoting their health ;
1[(x) to make arrangements in respect of the residence, discipline and teaching of students ;]
(xi) to create academic, technical, administrative, ministerial and other posts and to make
appointments thereto ;
(xii) to regulate and enforce discipline among the employees of the university and to take
such disciplinary measures as may be deemed necessary ;
2[(xiii) to institute Professorships, Associate Professorships, Assistant Professorships and
any other teaching, academic or research posts, required by the university ;
(xiv) to appoint persons as Professors, Associate Professors, Assistant Professors or
otherwise as teachers and researchers of the university ;]
(xv) to institute and award fellowships, scholarships, prizes and medals ;
(xvi) to provide for printing, reproduction and publication of research and other works and
to organize exhibitions ;
(xvii) to sponsor and undertake research in all aspects of law, justice and social development ;
(xviii) to co -operate with any other organization 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 university may from time to time determine ;
(xix) to co -operate with institutions of higher learning in any part of the world having
objects wholly or partially 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 ;
(xx) to regulate the expenditure and to manage the accounts of the university ;
(xxi) to establish and maintain within the premises of the university or elsewhere such
classrooms and study halls, as the university may consider necessary and adequately furnish the
1 This clause was substituted by Mah. 76 of 2018, s. 5(i).
2 These clauses were substituted by Mah. 76 of 2018, s. 5(ii).
8 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
same and to establish and maintain such libraries and reading rooms, as may appear convenient or
necessary for the university ;
(xxii) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the
university and consistent with the objects for which the university is established ;
(xxiii) 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, on such terms and
conditions, as it may think fit and proper, and to construct, alter and maintain any such building
or works ;
(xxiv) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of
the university, movable or immovable, on such terms as it may think fit and proper without
prejudice to the interest and activities of the university :
Provided that, the university shall not sell, exchange, lease or otherwise dispose of movable
or immovable property granted by the State Government without prior approval of the State
Government or without compliance of the terms and conditions on which the State Government
has given approval ;
(xxv) to draw and accept, to make and endorse, to discount and negotiate promissory notes,
bills of exchange, cheques or other negotiable instruments ;
(xxvi) to execute conveyances , transfers, re -conveyances, mortgages, leases, licenses and
agreements in respect of property, movable or immovable, including the Government securities
belonging to the university or to be acquired for the purposes of the university ;
(xxvii) to appoint , in order to execute an instrument or transact any business of the
university, any person as it may deem fit ;
(xxviii) to give up and cease from carrying on any classes or departments of the university ;
(xxix) to enter into any agreement with the Cent ral Government, State Government,
University Grants Commission or other authorities for receiving grants ;
(xxx) to accept grants of money, securities or property of any kind on such terms as may be
deemed expedient ;
(xxxi) to raise and borrow money on bonds, mortgages, 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 think fit, and to pay out of the funds of
the unive rsity, all expenses incidental to the raising of money, and to repay and redeem any
money borrowed ;
(xxxii) to invest the funds of the university or money entrusted to the university in or upon
such securities and in such manner, as it may deem fit and f rom time to time, transpose any
investments ;
(xxxiii) to make such regulations as may, from time to time, be considered necessary for
regulating the affairs and the management of the university and to alter, modify and to rescind
them ;
(xxxiv) to constitute fund for the benefit of the academic, technical, administrative and other
staff, in such manner and subject to such conditions as may be prescribed by the regulations, such
as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it
may think fit for the benefit of any employees of the university and to aid in the establishment
and support of the associations, institutions, funds, trusts and conveyances calculated to benefit
the staff and the students of the university ;
(xxxv) to delegate all or any of its powers to the Vice -Chancellor of the university or any
committee or any sub-committee or to any one or more members of its body or its officers; and
(xxxvi) to do all such other acts and things, as the unive rsity may consider necessary,
conducive or incidental to the attainment or enlargement of the aforesaid objects or any of them.
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 9
8. Teaching in university. — (1) All recognized teaching in connection with the degrees,
diplomas and certificates of the university, shall be conducted under the control of the General Council,
by the teachers of the university, in accordance with the syllabus prescribed by the regulations.
(2) The courses and curricula and the authorities responsible for organizing such teaching shall be
as prescribed by the regulations.
9. Chancellor of university. — (1) The Chief Justice of India or his nominee, who shall be a
senior judge of the Supreme Court, shall be the Chancellor of the university.
(2) The Chancellor shall have the right to cause an inspection, to be made by such person or
persons as he may direct, of the university, 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 to cause an inquiry to be made in the like manner in respect of any matter
connected with the administration and finances of the university.
(3) The Chancellor shall, in every case give notice, to the university of his inten tion to cause an
inspection or inquiry to be made, and the university shall be entitled to appoint a representative who
shall have the right to be present and be heard at such inspection or inquiry.
(4) The Chancellor may address the Vice -Chancellor with reference to the result of such
inspection or inquiry, and the Vice-Chancellor shall communicate to the General Council, the views ·of
the Chancellor along with such advice as the Chancellor may have te ndered on the action to be taken
thereon.
(5) The General Council shall communicate through the Vice -Chancellor to the Chancellor 1[and
Pro-Chancellor] such action, if any, as it proposes to take or has been taken on the result of such
inspection or inquiry.
2[9A. Pro-Chancellor.— (1) The Chief Justice of High Court shall be the Pro -Chancellor of the
University.
(2) The Pro -Chancellor under the directio n of the Chancellor or suo motu shall have the right to
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 to cause an inquiry to
be made in the like manner in respect of any matter connected with the administration and finances of
the university.
(3) The Pro-Chancellor shall, in every case give notice, to the university of his intention to cause
an inspection or inquiry to be made, and the university shall be entitled to appoint a representative who
shall have the right to be present and be heard at such inspection or inquiry.
(4) The Pro -Chancellor may address the Vice -Chancellor with reference to the result of such
inspection or inquiry and the Vice -Chancellor shall communicate to the General Council, the views of
the Pro-Chancellor alongwith such advice as the Pro-Chancellor may have tendered on the action to be
taken thereon.
(5) The General Council shall communicate through the Vice -Chancellor to the Pro -Chancellor
such action, if any, as it proposes to take or has been taken on the result of such inspection or inquiry.
(6) The Pro -Chancellor shall report to the Chancellor the action taken by him in pursuance of
provisions of above sub-sections.]
10. Authorities of university.— The following shall be the Authorities of the university :—
(i) the General Council ;
(ii) the Executive Council ;
(iii) the Academic Council ;
1 These words were inserted by Mah. 76 of 2018, s. 6.
2 This section was inserted by Mah. 76 of 2018, s. 7.
10 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
1[(iv) the Finance Committee ;
(iv-a) the Planning Board ;
(iv-b) the Building Committee; and]
(v) such other authorities as may be declared as such by the regulations.
11. General Council. — (1) The General Council shall be the chief advisory body of the
university and it shall consist of the following members, namely :—
(i) the Chancellor ;
2[(i-a) the Pro-Chancellor ;]
(ii) the Vice-Chancellor ;
(iii) the Attorney General of India ;
(iv) one judge of the Supreme Court nominated by the Chancellor ;
(v) the Minister for Higher Education, State of Maharashtra ;
(vi) the Minister for Law, State of Maharashtra ;
(vii) the Chief Justice of the High Court at Mumbai or his nominee ;
3[(viii) one judge of the High Court to be nominated by the Chancellor on the
recommendation of the Chief justice of the High Court ;]
(ix) the Advocate General of Maharashtra ;
(x) the Chairperson of the University Grants Commission or his nominee from among the
members of the University Grants Commission ;
(xi) the Chairman, Bar Council of India or his nominee from amongst the members of the
Bar Council of India ;
(xii) the Chairman, Bar Council of Maharashtra ;
(xiii) the Secretary or Principal Secretary or, as the case may be, Additional Chief Secretary,
Government of Maharashtra, Higher and Technical Education Department ;
4[(xiv) two eminent educationists in the disciplines of the Social Sciences and Humanities,
Management and Forensic Sciences to be nominated by the Chancellor ;
(xv) two eminent educationists in the legal field, to be nominated by the Chancellor ;]
(xvi) one eminent person in the educational field, to be nominated by the Chancellor; and
5[(xvii) two members of the Executive Council who are not otherwise members of the
General Council to be nominated by the Chancellor.]
Explanation.— For the purposes of clauses ( v) and ( vi), if the Minister -in-charge of
Department is the Chief Minister, any Minister nominated by him shall be the member.
(2) The Chancellor shall be the Chairman of the General Council.
6[(2-A) The Pro-Chancellor shall be the Vice-Chairman of the General Council.]
(3) The Vice-Chancellor shall be the Secretary of the General Council.
1 These clauses were substituted by Mah. 76 of 2018, s. 8.
2 This clause was inserted by Mah. 76 of 2018, s. 9(a)(i).
3 This clause was substituted by Mah. 76 of 2018, s. 9(a)(ii).
4 These clauses were substituted by Mah. 76 of 2018, s. 9(a)(iii).
5 This clause was substituted by Mah. 76 of 2018, s. 9(a)(iv).
6 This sub-section was inserted by Mah. 76 of 2018, s. 9(b).
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 11
12. Term of office of members of General Council.— (1) The term of office of the members of
the General Council, other than ex-officio members shall, subject to the provisions of sub -sections (2),
(3) and (4), be three years.
(2) Where a member of the Ge neral Council becomes such member by reason of the office or
appointment he holds or is a nominated member, his membership shall terminate when he ceases to
hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled.
(3) A member of the General Council shall cease to be a member, if he resigns or becomes of
unsound mind or becomes insolvent or is convicted of an offence involving moral turpitude or if such
member, other than the Vice-Chancellor, accepts a full time appointment in the university or if he fails
to attend three consecutive meetings of the General Council without obtaining the leave of the
Chancellor.
(4) A member of the General Council may resign his office by a letter addressed to the
Chancellor and such resignation shall take effect as soon as such resignation has been accepted by the
Chancellor.
(5) Any vacancy in the General Council shall be filled either by appointment or nomination, as
the case may be, of a person by the respective authority, entitl ed to make the same and the person so
appointed or nominated shall hold office so long only as the member in whose place he is appointed or
nominated could have held office if the vacancy had not occurred.
13. Powers and functions of General Council.— The General Council shall have the following
powers and functions, namely :—
(i) to review from time to time the broad policies and programme of the university and
suggest measures for the improvement and development of the university ;
1[(i-a) to make statutes concerning the administration of the affairs of the university
including appointment and removal of officers and employees of the university and prescribing
the procedures to be followed by the authorities and the officers of the univers ity in discharge of
their functions ;]
(ii) to consider and pass the resolution on the annual report, financial estimates and the audit
reports on such accounts ;
(iii) to perform such other functions as it may deem necessary for the efficient functioning
and administration of the university.
14. Meetings of General Council.— (1) 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 Executive Council,
unless some other date has been fixed by the General Council in respect of any year.
(2) The Chancellor, when present, shall preside over the meetings. In the absence of the
Chancellor, any member of the General Council nominated by him shall preside.
(3) A report of the wo rking of the university during the previous year, together with a statement
of receipts and expenditure, the balance sheet as audited, and the financial estimates shall be presented
by the Vice-Chancellor to the General Council at its annual meetings.
(4) The meetings of the General Council shall be called by the Chancellor or in his absence by the
Vice-Chancellor either on his own motion or at the request of not less than ten members of the General
Council.
(5) For every meeting of the General Council, fifteen days’ notice shall be given.
2[(6) One-third of the sitting members of the General Council either in person or through video
conferencing shall form the quorum :
1 This clause was inserted by Mah. 76 of 2018, s. 10.
2 This sub-section was substituted by Mah. 76 of 2018, s. 11(a).
12 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
Provided that, a declaration as is prescribed for the directors under the Companies A ct, 2013
(18 of 2013) in respect of attending the meetings through video conferencing shall be submitted to the
Vice-Chancellor.]
(7) Each member shall have one vote and, if there is equality of votes on any question to be
determined by the General Council, the person presiding over the meeting shall, in addition, have a
right of casting vote.
(8) In case of difference of opinion among the members, the opinion of majority of 1[members
present shall] prevail.
(9) If any urgent action by the General Council becomes necessary, the Vice -Chancellor may,
permit the business to be transacted by circulat ion of papers to the members of the General Council.
The action proposed to be taken, shall not be taken, unless agreed to by a majority of the members of
the General Council. The action so taken shall be forthwith intimated to all the members of the General
Council and the papers shall be placed before the next meeting of the General Council for
confirmation.
15. Executive Council. — (1) The Executive Council shall be the chief executive body of the
university.
(2) The administration, management and contr ol of the university and income thereof shall be
vested with the Executive Council which shall control and administer the property and funds of the
university.
(3) The Executive Council shall consist of the following persons, namely :—
(i) the Vice-Chancellor ;
(ii) a member of the General Council, who is a judge to be nominated by the Chancellor ;
(iii) the Secretary or Principal Secretary or, as the case may be, Additional Chief Secretary
to Government of Maharashtra, Higher and Technical Education Department ;
(iv) the Secretary or Principal Secretary or, as the case may be, Additional Chief Secretary,
Government of Maharashtra, Finance Department ;
(v) the Secretary or Principal Secretary, Government of Maharashtra, Law and Judiciary
Department ;
(vi) a member of the General Council, who is a eminent person in the legal field ;
(vii) a member of the General Council, who is a eminent person in the educational field ;
(viii) five Professors or Associate Professors of the university to be nominated by the Vice-
Chancellor.
(4) The Vice-Chancellor shall be the Chairman of the Executive Council.
16. Term of Office of Executive Council. — (1) Where a person has become a member of the
Executive Council by reason of the office or appointment, he holds, hi s membership shall terminate
when he ceases to hold that office or appointment.
(2) A member of the Executive Council shall cease to be a member, if he resigns or becomes of
unsound mind or becomes insolvent or is convicted for an offence involving moral turpitude or if a
member other than the Vice -Chancellor or a member of a faculty, accepts a full time appointment in
the university or if he fails to attend three consecutive meetings of the Executive Council without the
leave of the Chairman of the Executive Council.
(3) Unless the membership of the Executive Council is terminated under sub-section (1) or ceased
under sub-section (2), the members of the Executive Council shall cease to be members on the expiry
of three years from the date on which they be come members of the Executive Council but, shall be
eligible for re-nomination or re-appointment, as the case may be :
1 These words were substituted for the words “members shall” by Mah. 76 of 2018, s. 11(b).
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 13
Provided that, the term of the first Executive Council shall be five years.
(4) A member of the Executive Council other than an ex-officio member may resign his office by
a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as
soon as it has been accepted by the Chairman of the Executive Council.
(5) Any vacancy in the Executive Council shall be filled either by appointment or nomination, as
the case may be, by the respective authority entitled to make the same and the person so appointed or
nominated shall hold office so long only as the member in whose place he is appointed or nominated
would have held office if, the vacancy had not occurred.
17. Powers and functions of Executive Council. — (1) Without prejudice to section 15, the
Executive Council shall have the following powers and functions, namely :—
(i) to appoint, from time to time, the Vice-Chancellor, Registrar, 1[Finance and Accounts
Officer,] Librarian, Professors, Associate Professors, Assistant Professors and other members of
the teaching staff, as may be necessary, on the recommendations of the Selection Committee
constituted by the regulations for the purpose :
Provided that, no action shall be taken by the Executive Council, except in cases covered by
the second proviso, in regard to the number, qualifications and emoluments of teachers, otherwise
than after consideration of the recommendations of the Academic Council :
Provided further t hat, it shall not be necessary to constitute any Selection Committee for
making appointments,—
(a) to any supernumerary post; or
(b) to the post of the Professor of a person of high academic distinction, eminence and
professional attainment invited by the Executive Council to accept the post ;
(ii) to create administrative, ministerial and other necessary posts, to determine the number
and emoluments of such posts, to specify minimum qualification for appointment to such posts
and to appoint persons to such posts on such terms and conditions of service as may be prescribed
by the regulations made in this behalf, or to delegate the powers of appointments to such
authority or authorities or officer or officers as the Executive Council may, from time to time , by
resolution, either generally or specifically, direct ;
(iii) to grant, in accordance with the regulations, leave of absence other than casual leave to
any officer of the university and to make necessary arrangements for the discharge of the
functions of such officer during his absence ;
(iv) to manage and regulate the finances, accounts, investments, property, business and all
other administrative affairs of the university and for that purpose, to appoint such agents, as it
may think fit ;
(v) to inv est 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 ;
(vi) to transfer or accept transfers of any movable or immovable property on behalf of the
university ;
(vii) 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 ;
(viii) to provide the buildings, premises, furniture and apparatus and other means needed for
carrying out the work of the university ;
(ix) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers
of the university, the teachers, the students and the employees of the university, who may, for any
reason, feel aggrieved, otherwise than by an order of a court ;
1 These words were inserted by Mah. 76 of 2018, s. 12.
14 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
(x) to appoint examiners and moderators, and if necessary to remove them and to fi x their
fees, emoluments and travelling and other allowances, in consultation with the Academic
Council ;
(xi) to select a common seal for the university and to provide for the custody of the seal; and
(xii) to exercise such other powers and to perform such other functions, as may be conferred
or imposed on it by or under this Act.
18. Meetings of Executive Council. — (1) The Executive Council shall meet at least once in
three months and not less than fifteen days’ notice shall be given of such meeting.
(2) Six members of the Executive Council shall constitute a quorum at any meeting thereof.
(3) In case of difference of opinion among the members, the opinion of the majority shall prevail.
(4) Each member of the Executive Council shall have one vote and if there shall be equality of
votes on any question to be determined by the Executive Council, the Chairman of the Executive
Council or as the case may be, the member presiding over that meeting shall, in addition, have a
casting vote.
(5) Every meeting of the Executive Council shall be presided over by the Vice -Chancellor being
the Chairman of the Executive Council and in his absence, by a member chosen by the members
present to preside on the occasion.
(6) If any 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 proposed 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.
19. Constitution of Standing Committee and appointment of ad-hoc committees by
Executive Council.— (1) Subject to the provisions of this Act and regulations made in this behalf, the
Executive Council may, by resolution, constitute such Standing Committees or appoint ad-hoc
committees for such purposes and with such powers as the Executive Council may think fit for
exercising any power or discharging any function of the university or for enquiring into, reporting or
advising upon any matter relating to the university.
(2) The Executive Council may co -opt such persons to a S tanding Committee or an ad-hoc
committee as it considers suitable and may permit them to attend the meetings of the Executive
Council.
20. Delegation of powers by Executive Council. — The Executive Council may, by resolution,
delegate to the Vice-Chancellor or to a committee, such of its powers as it may deem fit, subject to the
condition that the action taken by the Vice-Chancellor or such committee in the exercise of the powers
so delegated shall be reported at the next meeting of the Executive Council.
21. Academic Council.— The Academic Council shall be the academic body of the university
and shall, subject to the provisions of this Act and the regulations, have power of control and general
regulation of, and be responsible for, the maintenance of stan dards of instruction, education and
examination of the university, and shall exercise such other powers and perform such other functions
as may be conferred or imposed upon it by this Act or the regulations. It shall have the right to advise
the Executive Council on all academic matters.
22. Constitution of Academic Council. — (1) The Academic Council shall consist of the
following persons, namely :—
(a) the Vice-Chancellor—Chairman ;
(b) three persons from amongst the educationists of repute or men of le tters or members of
the learned professions or eminent public men, who are not in the service of the university,
nominated by the Chancellor ;
2014 : Mah. VI] The Maharashtra National Law University Act, 2014 15
1[(c) an educationist nominated by the State Government ;]
(d) a nominee of the Bar Council of India ;
2[(e) all the Head of the Departments or Centers of the university ;]
(f) all Professors other than the Head of the Departments ;
3[(g) two members of the teaching staff, one each representing the Assistant and Associate
Professors, respectively, of the university to be nominated by the Vice-Chancellor, for a period of
one year on rotation.]
(2) The term of the members other than ex-officio members and those whose term is specified in
clause (c) of sub-section (1), shall be three years :
Provided that, the term of the first Academic Council shall be five years.
23. Powers and functions of Academic Council.— Subject to the provisions of this Act and the
regulations, the Academic Council shall, in addition to all other powers vested in it, 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 university and the emoluments and the duties attached
thereto ;
(iii) to formulate, modify or revise schemes for the organizati on 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 make arrangements through regulations for the instruction and examination of
persons, other than those enrolled in the university ;
(v) to promote research within the university and to require from time to time, reports on
such research ;
(vi) to consider proposals submitted by the faculties ;
(vii) to appoint committees for admissions to the university ;
(viii) 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 ;
(ix) 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 award the same ;
(x) to make recommendations to the Executive C ouncil in regard to the appointment of
examiners and if necessary, their removal and fixation of their fees, emoluments and travelling
and other expenses ;
(xi) to make arrangements for the conduct of examinations and to fix dates for holding
them ;
(xii) to declare 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, honors,
diplomas, licenses, titles and marks of honor ;
(xiii) to award 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 ;
1 This clause was substituted by Mah. 76 of 2018, s. 13(i).
2 This clause was substituted by Mah. 76 of 2018, s. 13(ii).
3 This clause was substituted by Mah. 76 of 2018, s. 13(iii).
16 The Maharashtra National Law University Act, 2014 [2014 : Mah. VI
(xiv) to publish lists of prescribed or recommended text books and to publish syllabus of the
prescribed courses of study ;
(xv) to prepare such forms and registers as are, from time to time , prescribed by the
regulations; and
(xvi) to perform, in relation to academic matters, all such functions and to do all such acts as
may be necessary for the proper carrying out of the provisions of this Act and the regulations.
24. Procedure of meetings of Academic Council. — (1) The Academic Council shall meet as
often as may be necessary, but not less than two times during an academic year.
(2) One-half of the total number of members of the Academic Council 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, includi ng the Chairman of the Academic Council,
shall have right to one vote and if there shall 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, the member
presiding over the meeting, shall in addition, have a right of casting vote.
(5) Every meeting of the Academic Council shall be presided over by the Chairman of the
Academic Council and in his absence, by a member chosen by the meeting to preside on the occasion.
(6) If any urgent action by the Academic Council becomes necessary, the Chairman of the
Academic CouncExcerpt shown. Open the full act in Lexace.
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