LexThe NATIONAL LAW UNIVERSITY ODISHA ACT, 2008
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The Orissa Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 2215, CUTTACK, THURSDAY, DECEMBER 4, 2008/MARGASIRA 13, 1930
LAW DEPARTMENT
NOTIFICATION
The 4th December 2008
No. 14778/I-Legis.-34/06-The following Act of the Orissa Legislative Assembly
having been assented to by the Gover nor on the 2 3rd November, 2008 is hereby
published for general information.
ORISSA ACT 4 OF 2008
THE NATIONAL LAW UNIVERSITY ORISSA ACT, 2008
AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND INCORPORATION OF
A NATIONAL LAW UNIVERSITY AT CUTTACK IN THE STAT E OF
ORISSA FOR THE PURPOSES OF ADVANCEMENT OF
COURSE OF LEARNING, TEACHING AND RESEARCH
AND DIFFUSION OF KNOWLEDGE IN THE FIELD
OF LAW AS ALSO TO CATER TO THE NEED OF
THE SOCIETY BY DEVELOPING PROFESSIONAL
SKILLS OF PERSONS INTENDING TO TAKE UP
ADVOCACY, JUDICIAL SERVICE, LEGAL
SERVICE OR SERVICE FOR LEGISLATIVE
DRAFTING AS THEIR PROFESSION
AND M ATTERS CONNECTED
THEREWITH OR INCIDENTAL
THERETO .
Be it enacted by the Legislature of the State of Orissa in the Fifty -ninth Year of
the Republic of India as follows:-
CHAPTER-1
PRELIMINARY
1. (1) This Act may be called the National Law University Orissa
Act, 2008.
(2)It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government
may, by notification, appoint.
Short title,
extent and
commence-
ment
2. In this Act, unless the context otherwise requires, -
(a) “Academic Council” means the Academic Council of the University;
(b) “Bar Council of India” means the Bar Council of India constituted under
the Advocates Act. 1961;
(c) “Chancellor” means the Chancellor of the University;
(d) “Executive Council “ means the Executive Council of the University;
(e) “General Council” means the General Council of the Univ ersity;
(f) “Ordinance” means Ordinance of the University made by the Executive
Council;
(g) “Registrar” means the Registrar of the University;
(h) “regulations” means the regulations of the University made by the
authorities of the University under the provisions of this Act;
(i) “rules” means rules of the University made and enforced by the authority
of the University as per the provisions of this Act or regulation;
(j) “Schedule” means the Schedule appended to this Act containing
Statutes;
(k) “University” means the National Law University Orissa established under
section 3;
(l) “Vice-Chancellor” means the Vice-Chancellor of the University; and
(m) “Visitor” means the Visitor of the University .
CHAPTER II
ESTABLISHEMNT OF THE UNIVERSITY, IT S
OBJECTIVES AND FUNCTIONS
3. (1) With effect from such date as the State Government may, by
notification, appoint, there shall be established in the State of Orissa a
University by the name of “ National Law University, Orissa”, which shall consist of the
Chancellor, Vice -Chancellor, the General Council, the Executive Council, the
Academic Council and the Registrar.
(2) The University shall be a body corporate by the name aforesaid having
perpetual succession a nd common seal with power and subject to the provisions of
this Act, the University shall be competent to acquire and hold property, to contract
and shall by the said name, sue and be sued.
(3) In all suits and other legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar and all processes in such suits
and proceedings shall be issued to, and served on, the Registrar.
(4) The headquarters of the University shall be at Cuttack.
Definitions.
Establish-
ment of the
University
2
4. (1) The objects of the University shall be,-
(a) to design and run regular and periodical courses of learning for
dissemination of k nowledge, advanced learning in legal subjects and
issues of law and other related disciplines with a view to meaningfully
integrate, support and enhance professional knowledge of law and so
also to appreciate the role of rule of law in national growth and
development;
(b) to develop in the students and scholars social and scientific research
skills for enhancing a sense of responsibi lity to serve society as a
professional and also develop professional skills of advocacy, judicial
and other legal services legislation, law reforms and the like;
(c) to advance the professional education in convergence with knowledge of
other related dis ciplines so as to provide adequate orientation and
training including facilities of continuing education to law teachers,
judicial officers, advocates and other persons in the civil society engaged
or interested in legal filed involved in the administratio n of justice;
(d) to organize lectures, seminars, symposia and conferences, to promote
legal knowledge and to make law and legal processes as efficient
instruments of social development;
(e) to hold examinations and confer degrees, diplomas, certificates and
other academic distinctions; and
(f) to do all such things as are incidental, necessary or conducive to the
attainment of all or any of the objects of the University, as an institution
of higher learning and research and an institution of excellence.
(2) The University shall be open to all persons of either sex irrespective of
race, creed, caste, class or religion and it shall not be lawful for the University to
impose on any person any condition 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.
5. The powers and functions of the University shall be, -
(a) to administer and manage the University and such centres for research,
education, instructions in on -line systems of distant learning and
instructions as are necessary for the furtherance of the objects of the
University;
(b) to provide for instruction in such branches of knowle dge or leaning
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;
Objects
of the
University
Powers and
functions
of the
University.
3
(c) to organize and undertake extramural teaching and extension services;
(d) to hold exa minations and to grant diplomas or certificates, and to confer
degrees and other academic distinctions on person subject to such
condition as the University may determine and to withdraw and any such
diplomas, certificates, degrees or other academic distin ctions for good
and sufficient cause;
(e) to confer honorary degrees or other distinction in the manner laid down in
the regulations;
(f) to fix, demand and receive fees and other charges;
(g) to institute and maintain, halls and hostel, to recognize pl aces of
residence for the students of the University and to withdraw such
recognition accorded to any such place of residence;
(h) to establish such special centres, specialized study centres or other units
for research and instructions at any place, as a re in the opinion of the
University necessary for the furtherance of its objects;
(i) 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;
(j) to esta blish and run, directly or through contract systems, sports
complexes and gymnasiums and other indoor and outdoor facilities;
(k) to make special arrangements in respect of the residence, discipline and
teaching of women students;
(l) to create academic, technical, administrative, ministerial and other posts
in the university and to make appointments thereto;
(m)to regulate and enforce discipline among the employees of the University
and to take such disciplinary measures as may be deemed necessary;
(n).to institute professorships, associate professorships, assistant
professorships, part -time lectureship and any other teaching, academic
or research posts required by the University;
(o).to appoint persons as professors, associate professors, assistant
professors, part-time lectures or otherwise as teachers and researchers
of the University either on tenure or on non-tenure basis;
(p) to institute and award fellowship, scholarships, prizes and medals;
(q) to provide for printing, reproduction and publica tion of research and other
works and to organize exhibitions;
(r) to sponsor a nd undertake research in all as pects of law, justice, social
development and scientific enquiries;
4
(s) to co -operate with any other organization in the matter of education,
training and research in law, justice, social development and allied
subjects and for such purposes as may be agreed upon on such terms
and conditions as the University may, from time to time, determine;
(t) to co -operate with institutions of higher learnin g in the world having
objects wholly or partially similar to those of the University by exchange
of teachers and generally in such manner as my be conducive to the
common objects;
(u) to regulate the expenditure and to manage the accounts of the
University;
(v).to advance the professional education and also to provide adequate
orientation and training to judicial officers and others who are involved in
the administration of justice;
(w) to impart training and conduct refresher courses for law teachers, j udicial
officers, advocates and other persons in legal field;
(x) to spread and promote legal literacy and legal awareness among citizens
at urban and rural level;
(y) to provide legal aid to needy persons at pre -litigation and litigation stage;
(z) to undertake research of ancient scriptures and ancient legal system in
India and explore their usefulness in the administration of justice in
modern India;
(za) to develop teaching and research of such religious texts on which the
modern law and the concept of non-violence and peace is based and to
explore their usefulness in the administration of justice in modern India;
(zb) to publish research studies, treaties, books, periodicals reports and
other literature relating to law and other fields;
(zc) to es tablish and maintain within the University premises or elsewhere,
such class rooms and study halls as the University may consider
necessary and adequately furnish the same and to establish and
maintain such libraries and reading rooms as may appear conveni ent or
necessary for the University;
(zd) to receive grants, subventions, subscriptions, donations and gifts for the
purpose of University consistent with the objects for wh ich the University
is established;
(ze) to purchase, take on lease or accept as g ifts 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 think fit and
proper, and to construct or alter and maintain any such bu ilding or
works;
5
(zf) to draw and accept, to make and endorse, to discount and negotiate,
promissory notes, bills of exchange, cheques or other negotiable
instruments;
(zg) to execute conveyances, transfers, re -conveyances, mortgages, leases,
licences and agreements in resp ect of property, movable or immovable
including Government securities belonging to the University or to be
acquired for the purpose of the University;
(zh) to make policy and take effective regulatory steps for protection of
intellectual properties create d by the faculty, scholars, and students of
various departments of learning and cetres of research of the University;
(zi) to appointment any person, as it may deem fit in order to execute an
instrument or transact any business of the University;
(zj) to enter into any agreement with the Central Government, State
Governments, the University Grants Commission or other persons and
Societies for receiving grants;
(zk) to accept grants of money, securities or property of any kind on such
terms as it may deem expedient;
(zl) 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 condition s as it may think fit and to pay out of the
funds of the university, all expenses incidental to the raising of money,
and to repay and redeem any money borrowed;
(zm) 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 from time to time, transpose any investment in the interest of the
University;
(zn) to make such regulations as may, from time to time, be considered
necessary for regulating the affairs and the mana gement of the
University and to alter, modify and to rescind them;
(zo) to make provisions for pension, insurance, provident fund and gratuity
for the benefit of the academic, technical, administrative, employees of
the University, in such manner and subj ect to such conditions as may be
prescribed by the regulations, 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 establishment and in support of the association,
institutions, funds, trusts and conveyance calculated to benefit the
employees and the students of the University;
(zp) to delegate all or any of its powers to the Vice -Chancellor of the
University or any committee or any sub -committee or to anyone or more
members of its body or its officers; and
6
(zq) 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 one of them.
6. (1) All recognized teaching in c onnection with the degrees diplomas and
certificates of the University shall be conducted, under the administrative control of the
Executive Council, by the Teachers of the University, in accordance with the curricula,
prescribed by the Executive Council b y regulation in consultation with the Academic
Council.
(2) The courses and curricula and the authorities responsible for organizing
such teaching shall be such as may be prescribed by the regulations.
CHAPTER III
POWERS AND FUNCTIONS OF THE VISITOR
AND CHANCELLOR
7.(1) The Chief Justice of the Supreme Court of India, or his nominee from
among the sitting Judges of the Supreme Court of India, shall be the Visitor of the
University.
(2) The Visitor shall preside over the convocation of the Universit y.
(3) The Visitor shall have the right to call for the report on any matter
pertaining to the affairs of the University.
8.(1) The Chief Justice of the High Court of Orissa shall be the Chancellor of
the University.
(2) The Chancellor shall appoint Vice-Chancellor of the University in
accordance with the procedure prescribed in the Schedule.
9 (1)The Chancellor and the Visitor shall have the powers -
(a) to give direction, take action, or do anything as required under the
provisions of this Act and the Statutes;
(b) to cause an inspection by such person, as he may direct, of any work,
activity or examination of th e University, centers of research, or
Regional centers; and
(c) to give his views or advice to the Vice-Chancellor in the matters wherein
an inspection has been made under clause (b).
(2) Where either the Visitor or the Chancellor of the University under clause
(b) of sub -section (1) has ordered an inspection, the University may depute one of its
officers to represent it in such inspection.
Teaching
of the
University.
Visitor
of the
University.
Chancellor
Of the
University.
The Powers
of the Visitor
and the
Chancellor.
7
(3) The Chancellor or the Visitor shall communicate the result of the
inspection and his advice to the Vice-Chancellor.
(4) The result and the advice referred to in sub -section(3) shall be
communicated by the Vice -Chancellor to the Executive Council with his comments for
such action as the Executive Council may propose to take and the action so taken
shall be communicat ed to the Visitor or the Chancellor, as the case may be, through
the Vice-Chancellor.
(5) Where the Executive Council does not, with in reasonable time, take
action to the satisfaction of the Visitor or the Chancellor, as the case may be, the
Visitor or the Chancellor, after considering any explanation furnished or representation
made by the Executive Council, issue such directions as h e may think fit and the
Executive Council shall comply with such directions.
CHAPTER IV
AUTHORITIES AND OFFICERS OF THE UNIVERSITY
10. The following shall be the authorities of the University, namely: -
(a) The General Council;
(b) The Executive Council;
(c)The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be prescribed by the regulations.
11. (1) The General Council shall be the highest body of the University .
(2) The composition of the General Council and i ts powers and the
functions shall be such as are prescribed in the Schedule.
12.(1) The Executive Council shall be the Chief Executive body of the
University.
(2) The administration, management and control of the University shall be
vested with the Executive Council, which shall control and administer the property and
funds of the University.
(3) The composition of the Executive Council and its powers and functions
shall be such as are prescribed in the schedule.
13. (1) The Academic Council shall be the academic body of the University and
shall, subject to the provisions of this Act and regulations, have power of control and
general regulations, and be responsible for the maintenance of standards of
instruction, education and examination of the University and shall exercise such other
Authorities
of the
University.
The
General
Council.
The
Executive
Council.
The
Academic
Council.
8
powers and perform such other duties as may be conferred or imposed upon it by this
Act or the regulations.
(2) The Academic Council shall have the right to advise the Executive
Council on all academic matters.
(3) The Academic Council shall have the power to propose regulations on
all the matters specified under clause 14 of the Schedule and matter incidental and
related thereto.
(4) The composition of the Academic Council shall be such as has been
prescribed in the Schedule.
14. (1) The Finance Committee shall be the recommending body on all matters
of financial and accounts of the University.
(2) The composition of the Finance Committee and its powers and
functions shall be such as are prescribed in the Schedule.
15. The following shall be the officers of the University, namely: -
(a) the Vice-Chancellor;
(b) the Registrar;
(c ) the Finance Officer;
(d) the Controller of Examinations; and
(e) such other officers as may be prescribed by regulations.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
16. (1) The Statutes of the University specified in the Schedule shall contain
provisions regarding constitution and functions of various bodies of the University,
appointments and term s of appointment, conditions of service and powers of various
university officials and constitution of the Fund of the University and its deployment.
(2) The Statutes as contained in the Schedule, as amended from time to
time, shall be binding on all auth orities, officers, tea chers and employees of the
University and persons connected with the University.
(3) The Executive Council shall have powers to make any amendment in
the statutes contained in the Schedule:
Provided that the Executive Council shall not amend any provision of the
Statutes affecting the constitution, status or power of any authority of the University
without affording to such authority a reasonable opportunity of making a representation
on the proposed changes.
Finance
Committee.
Officers
of the
University.
Statutes.
9
(4) Any amendment to the Statutes, whether by adding, deleting or in any
other manner, shall not take effect unless the Chancellor has , after consultation with
the State Government, assented to it:
Provided that the Chancellor may, after the said consultation and on being
satisfied that assent be not given, withhold assent or return the proposal for
amendment to the Executive council for reconsideration in the light of observation, if
any, made by him.
(5) Notwithstanding anything contained in sub -section (3) or sub -section
(4), the Chancellor shall have power to amend, after consultation with the State
Government, whether by adding, deleting, or in any other manner, the Statutes
contained in the Schedule.
(6) An amendment to the Statutes shall come into force on the date of its
publication in the Official Gazette.
17. (1) Subject to the provisions of this Act and the Statutes contained in the
Schedule, as amended from time to time, the Ordinances of the University may be
made by the Executive Council for all or any of the f ollowing matters, namely:-
(a) the courses of study, admission of students, fees, qualifications
requisite for any degree, diploma or certificate and grant of
fellowship;
(b) the conduct of examination including the appointment of the
examiners and their terms and conditions;
(c) management of the colleges, institutions, research bodies and other
agencies admitted to the privileges of the University; and
(d) any other matter required by the Statutes to be dealt by Ordinances
of the University.
(2) The first Ordinance of the University shall, as soon as may be, after the
commencement of this Act, be made by the Vice -Chancellor with previous approval of
the State Government, and may be amended at any time, in the manner, as is
provided under this Act or as may be specified in the Statutes.
(3) Save as otherwise provided in sub -section (2), no Ordinances
concerning the admission to the University or its examinations, courses of study,
scheme of examinations, attendance and appointment of examiners shall be
considered by the Executive Council unless draft of such Ordinance has been
proposed by the Academic Council.
(4) The Executive Council shall not amend the draft of the Ordinance
proposed by the Academic Council unless the Academic Council consents to said
amendment but the Executive Council shall have power to reject or ret urn the draft to
the Academic Co uncil for reconsideration either in whole or in part, together with any
amendments, which the Executive Council may suggest.
Ordinances
of the
University.
10
(5) The draft Ordinances made by the Executive Council shall be submitted
to the General Council and shall be considered by the General Council at i ts next
meeting and shall come into effect from the date on which the General Council
approves the same by resolution.
(6) The General Council shall have power, by resolution passed by a
majority of not less than tow -thirds of the members present and voting, to cancel any
draft Ordinance made by the Executive Council and such draft Ordinance shall, from
the date of such resolution, be deemed to be cancelled.
18. (1) Subject to the provisions of this Act, the Executive Council shall have, in
addition to all other powers vested in it, the power to frame regulations to provide for
the administration and management of the affairs of the University:
Provided that the Executive Council shall not make any regulation affecting the
status, powers or constitution of any authority of the University until such authority has
been given an opportunity of expressing an op inion in writing on the proposed
changes, and any opinion so expressed is considered by the Executive Council:
Provided further that except with the prior concurrence of the Academic
Council, the Executive Council shall not make, amend or repeal any reg ulation
affecting any or all of the following matter, namely: -
(a) the constitution, powers and duties of the Academic Council;
(b) the persons responsible for organizing teaching in connection with the
courses of study and related academic programmes;
(c) the withdrawal of degrees, diplomas, certificates and other academic
distinctions;
(d) the establishment and abolition of faculties, departments and
institutions;
(e) the institution of fellowships, scholarships, studentship, medals and
prizes;
(f) co nditions and modes of appointment of examiners or conduct of or
standard of examinations or any other course of study;
(g) mode of enrolment or admission of students; and
(h) examinations to be recognized as equivalent to University
examinations.
(2) The Academic Council shall have the power to propose regulations on
all the matters specified in clauses (a) to (h) of sub -section (1) and matters incidental
and related thereto.
Regulations.
11
19. An authority of the University shall have the power to make regula tions, not
inconsistent with the provisions of this Act, Statutes and the Ordinances of the
University, in the manner prescribed in the Schedule for the conduct of its affairs and
the affairs of the committees constituted by such authority.
CHAPTER VI
REVIEW COMMISSION
20.(1) The Chancellor shall at least once in every five years or as and when
required, constitute a Commission to review the working of the University and to make
recommendations.
(2) The Commission shall consist of not less than th ree eminent
educationists, one of whom shall be the Chairman of such Commission appointed by
the Chancellor in consultation with the State Government.
(3) The terms and conditions of the appointment of the members shall be
such as the Chancellor may determine.
(4) The Commission shall, after holding such inquiry as it deems fit, make its
recommendation to the Chancellor.
(5) The Chancellor may, in consultation with the State Government, take
such action, as he deems fit, on the recommendat ion made by the Commission for the
working and development of the University.
21. Notwithstanding that,-
(a) the General Council, the Executive Council, the Academic Council or any
other authority or body of the University is not duly constituted or there is a
defect in its constitution or reconstitution, at any time; or
(b) There is a vacancy in the membership of any such authority or body,
No act or resolution or proceeding of such authority or body shall be invalid ated on any
such ground or grounds.
22. If any difficulty arises with respect of the establishment of the University or
in connection with the first meeting of any authority of the University or otherwise in
giving effect to the provisions of this Act and the regulations, the Chancellor may, at
any time, before all authorities of the University have been constituted, by order, make
any appointment or do anything consistent, so far as may be, with the provisions of
this Act and the regulations, which appear to him necessary or expedient for the
purpose of removing the difficulty and every such order shall have effect as if such
Power of
Authorities
To make
Regulations.
Appointment
of a
University
Review
Commission.
Action not to
be invalidat-
ed merely
on the
ground of
defect in the
constitution,
vacancy, etc.
Removal
of
Difficulties.
12
appointment or action had been made or taken in the manner provided in this Act and
the regulations:
Provided that before making any such order, the Chancellor shall ascertain
and consider the opinion of the Vice -Chancellor and of such appropriate authority of
the University as may have been constituted.
23. Notwithstanding anything in this Act and the regulations, the Vice -
Chancellor may, with the previous approval of the Chancellor and subject to the
availability of funds, discharge all or any of the functions of the University for the
purpose of carrying out the provisions of this Act and the regulations and for that
purpose may exercise any powers or perform any d uties, which by this Act and the
regulations are to be exercised or performed by any authority of the University until
such authority comes into existence as provided by this Act and the regulations.
24. The authorities of the University and their compos ition, powers, functions
and other matters relating to them and the officers of University and their appointment,
powers, functions and other matters relating to the finances, powers, teaching,
administration and management of the affairs of the University shall be governed by
the provisions as specified in the Schedule and subject to the provisions of this Act
shall also be governed by the regulations as may be made under the provisions of this
Act.
25. No suit, prosecution or other legal proceedings sha ll lie against, and no
damages shall be claimed from, the University, the Chancellor, the Vice -Chancellor,
the authorities or officers of the University or any other person in respect of anything
which is in good faith done or purported to have been done i n pursuance of this Act or
any regulations made there under.
26. Provisions of this Act and any regulation made there under shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time
being in force or in any instrument having effect by virtue of any law other than this
Act.
SCHEDULE
(See section 16)
STATUS
GENERAL COUNCIL
1. Membership of General Council .-(1) There shall be a General Council of
the University which shall consist of the following members, namel y,-
(a) the Chancellor;
(b) the Attorney-General of India;
(c) the Chairperson of the University Grants Commission or his nominee
not below the rank of Deputy Chairman of the Commission;
Transitory
Provisions.
Authorities
and
officers of
the
University.
Indemnity.
Act to have
overriding
effect.
13
(d) Advocate General, Orissa;
(e) Chairman, Orissa State Bar Council;
(f) All professors of the University;
(g) Two retired or sitting Judges of the Supreme Court of India or of High
Court nominated by the Visitor;
(h) Two eminent members of the Bar of the Orissa High Court, nominated
by the Chancellor;
(i) Two eminent persons nominated by the Chancellor wo rking in the field
of law and law education; and
(j) The Vice-Chancellor:
Provided that an employee of the University shall not be eligible for nomination
to the General Council except the faculty nominees and the donors.
(2) Any person who makes a donation to the University at any time of tan
amount not less than twenty -five lakhs rupees shall be donor member during his life
time and shall have a right to nominate a representative to attend meetings.
2. Chairman and Secretary of the General Council. - The Chancellor shall
be the Chairman and the Registrar shall be the Secretary of the General
Council.
3. Terms of office of members of the General Council. -(1) The term of
office of the members of the General Council except donor members, if
any, shall, subject to sub-clauses(2) and (3), be three years:
Provided that the term of the first General Council will expire on constitution of
the regular General Council under the provisions of this Schedule.
(2) Where a member of the General Council becomes such member by virtue
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,-
(a) if he resigns or becomes unsound mid or becomes insolvent or is
convicted of a criminal offence involving moral turpitude;
(b) if he other than the Vice -Chancellor, accepts a full time appointment
in the University; and
(c) if he is a nominated member and fails to attend three conse cutive
meetings of the General Council without the leave of the Chairman.
(4) A member other than ex -officio member of the General Council may resign
his office by a letter addressed to the Chairma n and such resignation shall take effect
as soon as such resignation is accepted by the Chairman.
(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 entit led to
14
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 nominat ed could have held
office if the vacancy had not occurred.
4. Powers of the General Council. - (1) The General Council shall have all
the powers necessary for the administration and management or the University and for
conducting its affairs including the power to review the action of the Authorities and the
power to review the regulations made by the Executive Co uncil and shall exercise all
powers of the University except as otherwise provided in this Act.
(2) Without prejudice to the generality of the powers conferred by sub -clause
(1), the General Council shall,-
(a) recommend the broad policies and ensure good g overnance of the
University and suggest measures for the improvement and development of
the University;
(b) consider and pass the resolution s on the annual budget, annual account,
annual report, the financial estimates and the audit report on such
accounts; and
(c) perform such other functions, not inconsistent with the provisions of this
Act, as it may deem necessary for the better functioning an d administration
of the University.
5. Meeting of the General Council. -(1) The General Council shall meet at
least once in a year, called annual meeting of the General Council which shall be held
on a date to be fixed by the Vice Chancellor in consultation with the Chancellor.
(2) The Chancellor shall preside over the meeting and in his absence, the vice
Chancellor shall preside over such meeting.
(3) A report of the working of the University during the previous year, together
with a statement of receipt and expenditure as also the balance sheet as audited and
the financial estimates, shall be presented by the Chancellor and in his absence, by
the vice-Chancellor, to the General Council at its meeting.
(4) Meeting of the General Council shall be called by the Vice -Chancellor or at
the request of not less than two-thirds of the members of the General Council including
the ex-officio members.
(5) For every meeting of the general Council at least 15days notice shall be
given.
(6) Six members of the General Council shall form the quorum.
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(7) Each member shall have one vote and if there is equality of votes on any
question t o be determined by the General Council, the Chairman or the person
presiding over meeting shall, in addition, have a casting vote.
(8) In case of difference of opinion among the members, the opinion of the
majority shall prevail.
(9) If urgent action by the General Council becomes necessary, the Chairman
may permit the business to be transacted by circulation of papers to the members of
the General Council but no action shall be taken unless agreed to by a maj ority of the
Members of the General Council an d the action taken, if any, shall forthwith be
intimated to all the members of the General Council and the papers relating to action
so taken shall be placed before the next meeting of the General Council for
confirmation.
EXECUTIVE COUNCIL
6. Membership of the Executive Council. -(1) The Executive Council shall
consist of the following members, namely:-
(a) the Vice-Chancellor;
(b) one member of the General Council( to be nominated by it);
(c) Advocate General, Orissa;
(d) Chairman, Bar Council of India;
(e) Chairman, the State Bar Council, Orissa;
(f) Two senior most Faculty Members to be nominated by the Vice -
Chancellor by rotation;
(g) A sitting Judge of the High Court of Orissa to be nominated by the
Chancellor; and
(h) Two eminent academicians or jurists nominated by the Visitor.
(2) Vice-Chancellor shall be the Chairman and the Registrar shall be the
Secretary of the Executive Council.
7. Term of Office of Executive Council. - (1) The term of office of the
members of the Executive Council shall, subject to sub -clauses (2) and (3), be thr ee
years.
(2) Where a person has become a member of the Executive Council by
virtue of the office or appointment he holds, his members hip shall terminate when he
ceases to hold that office or appointment.
(3) A member of the Executive Council shall cease to be a member,-
(a) if he resigns or becomes unsound mind or becomes insolvent or is
convicted of a criminal offence involving moral turpitude; or
16
(b) if he, other than the Vice -Chancellor, or a member of the faculty,
accepts a full time appointment in the University; or
(c) if he is a nominated member and fails to attend three consecutive
meetings of the Executive Council without the leave of the Chairman of
the Executive Council.
(4) A member of the Executive Council other than an ex -officio member may
resign from his office by a letter addressed to the Chairman of the Executive Council
and such resignation shall take effect as soon as the chairman of the Executive
Council accepts it.
(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 as
the member in whose place he is appointed or nominated could have held office if the
vacancy had not occurred.
8. Powers and functions of the Executive Council. -Without prejudice to the
provisions contained in section 5, the powers and functions of the Executive Council
shall be,-
(a) to create, from time to time, faculty position of an d appoint in the
position of, Professor -Director of Schools, Chairman of undergraduate
and Postgraduate studies, Professors, Associate Professors, Assistant
Professor and other teaching staff of the faculty on the recommendation
of the Selection Committee constituted under the regulation of the
University in that behalf;
(b) to create positions in administrative, teaching, research and subordinate
management staff, on tenure and non tenure basis on such terms and
conditions as may be determined by regulatio ns and to appoint
personnel in such posts in such manner as may be determined under
regulations and also have the power to delegate such functions to the
Vice-Chancellor in such manner as may be stipulated in the regulation;
(c) to grant, in accordance with the regulations, leave of absence other than
casual leave to any officer or faculty member of the University and to
make necessary arrangements for the discharge of the functions of
such officer or member during his absence;
(d) to manage and regulate the fi nances, accounts, investments, property,
other matters and all other administrative affairs of the University and
for that purpose to appoint such agents, as it may think fit;
(e) to invest any money belonging to the University, including a n 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;
(f) to transfer or accept transfers of any movable or immo vable property on
behalf of the University;
17
(g) to enter into, vary, carry out and cancel contracts on behalf of the
University and for than purpose to appoint such officers as it may think
fit;
(h) to provide the buildings, premises furniture and apparatus and o ther
means needed for carrying on the work of the University;
(i) to provide, purchase or accept by donation, books for library of the
University;
(j) to entertain, adjudicate upon, if it thinks fit, to redress any grievances of
the officers of the University, the teachers, the students and the
University employees, who may for any reason, feel aggrieved,
otherwise than by an act of a court;
(k) to select a common seal for the University and to provide for the
custody of the seal;
(l) to appoint examiners and moderators, a nd if necessary to remove them
and to fix their fees, emoluments, traveling and other allowances, after
consulting the Academic Council; and
(m) to exercise such other powers and to perform such other duties as may
be conferred or imposed on it by or under thi s Act.
9. Meeting of the Executive Council. - (1) The Executive Council shall meet
at least once in six months on a notice of not less than fifteen days.
(2) Five members of the Executive Council shall constitute a quorum at any
meeting thereof.
(3) In cas e 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 Vice-Chancellor or the member presiding over that meeting shall, in addition, have
a casting vote.
(5) E very meeting of the Executive Council shall be presided over by the
Vice-Chancellor and in his absence by a member chosen by the members present to
preside on the occasion.
(6) If urgent action by the Executive Council becomes necessary, the Vice -
Chancellor may permit the business to be transacted by circulation of p apers t o the
members of the Executive C ouncil, but no action shall be taken unless agreed to by a
majority of members of the Executive Council and the action so taken, if any, shall be
forthwith intimated to all the members of the Executive Council and the papers relating
to action so taken shall be placed before the next meeting of the Executi ve Council for
information.
10. Constitution of Standing Committee and appointment of Adhoc
Committee by the Executive Council .- (1)Subject to the provisions of this Act and
the 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
18
any power or discharging any function of the University or for inquiring into, reporting
or advising upon any matter relating to the University.
(2) The Executive Council may co -opt such persons to a Standing
Committee or an Ad -hoc Committee as it considers suitable and may permit them to
attend the meetings of the Executive Council.
11. Reservation of posts and seats. -(1) The Executive Council may, by
regulations, provide for the reservation of seats in the academic programmes for
Scheduled Castes and Scheduled Tribes and for any other categories of person as
may be notified by the State Government.
(2) The Executive Council may, by regulations, provide for the reservation of
post and exclude certain posts from the purview of the reservation, as provided in the
Acts or Rules in force dealing with the subject matter of reservation.
12. Delegation of powers by the Exe cutive 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 exercise of the po wers so delegated, shall be
reported at the next meeting of the Executive Council.
ACADEMIC COUNCIL
13. Membership of the Academic Council. -(1) The Academic Council shall
consist of the following members, namely:-
(a) the Vice-Chancellor, who shall be the Chairman thereof;
(b) three persons from amongst the eminent educationist s or men of letters
or members of lea rned professions, who are not in the service of the
University, to be nominated by the Chancellor;
(c) one member of the Legal Education Committee of the Bar Co uncil of
India to be nominated by the Chairman of the Committee;
(d) all Heads of the Department of the University;
(e) all the professors other than the H eaExcerpt shown. Open the full act in Lexace.