LexThe national law university, jodhpur act, 1999
Rajasthan · state statute
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THE NATIONAL LAW UNIVERSITY, JODHPUR
ACT, 1999
(Act No. 22 of 1999)
[Received the assent of the Governor on, the 8th day of October, 1999]
AN
ACT
to provide for establishment and incorporation of a National Law
University at Jodhpur for the purpos es of advancement of cause of
learning, teaching and research and diffusion of knowledge in the field
of law, as also to cater to th e needs of the society by developing
professional skills of persons inte nding to take up advocacy, judicial
service, law officers / managers and legislative drafting as their
profession and matters incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fiftieth
Year of the Republic of India as follows:-
CHAPTER 1
PRELIMINARY
1. Short title and commencement. - (1) This Act may be
called the National Law University, Jodhpur Act, 1999.
(2) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise
requires,-
(i) “Academic Council” means th e Academic Council of
the University;
(ii) “Bar Council of India” mean s the Bar Council of India
constituted under the Advocates Act, 1961 (Central Act
No. 25 of 1961);
(iii) “Chancellor” means the Chancellor of the University;
(iv) “Executive Council” means the Executive Council of
the University;
(v) “General Council” means the General Council of the
University;
(vi) “Registrar” means the Registrar of the University;
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(vii) “Regulations” means the regul ations of the University
made by the authorities of the University under and in
accordance with the provisions of this Act;
(viii) “Schedule” means the Schedule appended to this Act;
(ix) “University” means “The National Law University,
Jodhpur” established under Section 3;
(x) “Vice – Chancellor” means th e Vice-Chancellor of the
University;
(xi) “Visitor” means the Visitor of the University;
CHAPTER II
ESTABLISHMENT OF THE UNIVERSITY,
ITS OBJECTIVES AND FUNCTIONS
3. Establishment and incorporation of National Law
University.- (1) With effect from such da te as the State Government
may by notification appoint, there sha ll be established, in the State of
Rajasthan, a University by the na me of National Law University,
Jodhpur which shall consist of the Chancellor, Vice-C hancellor, the
General Council, the Executive C ouncil, the Academic Council and
the Registrar.
(2) The University shall be a body corporate by the name
aforesaid, having perpetual succe ssion and common seal with power,
subject to the provisions of this Ac t, to acquire and hold property, to
contract and shall, by the said name, sue and be sued.
(3) In all suits and other lega l proceedings by or against the
University, the pleadings shall be si gned 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 Jodhpur.
(4)The Objects of the University .- (1) The objects of the
University shall be to advanc e and disseminate learning and
knowledge of law and research and w ith a view to ensure its proper
role in national development, to develop in the student and research
scholar a sense of responsibility to se rve Society in the field of law by
developing skills in regard to advocacy, Judicial and other legal
services, Legislation, law reforms and the like, to advance the
professional education and also to provide adequate orientation and
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training to judicial o fficers and others who are involved in the
administration of Justice; to im part training and conduct refresher
courses for law teachers, judicial o fficers, advocates and other persons
engaged or interested in legal field; to organize lectures, seminars,
symposia and conferences, to prom ote legal knowledge and to make
law and legal processes efficient instruments of social development; to
hold examinations and confer degree s, diplomas, certificates 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) The University shall be open to all persons of either sex
irrespective of race, creed, caste, cla ss or religion and it shall not be
lawful for the University to impose on any person any condition
whatsoever of religious belief or pr ofession in order to entitle him to
be admitted thereto as a teacher or a student or to hold any office
therein or to graduate there at or to enjoy or to exercise any privilege
thereof.
5. Powers and functions of the University, - The Powers and
Functions of the University shall be,-
(i) to administer and manage the University and such
centers for research, education and instruction as are
necessary for the furthera nce 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 ex tra – mural teaching and
extension services;
(iv) to hold examinations and to grant diplomas or
certificates, and to confer degrees and other academic
distinctions on persons subject to such condition as the
University may determine a nd to withdraw any such
diplomas, certificates degrees or other academic
distinctions for good and sufficient cause;
(v) to confer honorary degrees or other distinction in the
manner laid down in the regulations;
(vi) to fix, demand and receive fees and other charges;
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(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 centers, specialized study
centers 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 th e residence and to regulate
the discipline of the students of the University and to
make arrangements for promoting their health;
(x) to make special arrangements in respect of the
residence, discipline and teaching of women students;
(xi) to create academic, technical, administrative,
ministerial and other posts in the University 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;
(xiii) to institute professorships , associate professorships,
assistant professorships, pa rt-time lecturerships, and
any other teaching, academic or research posts, required
by the University;
(xiv) to appoint persons as professors, associate professors,
assistant professors, part-time lecturers or otherwise as
teachers and researchers of the University;
(xv) to institute and award fellowships, scholarships, prizes
and medals;
(xvi) to provide for printing, re production 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 othe r organizations 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;
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(xix) to co-operate with institu tions of higher learning the
world having objects wholly or partially similar to those
of the University, by exchange of teachers 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 advance the professiona l education and also to
provide adequate orientati on and training to judicial
officers and others who are involved in the
administration of Justice;
(xxii) to impart training and conduct refresher courses for law
teachers, Judicial officers, advocates and other persons
in legal field;
(xxiii) to spread and promote legal literacy and legal
awareness among citizens at urban and rural level;
(xxiv) to provide legal aid to nee dy persons at pre-litigation
and litigation stage;
(xxv) to undertake research of anci ent scriptures and ancient
legal system in India and expl ore their usefulness in the
administration of Justice in modern India;
(xxvi) to develop teaching and resear ch 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 administra tion of justice in modern
India;
(xxvii) to publish research studies, treatises, books, periodicals,
reports and other literature relating to law and other
fields;
(xxviii)to establish and mainta in 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 convenient or necessary for the University.
(xxix) to receive grants, subventi ons, subscriptions, donations
and gifts for the purpose of University consistent with
the objects for which the University is established;
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(xxx) 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
think fit and proper, and to construct or alter and
maintain any such building or works;
(xxxi) 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 th e interest and activities of
the University;
(xxxii) to draw and accept, to make and endorse, to discount
and negotiate, promissory notes, Bills of exchange,
cheques or other negotiable instruments;
(xxxiii)to execute conveyances , transfers, reconveyances
mortgages, leases, licenses and agreements in respect of
property, movable or immovable including Government
securities belonging to the Un iversity or to be acquired
for the purpose of the University;
(xxxiv) to appoint in order to execute an instrument or transact
any business of the Univer sity, any person as it may
deem fit;
(xxxv) to enter into any agreement with the Central
Government, State Governments, the University Grants
Commission or other pers ons and Societies for
receiving grants;
(xxxvi) to accept grants of money, securities or property of any
kind on such terms as it may deem expedient;
(xxxvii) 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 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;
(xxxviii) to invest the funds of the University or money
entrusted to the University in or upon such securities
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and in such manner as it may deem fit and from time to
time transpose any investment;
(xxxix) 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;
(xl) to make provisions for pension, insurance, provident
fund and gratuity for the benefit of the academic,
technical, administrative, mini sterial and other staff, in
such manner and subject 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 support of the association,
institutions, funds, trusts and conveyance calculated to
benefit the staff and the students of the University;
(xli) 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
(xlii) to do all such other acts and things as the University
may consider necessary, conduc ive or incidental to the
attainment or enlargement of the aforesaid objects or
any one of them.
6. Teaching of the University .- (1) All recognized teaching in
connection with the degree, diplomas and certificates of the University
shall be conducted, under the admini strative control of the Executive
Council, by the teachers of the Un iversity, in accordance with the
syllabus prescribed by the Executive Council by regulations.
(2) The courses and curricula an d the authorities responsible
for organizing such teaching shall be such as may be prescribed by the
regulations.
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CHAPTER III
POWERS AND FUNCTIONS OF THE VISITOR
AND CHANCELLOR
7. Visitor of the University .- (1) The Chief Ju stice of India or
his nominee who is, for the time being, a Judge of the Supreme Court
of India, shall be the Visitor of the University∗.
(2) The Visitor shall presid e over the convocation of the
University.
(3) The Visitor shall have the ri ght to call for the report on any
matter pertaining to the affairs of the University.
8. Chancellor of the University .-(1) The Chief Justice of the
High Court of Judicature for Rajastha n shall be the Ch ancellor of the
University.
(2) The Chancellor shall appoint the Vice-Chancellor of the
University in accordance with the procedure prescribed in the Statutes
of the University in this regard.
9. The Powers of the Visi tor and the Chancellor. - (1) The
Chancellor and the Visitor shall have the following powers, namely:-
(a) to give direction, take acti on, 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 the University,
college, or Regional centers;
(c) to give his views or advice to the Vice-Chancellor in the
matters wherein an inspection or inquiry 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 or inquiry, the Univ ersity may depute one of its
officers to represent it in such inspection or inquiry.
(3) The Chancellor or the Visitor shall communicate the result
of the inspection or inquiry 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
∗ Inserted vide Notification No. F.2(1) Vidhi/2/2012 Jaipur dated May 2, 2012,
published in Rajasthan Gazette, Extraordinary, dated May 2, 2012.
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Council with his comments for such action as the Executive
Council may propose to take and the action so taken shall
be communicated to the Visito r or the Chancellor, as the
case may be, through the Vice-Chancellor.
(5) Where the Executive Council does not, within 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 Ex ecutive Council, issue such
directions as he may thi nk fit and the Executive Council
shall comply with such directions.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
10. Authorities of the University .- The following shall be the
authorities of the University, namely:-
1. the General Council;
2. the Executive Council;
3. the Academic Council;
4. the Finance Committee; and
5. such other authorities as may be prescribed by the
Regulations.
11. The General Council .- (1) The General Council shall be
the supreme body of the University.
(2) The powers and the functions of the General Council shall
be such as are given under the statutes.
12. The Executive Council .- (1) The Executive Council shall
be the Chief Executive body of the University.
(2) The administration, manage ment 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 Execu tive Council shall be such as
is specified in the Schedule.
13. The Academic Council. - (1) The Academic Council shall
be the academic body of the Univer sity and shall subject to the
provisions of this Act and the regul ations have power of control and
general regulation of, and be responsible for, the maintenance of
standards of instruction, education and examination of the University
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and shall exercise such other power s and perform such other duties 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.
(2) The Academic Council shal l have the power to propose
regulations on all the matters specif ied in clause 15 of the Schedule
and matter incidental and related thereto.
CHAPTER V
OFFICERS OF THE UNIVERSITY
14. Officers of the University. - 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 VI
STATUTES, ORDINANCES AND REGULATIONS
15 . Statutes.- (1) The Statutes of the University shall contain
such instructions, directions, procedures and details as are necessary to
be laid down under and in accordance with the provisions of this Act.
(2) The Statutes as contained in the Schedule to this Act as
amended from time to time, shall be binding on all authorities,
officers, teachers and employees of the University and persons
connected with the University.
(3) Executive Council shall have all powers to make any
amendments in the statutes contained in the Schedule to this Act:
Provided that the Executive Council shall not amend Statute
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.
(4) Any amendments 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. The Chancellor may after the said consultation and on being
satisfied that assent be not give n, withhold assent or return the
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proposal for amendment to the Ex ecutive Council for re-consideration
in the light of observation, if any, made by him.
(5) Notwithstanding anything cont ained in sub-section (3) or
sub-section (4) the Chancellor shall have power to amend, after
consultation with the State Governme nt, 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.
16. Ordinances of the University .- (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 following matters, namely:-
(a) the courses of study, admi ssion of students, fees
qualifications requisite fo r any degree, diploma or
certificate and grant of fellowship;
(b) the conduct of examination incl uding the appointments of
the examiners and their terms and conditions;
(c) management of colleges, inst itutions, research bodies and
other agencies admitted to the privileges of the University;
and
(d) any other matter required by th e Statutes to be dealt by
Ordinances of the University.
(2) The first Ordinances 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 provide d 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 shal l be considered by the Executive
Council unless draft of such Ordi nance has been proposed by the
Academic Council.
(4) The Executive Council shall not amend the draft of the
Ordinance proposed by the Academ ic Council unless the Academic
Council consents to said amendm ent but the Executive Council shall
have power to reject or return th e draft to the Academic Council for
reconsideration either in whole or in part, together with any
amendments, which the Executive Council may suggest.
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(5) (i) The draft Ordinances made by the Executive Council
shall be submitted to the General Council and shall be considered by
the General Council at its next meeting and shall come into effect from
the date on which the Genera l Council approves the same by
resolution;
(ii) The General Council shall have power by resolution passed
by a majority of not less than two- thirds of the members present and
voting, to cancel any Ordinance made by the Executive Council and
such Ordinance shall, from the date of such resolution, be void.
17. Regulations.- (1) Subject to the provi sions of this Act, the
Executive Council shall have, in addition to all the 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, power s or constitution of any authority
of the University until such authorit y has been given an opportunity of
expressing an opinion 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 regulation a ffecting any or all of the following matters,
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, di plomas, certificates and other
academic distinctions;
(d) the establishment and aboliti on of faculties, departments,
hall and institution;
(e) the institution of fellowships, scholarships, studentship,
medals and prizes;
(f) conditions and modes of appoi ntment of examiners or
conduct of or standard of examinations or any other course
of study;
(g) mode of enrollment or admission of students; and
(h) examinations to be recognized as equivalent to University
examinations.
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(2) The Academic Council shal l have the power to propose
regulations on all the ma tters specified in (a) to (h) above and matter
incidental and related thereto.
18. Power of authorities to make regulations .- An authority
of the University shall have the power to make regulations, in the
manner prescribed by the Statutes, for the conduct of its affairs and the
affairs of the committees const ituted by such authority. Such
regulations shall not be inconsistent with the provisions of this Act,
Statutes and the Ordinances of the University.
CHAPTER VII
REVIEW COMMISSION
19. Appointment of a Univers ity Review Commission.- (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 three eminent
educationists, one of whom, sh all be the Chairman of such
Commission appointed by the Chance llor 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 recommendation
made by the Review Commission for the working and development of
the University.
20. Action not to be invalidated merely on the ground of
defect in the constitution, vacancy etc.- Not with standing that,-
(i) 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; and
(ii) there is a vacancy in the memb ership of any such authority
or body,
no act or rule or proceedings of such authority or body shall be
invalidated on any such ground or grounds.
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21. Removal of difficulties at the commencement .- If any
difficulty arises with respect to the establishment of the University or
in connection with the fi rst meeting of any author ity of the University
or otherwise in giving effect to the provisions of this act and the
regulations, the Chancellor may, at a ny 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 diffi culty and every such order shall
have effect as if such appointment or action had been made or taken in
the manner provided in this Act and the regulations:
Provided that before making a ny such order, the Chancellor
shall ascertain and consider the opi nion of the Vice-Chancellor and of
such appropriate authority of the University as may have been
constituted.
22. Transitory provisions .- Notwithstanding anything in this
Act and the regulations, the Vice-C hancellor may, with the previous
approval of the Chancellor and subject to the availabi lity 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 duties, 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.
23. Authorities and officers of the University .- The
authorities of the University and their composition, powers, functions
and other matters relating to them and the officers of University and
their appointment, powers, functions and other matters relating to them
and all other matters relating to the finances, powers, teaching,
administration and management of th e affairs of the University shall
be governed by the provisions as sp ecified in the Schedule and subject
to the provisions of this Act sha ll also be governed by the regulations
as may be made under the provisions of this Act.
24. Indemnity.- No suit, prosecuti on or other legal
proceedings shall 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 in
pursuance of this Act or any regulations made thereunder.
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SCHEDULE
(See Section 15)
STATUTES
GENERAL COUNCIL
1. Membership of General Council.- There shall be a General
Council of the University which shall consist of the following
members, namely:-
(i) the Chief Justice of the High Court of Judicature for
Rajasthan;
(ii) the Minister In-charge of Law, Government of Rajasthan;
(iii) the Minister In-charge of Higher Education, Government
of Rajasthan;
(iv) the Attorney-General of India;
(v) the Secretary to the Gove rnment, Law and Legal Affairs
Department, Rajasthan;
(vi) the Secretary to the Government, Hi gher Education
Department, Rajasthan;
(vii) the Secretary to the G overnment, Finance Department,
Rajasthan;
(viii) the Chairman, Rajasthan State Bar Council;
(ix) the Chairperson of the University Grants Commission;
(x) two eminent persons nominat ed by the Chancellor working
in the field of law and law education;
(xi) the Vice-Chancellor;
∗(xii) Advocate General, Rajasthan;
*(xiii) Three eminent jurists/judges of the Supreme Court/High
Court, Retired or in office nominated by the Visitor;
*(xiv) Five eminent Professors in Law, Science, Social Science
to be nominated by the Chancellor; and
*(xv) All Professor-Directors of the Schools
Provided that an employee of the University shall not be
eligible for nomination to the General Council.
∗Inserted vide Notification No. S.O.164 dated August 27, 2004, published in
Rajasthan Gazette, Extraordinary, dated August 27, 2004.
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2. Donor members.- Any person who makes a donation to the
University at any one time of an amount exceeding rupees one crore
shall be the Donor member during hi s life time and shall have a right
to nominate a representative to attend meetings.
3. Chairman and Secretary of the General Council.- (1) The
Chancellor shall be the Chairman of the General Council.
(2) The Registrar shall be the Secretary of the General Council.
4. Terms of office of members of the General Council .- (1)
The term of office of the memb ers of the General Council except
Donor members, if any, shall, subjec t to sub-sections (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 C ouncil shall cease to be a
member.-
(a) if he resigns or becomes of unsound mind or becomes
insolvent or is convicted of a criminal offence involving
moral turpitude;
(b) if any member other than the Vice-Chancellor accepts a full
time appointment in the University;
(c) if he is a nominated member and fails to attend three
consecutive 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
Chairman 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 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 could have held office if
the vacancy had not occurred.
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5. Powers of the General Council.- (1) the General Council
shall have all the powers necessary for the administration and
management of 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 Council and shall
exercise all powers of the Universi ty except as otherwise provided in
this Act.
(2) Without prejudice to the ge nerality of the powers conferred
by sub-clause (1), the General Council shall,-
(a) Recommend the broad policies and programmes of the
University and suggest measures for the improvement and
development of the university.
(b) Consider and pass the resoluti ons on the annual report, the
financial estimates and the audit report on such accounts;
(c) Perform such other functions, not inconsistent with the
provisions of this Act, as it may deem necessary for the
better functioning and administration of the University.
6.Meeting of the 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 the General Council in respect of any year has fixed some other
date.
(2) The Vice-Chancellor shall preside over the meetings:
Provided that the Chancellor ma y attend any meeting of the
General Council and if he so attends a meeting he shall preside over
such meeting.
(3) A report of the working of the University during the
previous year, together with a stat ement of receipts and expenditure as
also the balance sheet as audited and the financial estimates, shall be
presented by the Vice- Chancellor to the General Council at its
meeting.
(4) Meeting of the General Council shall be called by the Vice-
Chancellor on his own or at the reques t of not less than two-thirds of
the members of the General Council including the ex-officio members.
(5) For every meeting of the Gene ral Council at least 15 days
notice shall be given.
(6) One – third of the member s of the General Council shall
form the quorum.
18
(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
Chairman or the person presiding ov er the 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. However, the action
proposed to be taken shall not be ta ken unless agreed to by a majority
of the members of the General C ouncil. The action so taken shall
forthwith be 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.
EXECUTIVE COUNCIL
7. Membership of the Executive Council.- (1) The Executive
Council shall consist of the following, namely:-
(j) The Vice Chancellor;
(ii) One Member of the General Council (to be nominated
by the General Council);
(iii) Advocate General, Rajasthan;
(iv) The Secretary to the Government, Law and Legal
Affairs Department, Rajasthan or his nominee not
below the rank of joint Legal Remembrancer.
(v) The Secretary, Higher Education Department,
Rajasthan or his nominee not below the rank of Special
Secretary, Higher Education department, Rajasthan;
(vi) The Secretary to the Govern ment, Finance Department,
Rajasthan or his nominee not below the rank of Special
Secretary, Finance Department;
(vii) The Chairman, the State Bar Council, Rajasthan;
(viii) Two Senior most Faculty Members to be nominated by
the Vice-Chancellor by rotation.
19
∗(ix) Two eminent academicians or jurists to be nominated
by the Visitor;
*(x) A seating Judge of the Rajasthan High Court, to be
nominated by the Chancellor; and
*(xi) Chairman, Bar Council of India
(2) The Vice-Chancellor shall be the Chairman and the
Registrar shall be the Secretary of the Executive Council.
8. Term of Office of Executive Council.- (1) Where a person
has become a member of the Executi ve Council by virtue of the office
or appointment he holds, his 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 of a criminal offence involving moral
turpitude or if a member other than the Vice-Chancellor or a member
of the faculty accepts a full time appoint ment in the University or if he
is a member, other than ex-officio member and fails to attend three
consecutive meetings of the Executive Council without the leave of the
Chairman of the Executive Council.
(3) Unless their membership of the Executive Council is
previously terminated as provided in the above sub-clause, members of
the Executive Council shall cease to be members on the expiry of three
years from the date on which they become members of the Executive
Council :
Provided that the term of the Executive Council shall be three
years.
(4) A member of the Executive Council other than an ex-
officio member, may resign his o ffice 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 th e case may be, by the respective
authority entitled to make the same and on the expiry of the period of
∗Inserted vide Notification No. S.O.164 dated August 27, 2004, published in
Rajasthan Gazette, Extraordinary, dated August 27, 2004.
20
the vacancy such appointment or nomination shall cease to be
effective.
(6) Notwithstanding anything contained in the foregoing
provisions persons nominated under category (v) of section 7 shall
remain member of the Executive Council permanently.
9. Powers and functions of the Executive Council.- Without
prejudice to the provisions contained in section 5, the Executive
Council shall have the following powers and functions, namely:-
∗(1) to create faculty position of and appoint in the position of,
from time to time, Professor-Director of Schools, Chairman
of Undergraduate and Postgra duate studies, Professors,
Associate Professor, Assistant Professor and other teaching
staff of the faculty on the recommendation of the Selection
Committee constituted under the Regulation of the
University on that behalf;
*(2) to create positions in administrative, teaching, research and
subordinate management st aff, on tenure and non tenure
basis on such terms and conditions as may be determined
by regulations and to appoint personnel in su ch posts in
such manner as may be determined under regulations. The
Council may also delegate su ch functions to the Vice
Chancellor in such manner as may be stipulated in the
regulation;
(3) to grant in accordance with the regulations, leave of
absence other than casual leave to any officer of the
University and to make necessary arrangement for the
discharge of the functions of such officer during his
absence;
(4) to manage and regulate the finances, accounts, investments,
property, other matters and all other administrative affairs
of the University and for th at purpose to appoint such
agents, as it may think fit;
(5) to invest any money belonging to the University, including
an unapplied income, in such stock, funds, shares or
securities, as it may, from time to time, think fit or in the
∗Substituted vide Notification No. S.O.164 dated August 27, 2004, published in
Rajasthan Gazette, Extraordinary, dated August 27, 2004.
21
purchase of immovable property in India, with the like
power of varying such investments from time to time;
(6) to transfer or accept transfers of any movable or immovable
property on behalf of the University;
(7) to enter into, vary, carry out and cancel contracts on behalf
of the University and for th at purpose to appoint such
officers as it may think fit;
(8) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the
University;
(9) to provide, purchase or accept by donation books for library
of the University;
(10) to entertain, adjudicate upon and if it thinks fit, to redress
any grievances of the offi cers of the University, the
teachers, the students and the University employees, who
may for any reason, feel aggrie ved, otherwise than by an
act of a court;
(11) to appoint examiners and moderators, and if necessary to
remove them and to fix their fees, emoluments and
traveling and other allowances, after consulting the
Academic Council;
(12) to select a common seal for th e University and to provide
for the custody of the seal; and
(13) to exercise such other power s and to perform such other
duties as may be conferred or imposed on it by or under
this Act.
10. Meeting of the Executive Council.- (1) The Executive
Council shall meet at least once in si x months and not less than fifteen
days notice shall be given of such meeting.
(2) Five members of the Execu tive Council sha ll 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 Execu tive 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.
22
(5) Every meeting of the Execu tive 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 papers to the members of the Executive
Council. The action proposed to be taken shall not be taken unless
agreed to by a majority of me mbers of the Executive Council.
However, 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 information.
11. Constitution of Standing Committee and appointment
of Ad-hoc Committees by the Executive Council.- Subject to the
provisions of this Act and the regulations made in this behalf, the
Executive Council may, by resoluti on, constitute such Standing
Committees or appoint Ad-hoc Co mmittees 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
inquiring into, reporting or advising upon any matter relating to the
University.
∗12. Reservation of posts and seats.- The Executive Council
may be regulation provide for re servation in the admission to
undergraduate and post graduate studen ts in the University exempting
super specialty courses, such number of seats for schedule casts and
schedule tribes students as may be provided in the Regulation.
Provided that the University ma y enroll applicants from such
categories in a year but not qualifying for admission in that year into a
“one year” preparatory course at the end of which they may be
admitted into the regular course next year in pursuance of the
regulation provided for the purpose.
*∗12 (A) Co-option.-The Executive Council may Co-opt such
persons to a Standing Committee or an Ad-hoc Committee as it
∗Substituted vide Notification No. S.O.164 dated August 27, 2004, published in
Rajasthan Gazette, Extraordinary, dated August 27, 2004.
*∗Separated by ibid.
23
considers suitable and may permit them to attend the meetings of the
Executive Council.
13. Delegation of powers by Executive Council.- The
Executive Council may by resolution, de legate 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 powe rs so delegated shall be reported
at the next meeting of the Executive Council.
ACADEMIC COUNCIL
14. Membership of the Academic Council.- (1) The
Academic Council shall consist of the following persons, namely:-
(a) the Vice-Chancellor, who shall be the Chairman thereof;
(b) three persons from amongst th e eminent educationists or
men of letters or members of learned professions, who are
not in the service of the Univ ersity to be nominated by the
Chancellor;
(c) the Secretary to the Government, Law and Legal Affairs
Department, Government of Rajasthan;
(d) one person nominated by the Chairman, Bar Council of
India;
(e) all Heads of the Departments of the University;
(f) all the Professors (other than the Heads of the Department);
(g) two members of the teaching staff, to be nominated by the
Vice-ChancelloExcerpt shown. Open the full act in Lexace.