LexThe Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018.
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 12th July 2018 and is hereby published
for general information:—
ACT No. 22 OF 2018.
An Act to regulate the establishment of Private Law Colleges in the
State of Tamil Nadu.
WHEREAS, in consonance with the spirit of Article 41 of the
Constitution of India, the Government have taken a policy decision to
establish adequate number of Government law colleges in the State in
a phased manner, to impart legal education at affordable cost;
AND WHEREAS, the past experience revealed that private
persons are not able to provide legal education at affordable cost to
the economically and socially weaker sections and also not able to
continue to run the law colleges;
AND WHEREAS, the Tamil Nadu Establishment of Private Law
Colleges (Prohibition) Act, 2014 (Tamil Nadu Act 13 of 2014) was
enacted to prohibit private persons from establishing any law college
or institution providing any course of study or training in law for
admission to the examination for law degrees, diplomas or other
academic distinctions of the University;
AND WHEREAS, the Madras High Court, has ruled that there
cannot be a total prohibition to start law colleges by private persons;
AND WHEREAS, the Bar Council of India has passed a resolution
requesting all the State Governments to restrict the number o f
granting No Objection Certificates to start law colleges for three years;
NOW, THEREFORE, the Government have decided to regulate
the establishment of private law colleges in Tamil Nadu by laying down
certain norms for grant of permission to start law colleges by private
persons;
BE it enacted by the Legislative Assembly of the State of Tamil
Nadu in the Sixty-ninth Year of the Republic of India as follows:-
Short title and
commencement.
1. (1) This Act may be called the Tamil Nadu Establishment of
Private Law Colleges (Regulation) Act, 2018.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) “competent authority” means the Director of Legal
Studies;
(b) “Government” means the State Government;
(c) “Law College” means any college or institution
providing any course of study or training in law for admission to the
examination for law degrees, diplomas or other academic distinctions
of the University;
Tamil Nadu Act
43 of 1997
(d) “prescribed” means prescribed by rules made under this Act;
(e) “private person” means ,–
(i) a company, whether incorporated or not;
(ii) a registered society;
(iii) a registered trust;
(f) “University” means the Tamil Nadu Dr.Ambedkar Law
University established under section 3 of the Tamil Nadu Dr.Ambedkar
Law University Act, 1996.
3. No private person shall, on or after the date of commencement
of this Act, establish a law college w ithout the permission of the
Government and except in accordance with t he terms and conditions
specified in such permission.
Establishment
of Law
College.
4. (1) Every private person who proposes to establish a law
college shall make an application to the competent authority.
Application
for
permission.
(2) Before making an application under sub -section (1), the
private person shall create an Endowment for rupees thirty lakh for
establishment of a law college. The amount shall be invested in a
Nationalised Bank or Government of India or Government of Tami l
Nadu Undertaking.
(3) The private person shall produce either a Ba nk Guarantee
for a period of fi ve years to the tune of rupees tw enty lakh or a
solvency certificate for the said amount obtained from the competent
revenue authority.
(4) Every such application shall, –
(a) be in the prescribed Form;
(b) be accompanied with a challan for having rem itted a
fee of rupees twenty fi ve thousand (non -refundable)
into the Government Treasury;
(c) contain the following particulars, namely:-
(i) the name of the law college;
(ii) the degrees and the courses for which the law
college prepares, teaches or guides its students to
grant or confer such degree;
(iii) the amenities available or prop osed to be made
available to students;
(iv) the library, moot court and other facilities for
instructions;
(v) the number of students to be admitted to each
course of study;
(vi) the situation and the description of the buildings
in which the law college is proposed to be
established;
(d) contain such other particulars as may be prescribed.
Grant of
permission.
5. (1) On receipt of an application under sub-section (1) of section
4, the competent authority shall verify the particulars and after making
such enquiry as it deems necessary, forward the application to the
Government along with his recommendations for g rant of permission.
The Government may grant or refuse to grant the permission for
establishment of a law college taking into consideration the particulars
contained in the application and also the rules, guidelines, instructions
issued by the University G rants Commission, the Bar Council of India
and the Tamil Nadu Dr.Ambedkar Law University:
Provided that the permission shall not be refused under this
section unless the applicant has been given an opportunity of making
his representation.
(2) No perso n shall be granted permission under sub -section (1)
to establish a law college in Districts where a law college has already
been established by the Government.
(3) On receipt of the permission granted under sub -section (1) for
establishment of a law coll ege, the private person shall apply to the
University and other appropriate authorities for permission or
affiliation, as the case may be, as required under the relevant laws.
(4) Notwithstanding anything contained in any other law for the
time being in force, or in any judgment, decree or order of any court,
every private person who has applied for No Objection Certificate from
the Government or for affiliation from the University and whose
application is pending with the Government or the University, as the
case may be, on the date of commencement of this Act, shall apply for
permission under the provisions of this Act.
Application of
other laws not
barred.
6. The provisions of this Act shall be in addition to, and not in
derogation of, the provisions of any other law for the time being in
force.
Power to make
rules.
7. (1 ) The Government may, by notifi cation, make rules to carry
out all or any of the purposes of this Act.
(2) All rules made under this Act shall be published in the Tami l
Nadu Government Gazette, and unless they are expressed to come
into force on a particular day, shall come into force on the day on
which they are so published.
(3) Every rule made under this Act shall, as soon as possible after
it is made, be placed on the table of the Legislative Assembly, and if,
before the expiry of the session in which it is so placed or the next
session, the Legislative Assembly makes any modification in any such
rule or the Legislative Assembly decides that the rule should not be
made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
Repeal. 8. The Tamil Nadu Establishment of Private Law Colleges
(Prohibition) Act, 2014 is hereby repealed.
Tamil Nadu
Act 13 of
2014.
(By Order of the Governor)
S.S. POOVALINGAM
Secretary to Government,
Law Department.