LexThe UTTAR PRADESH NATIONAL LAW UNIVERSITY, PRAYAGRAJ ACT, 2020 (U.P.Act No. 26 of 2020)
Uttar Pradesh · state statute
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Mk0 jktsUnz izlkn jk"Vªh; fof/k fo’ofo|ky;] iz;kxjkt vf/kfu;e] 2020 ¼m0 iz0 vf/kfu;e la[;k 26] 2020½ THE DR. RAJENDRA PRASAD NATIONAL LAW UNIVERSITY, PRAYAGRAJ ACT, 2020 (U.P. Act No. 26 of 2020)
[The Dr. Rajendra Prasad National Law University, Prayagraj Act, 2020]
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THE DR. RAJENDRA PRASAD NATIONAL LAW UNIVERSITY,
PRAYAGRAJ ACT, 2020
U. P. ACT No. 26 of 2020
Amended by
U. P. ACT No. 11 of 2023
[IN pursuance of the provisions of clause (3) of Article 348 of
the Constitution, the Governor is pleased to order the publication
of the following English translation of the 1[Dr. Rajendra Prasad
National Law University, Prayagraj] Adhiniyam, 2020 (Uttar
Pradesh Adhiniyam Sankhya 26 of 2020) as passed by the Uttar
Pradesh Legislature and assented to by the Governor on August 28,
2020. The Nyaya Anubhag-2, is administratively concerned with
the said Adhiniyam and published in the Uttar Pradesh Gazette,
Extraordinary dated August 31, 2020.]
to provide for the establishment and incorporation of a State Law
University at Prayagraj in Uttar Pradesh to be known as the [Dr.
Rajendra Prasad National Law University, Prayagraj], for the purposes of
advancement of cause of learning, teaching and research and diffusion of
knowledge in the field of law as also to cater to the needs of the society
by developing professional skills of persons intending to take up
advocacy, judicial service, law officers / managers and legislative
drafting as their profession and for matters contained therewith or
incidental thereto.
AN
ACT
IT IS HEREBY enacted in the Seventy-first Year of the Republic
of India as follows:-
CHAPTER 1
PRELIMINARY
Short title and
commencement 1. (1) This Act may be called the [Dr. Rajendra Prasad
National Law University, Prayagraj] Act, 2020.
(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,-
(i) "Academic Council" means the Academic Council of the
University constituted under Section 21;
(ii) "Bar Council of India" means the Bar Council of India
constituted under the Advocates Act, 1961 (Act no. 25 of 1961);
(iii) “Chancellor" means the Chancellor of the University
referred to in Section 10;
(iv) "Executive Council" means the Executive Council of the
University constituted under Section 19.
(v) "General Council" means the General Council of the
University constituted under Section 17;
(vi) 'Government', means the State Government of "Uttar
Pradesh."
1. Subs. By sec. 2 of U.P. Act no. 11 of 2023
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(vii) "Prescribed" means prescribed by statutes;
(viii) "Registrar" means the Registrar of the University as
referred in under Section 12;
(ix) "Regulations" means the regulations of the University
made by the authorities of the University under and in
accordance with the provisions of this Ordinance;
(x) "Schedule" means the Schedule appended to this Act;
(xi) "University" means "The 1[Dr. Rajendra Prasad National
Law University, Prayagraj]" established under Section 3;
(xii) "Vice - Chancellor" means the Vice-Chancellor of the
University appointed under Section 11;
(xiii) "Visitor" means the Visitor of the University referred to
in Section 8.
CHAPTER II
ESTABLISHMENT OF THE UNIVERSITY,
ITS OBJECTIVES AND FUNCTIONS
Establishment
and
incorporation
of National Law
University
3. (1) With effect from such date of commencement of this Act,
there shall be established, in the State of Uttar Pradesh, a University by
the name of the 1[Dr. Rajendra Prasad National Law University,
Prayagraj] 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.
(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 Prayagraj.
The objects of
the University 4. (1) The objects of the University shall be to advance and
disseminate learning and knowledge of law and research with a view to
ensure its proper role in national development, to develop in the
student and research scholar a sense of responsibility to serve Society
in the field of law by developing skills in regard to advocacy, Judicial
and other legal services, Legislative, drafting, law reforms and the like
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:
to impart training and conduct refresher courses for law
teachers, judicial officers, advocates and other persons engaged or
interested in legal field;
to organize lectures, seminars, symposia and conferences, to
promote legal knowledge and to make law and legal processes efficient
instruments of social development,
to hold examinations and confer degrees, diplomas, certificates
and other academic distinctions;
1. Subs. By sec. 2 of U.P. Act no. 11 of 2023
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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, 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 there at or to enjoy or to exercise any privilege thereof.
Powers and
functions of the
University
5. 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
furtherance of the objects of the University;
(ii) to provide for instruction in such branches of knowledge or
learning pertaining to law, as the University may think fit and to make
provision for research and for the advancement and dissemination of
knowledge of law;
(iii) to organize and undertake extra moral 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 and 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;
(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 the 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 with the approval of the Government
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;
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(xiii) to institute professorships, associate professorships,
assistant professorships, part- time lecturerships, and any other
teaching, academic or research posts required by the University;
(xiv) to make rules and regulations for appointment of 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, reproduction and publication of
research and other works and to organize exhibitions;
(xvii) to sponsor and undertake research in all aspects of law,
justice and social development;
(xviii) to co-operate with any other organization in the matter of
education, training and research in law, justice, social development and
allied subjects for such purposes as may be agreed upon on such terms
and conditions as the University may from time to time determine;
(xix) to co-operate with institutions of higher learning of 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 professional education and also to provide
adequate orientation 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 needy persons at pre-litigation and
litigation stage;
(xxv) to undertake research of ancient scriptures and ancient
legal system in India and explore their usefulness in the administration
of Justice in modern India;
(xxvi) 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;
(xxvii) to publish research studies, treatises, books, periodicals,
reports and other literature relating to law and other fields;
(xxviii) to establish 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
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and maintain such libraries and reading rooms as may appear
convenient or necessary for the University.
(xxix) to receive grants, subventions, subscriptions, donations
and gifts for the purpose of University consistent with the objectives for
which the University is established;
(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 the
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 University 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 University, 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 persons
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 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 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,
ministerial 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 employees
of the University and to aid in establishment and support of the
association, institutions, funds, trusts and conveyance calculated to
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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, conducive or incidental to the attainment or
enlargement of the aforesaid objects or any one of them.
Teaching of the
University 6. (1) All recognized teaching in connection with the degree &
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 syllabus prescribed by the
Executive Council by regulations.
(2) The courses and curriculam and the authorities responsible
for organizing such teaching shall be such as may be prescribed by the
regulations.
CHAPTER III
OFFICERS OF THE UNIVERSITY
Officers of the
University 7. The following shall be the officers of the University, namely:-
(a) the Visitor,
(b) the Chancellor,
(c) the Vice-Chancellor,
(d) the Registrar,
(e) the Finance Controller,
(f) the Controller of Examinations, and
(g) such other officers as may be prescribed by regulations.
Visitor of the
University 8. (1) The Chief Justice of the Supreme Court of India or his
nominee, who shall be a senior Judge of the Supreme Court, shall be
the Visitor of the University.
(2) The Visitor shall preside over the convocation of the
University.
(3) The Visitor shall have the right to call for the report on any
matter pertaining to the affairs of the University.
The Powers of
the Visitor 9. (1) The Visitor shall have the following powers, namely,-
(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 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 the Visitor of the University under clause (b) of sub-
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section (1) has ordered an inspection or inquiry, the University may
depute one of its officers to represent it in such inspection or inquiry.
(3) 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 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 Visitor, 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 and after considering
any explanation furnished or representation made by the Executive
Council, the Visitor may issue such directions as he may think fit and
the Executive Council shall comply with such directions.
Chancellor of
the University
10. (1) The Chief Justice of the High Court of Judicature at
Allahabad shall be the Chancellor of the University.
(2) The powers of the Chancellor shall be such as may be
prescribed or assigned by the visitor.
Appointment
and the powers
of the Vice-
Chancellor
11. (1) The Vice-Chancellor shall be a whole-time salaried
officer of the University. The Vice-Chancellor after commencement of
this Act shall be appointed by the General Council from amongst
eminent academicians or educationist or Judges or professors of
eminence in the field of law whose names are sent to the General
Council by the Committee constituted in accordance with provisions of
sub-section(3) :
Provided that the first Vice-Chancellor shall be appointed by the
State Government.
(2) Notwithstanding anything to the contrary contained in sub-
clause(1), the Chairperson of the General Council, if satisfied, may
grant extension for another term of five years to the Vice-Chancellor
continuing in office after completing four years in office and the matter
shall be reported in the next meeting of the General Council.
(3) The Committee referred to in sub-section (1) shall consist of
the following members, namely-
(i) One person to be nominated by the Visitor;
(ii) One person to be nominated by the Chairperson of the
General Council.
(iii) One person to be nominated by the State Government.
(4) The committee shall, as far as may be, at least six months
before the date on which a vacancy in the office of the Vice-Chancellor
is due to occur by reason of expiry of term or resignation under sub-
section (5), and also whenever so required and before such date as may
be specified by the General Council; submit to the General Council the
names of not less than three persons suitable to hold the office of the
Vice-Chancellor. The Committee shall, while submitting the names,
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also forward to the General Council a concise statement showing the
academic qualifications and other distinctions of each of the persons so
recommended, but shall not indicate any order of preference.
(5) The Chairperson of the General Council may appoint any
suitable person to the office of Vice-Chancellor for a term not exceeding
six months if the vacancy in the office of Vice-Chancellor occurs or is
likely to occur by reason of leave or any other cause, not being
resignation or expiry of term, of which a report shall forthwith be made
by the Registrar to the Chairperson of the General Council.
(6) The Vice-Chancellor shall hold office for a term of five years
from the date on which he enters upon his office or till he or she
completes the age of seventy years, whichever is earlier:
Provided that the Vice-Chancellor may in writing under his
hand addressed to the Chairperson of the General Council resign his
office, and shall cease to hold his office on the acceptance by the
General Council of such resignation.
(7) (i) The outgoing Vice-Chancellor will continue till newly
selected Vice-Chancellor assumes the office.
(ii) ln the case, if office of the Vice-Chancellor falls vacant due
to resignation, illness or otherwise, the Chancellor shall make such
alternative arrangement to carry on the office of the Vice-Chancellor, as
he deems fit.
(8) Subject to the provisions of this Act, the emoluments and
other conditions of service of the Vice-Chancellor shall be such as may
be prescribed.
(9) The Vice-Chancellor shall not be entitled to the benefit of any
pension, insurance or provident fund. .
(10) If in the opinion of the General Council, the Vice-Chancellor
wilfully omits or refuses to carry out the provisions of this Act or
abuses the powers vested in him, or if it otherwise appears to the
General Council that the continuance of the Vice-Chancellor in office is
detrimental to the interest of the University, the General Council may,
after making proper inquiry which shall be completed preferably
within six months, remove the Vice-Chancellor by an order after giving
him an opportunity of being heard.
Registrar 12. (1) The Registrar shall be appointed by the State
Government from amongst the senior administrative officers of the
State. He shall be the whole time officer of the University:
Provided that the first Registrar of the University shall be
appointed by the Executive Council in the consultation with the
Government.
(2) The Registrar shall be the ex-officio Secretary of the
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Executive Council, the Finance Committee and the faculties, but shall
not be deemed to be a member of these authorities.
(3) The Registrar shall,-
(a) comply with all directions and orders of the Executive
Council and the Vice-Chancellor;
(b) be the custodian of the records, common seal and such other
property of the University as the Executive Council shall assign to his
charge;
(c) issue all notice for convening meetings of the General
Council, Executive Council, the Academic Council, the Finance
Committee, the faculties and of any Committee appointed by the
authorities of the University;
(d) keep the minutes of all meetings of the General Council,
Executive Council, the Academic Council, the Finance Committee, the
faculties and any Committee appointed by the authorities of the
University;
(e) conduct the official correspondence of the Executive Council
and the Academic Council;
(f) supply the Visitor the copies of the agenda of the meeting of
the authorities of the University as soon as they are issued and the
minutes of the meetings of the authorities ordinarily within a month of
the holding of the meeting;
(g) call a meeting of the Executive Council forthwith in a
emergency, when neither the Vice-Chancellor nor the officer duly
authorized is able to act and to take its directions for carrying on the
work of the University;
(h) be directly responsible to the Vice-Chancellor for the proper
discharge of his duties and function;
(i) perform such other duties as may be assigned from time to
time by the Executive Council or the Vice-Chancellor, and
(j) in the event of the post of the Registrar remaining vacant for
any reason, it shall be open to the Vice-Chancellor to authorize
any officer in the service of the University to exercise such powers,
functions and duties of the Registrar as the Vice-Chancellor deems fit.
Finance
Controller
13. There shall be a Finance Controller / Account Officer who
shall be appointed in the same manner as in the case of the Registrar
having such qualification as may be prescribed by regulations:
Provided the first Finance Controller / Accounts Officer shall be
appointed by the Executive Council in consultation with the State
Government.
Controller of 14. There shall be a Controller of Examinations, who shall be
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Examinations appointed by the Vice Chancellor with the approval of the Academic
Council.
Other Officers 15. The appointment and the powers and functions of other
officer shall be such as may be prescribed.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
Authorities of
the University
16. 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.
The General
Council
17. (1) There shall be a General Council of the University which
shall consist of the following members, namely:-
I. Ex-officio Members –
(i) The Chief Minister of Uttar Pradesh;
(ii) The sitting Judge of Allahabad High Court nominated
by the Chief Justice of High Court of Judicature at Allahabad ;
(iii) The Minister of Law and Justice Department,
Government of Uttar Pradesh;
(iv) The Minister of Higher Education, Government of Uttar
Pradesh ;
(v) The Advocate General, Uttar Pradesh;
(vi) The Chairman, Bar Council of India;
(vii) The Chairman, State Bar Council, Uttar Pradesh;
(viii) The Principal Secretary of Judicial Department,
Government of Uttar Pradesh;
(ix) The Principal Secretary of Finance Department,
Government of Uttar Pradesh;
(x) The Principal Secretary of Higher Education
Department, Government of Uttar Pradesh;
(xi) The Vice-Chancellor of the University;
II. Nominated Members–
(1) (i) a Vice-Chancellor of a University of Uttar Pradesh to
be Nominated by the Chairperson of the General Council.
(ii) one nominee of the Bar Council of India from amongst its
members.
(iii) five eminent persons in the field of law to be nominated
by the Chairperson of the General Council.
(2) The Chief Minister of Uttar Pradesh shall be the
Chairperson of the General Council and the Vice-Chancellor of
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the University shall be the Secretary of the General Council:
Provided that in the event of the Chief Minister of Uttar
Pradesh not being able to Chair the Meeting of the General
Council, he shall then nominate any Cabinet Minister of Uttar
Pradesh to chair the meeting of the General Council.
Term of Office
members of the
General Council
18. (1) The term of office of the nominated members of the
General Council shall subject to sub-section (2) and (3) be three years.
(2) When a person is nominated as a member of the General
Council, he shall cease to be such member if his nomination as
such is withdrawn by the nominating body or person as the case may
be.
(3) A member of the General Council shall cease to be a
member, if he resigns or becomes of unsound mind, or if a member
other than the Vice-Chancellor accepts a full-time appointment in the
University or if he fails to attend three consecutive meetings of the
General Council without the leave granted by the Chairperson or acts
against the interest of the University.
(4) A member of General Council may resign his office by a letter
addressed to the Chairperson and such resignation shall take effect as
soon as it has been accepted by the Chairperson.
(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 hold office if the
vacancy had not occurred.
(6) The other powers and the functions of the General Council
shall be such as may be prescribed.
The Executive
Council
19. (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 term, power & functions of the Executive Council shall
be such as specified in the Schedule.
Composition of
the Executive
Council
20. (1) The Executive Council shall consist of the following,
namely:-
(i) The Vice Chancellor;
(ii) One Member of the General Council (to be nominated by
the Chairperson of the General Council);
(iii) Advocate General, Uttar Pradesh;
(iv) The Principal Secretary, to the Government, Law and
Justice Department, Uttar Pradesh or his nominee not below
the rank of Additional Legal Remembrancer,
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(v) The Secretary, Higher Education Department, Uttar
Pradesh or his nominee not below the rank of Special Secretary,
Higher Education department, Uttar Pradesh;
(vi) The Secretary to the Government, Finance Department,
Uttar Pradesh or his nominee not below the rank of Special
Secretary, Finance Department;
(vii) The Chairman, the State Bar Council, Uttar Pradesh;
(viii) Two Senior most Faculty Members to be nominated by
the Vice-Chancellor by rotation;
(ix) Two eminent academicians or jurists to be nominated by
the Visitor;
(x) A District Judge of the Uttar Pradesh Judicial Service, 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 Secretary of the Executive Council.
The Academic
Council
21. (1) The Academic Council shall be the academic body of the
University and shall subject to the provisions of this Act and the
regulations have power of control and general regulation of, and be
responsible for the maintenance of standards of instruction, education
and examination of the University and shall exercise such other powers
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 shall have the power to propose
regulations on all the matters specified in clause 12 of the Schedule
and the matters incidental therewith and related thereto.
Composition of
the Academic
Council
22. (1) The Academic Council shall consist of the following
members:-
(a) the Vice-Chancellor, who shall be the Chairperson
thereof;
(b) three persons from amongst the eminent educationists
or men of letters or members of learned professions, who are not
in the service of the University to be nominated by the
Chancellor;
(c) the Secretary-incharge to the Government, Law and
Justice Department, Government of Uttar Pradesh or his
nominee;
(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);
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(g) two members of the teaching staff, to be nominated by
the Vice-Chancellor from amongst Associate and Assistant
Professors of the University in order of seniority in each
category by rotation; '
(h) one member of the Legal Education Committee of the
Bar Council of India to be nominated by the Chairman of the
Committee; and
(i) three eminent Professor/ Jurist/Lawyers to be
nominated by the Vice-Chancellor;
Provided that such of the Associate Professors or Assistant
Professors who have been nominated as members of Executive
Council by the Vice-Chancellor, shall be nominated as members
of the Academic Council by the Vice-Chancellor :
Provided further that a not teaching employee of the
University shall not be eligible for nomination.
(2) The terms of office of the members other than ex-officio
members shall be three years.
Finance
Committee
23. (1) There shall be a Finance Committee constituted by the
Executive Council consisting of the following namely :-
(a) The Vice-Chancellor;
(b) one member nominated by the Executive Council from
amongst its member;
(c) one officer each of the Finance Department and the
Higher Education Department (not below the rank of a Deputy
Secretary), Government of Uttar Pradesh;
(d) Finance Controller of the University;
(e) one Senior teacher preferably a specialist of the finance
and account matters nominated by the Vice-Chancellor;
(f) three financial experts not having any relation with the
University and nominated by the Chancellor;
(g) (i) the Finance Controller, shall be the member Secretary
of the Finance Committee;
(ii) The members of the Finance Committee, shall hold office
for a term of three years;
(iii) The functions and duties of the Finance Committee shall be;
(a) to examine and scrutinize the annual budget of the
University and to make recommendations on financial
matters to the Executive Council;
(b) to consider all proposals for new expenditure and to
make recommendations to the Executive Council;
(c) to consider the periodical statements of accounts
and to review the finances of the University from time to
time and to consider re-appropriation statements and audit
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reports and to make recommendations to the Executive
Council;
(d) to give its views and to make recommendations to
the Executive Council on any financial question affecting the
University either on its own initiative or on reference from
the executive Council or the Vice-Chancellor.
(iv) The Finance Committee shall meet twice every year. Five
member of the Finance Committee shall form the quorum.
(v) The Vice-Chancellor shall preside over the meetings of
the Finance Committee. In case of difference of opinion among
the members, the opinion of the majority of the members shall
prevail.
Other
authorities
24. The constitution and powers and functions of other
authorities, if any, shall be such as may be prescribed.
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
Statutes 25. (1) The Statutes of the University shall contain such
instructions, directions, procedures and details as are necessary to be
prescribed 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
Chairman of General Council has assented to it on recommendation of
Executive Council. The Chairperson of General Council may after the
said consultation/ recommendation and on being satisfied that assent
has not been given, withhold assent or return the proposal for
amendment to the Executive council for re-consideration in the light of
observation, if any, made by him.
(5) Notwithstanding anything contained in sub-section (3) or
sub-section (4) the Visitor shall have power to amend, after consultation
with the 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 their publication in the Gazette.
Ordinances of
the University
26. (1) Subject to the provisions of this Act and the Statutes
contained in the Schedule, as amended from time to time, the
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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, admission of students, fees
qualifications requisite for any degree, diploma or certificate and
grant of fellowship;
(b) the conduct of examination including the appointments of
the examiners and their terms and conditions;
(c) management of 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 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 Government, and may be
amended at any time, in the manner, as 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 return the draft to the Academic Council for
reconsideration either in whole or in part, together with any
amendments, which the Executive Council may suggest.
(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 the next meeting and shall come into effect from the
date on which the General 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.
Regulations 27. (1) Subject to the provisions 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, powers or constitution of any authority
of the University until such authority 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
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repeal any regulation affecting 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, diplomas, certificates and
other academic distinctions;
(d) the establishment and abolition of faculties, departments,
hall and institution;
(e) the institution of fellowships, scholarships, studentship,
medals and prizes;
(f) conditions and modes of appointment of examiners or
conduct of or standard of examinations or any other course of
study;
(g) mode of enrollment or admission of student; 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 (a) to (h) above and matter
incidental and related thereto.
Power of
authorities to
make
regulations
28. 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 constituted by such
authority. Such regulations shall not be inconsistent with the
provisions of this Act and the Ordinances and the statutes of the
University.
CHAPTER VI
REVIEW COMMISSION
29. (1) The Chancellor shall at least once in every five year or as
and when required, constitute a University 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, the Chairman of such Commission
appointed by the Chancellor in consultation as will 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
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the University.
Action not to
be invalidated
merely on the
ground of
defect in the
constitution,
vacancy etc.
30. Not withstanding 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 membership of any such authority
or body, no Ordinance or rule or proceedings of such authority or body
shall be invalidated on any such ground or grounds.
Removal of
difficulties
31. If any difficulty arises with respect to 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 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.
Transitory
provisions
32. 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 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.
Indemnity 33. No suit, prosecution 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 done or
purExcerpt shown. Open the full act in Lexace.