LexThe Doctor Ram Manohar Lohiya National Law University Act,2005
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act710 DOCTOR RAM MANOHAR LOHIYA [NATIONAL LAW UNIVERSITY UTTAR PRADESH ACT]1, 2005 (U. P. Act No. 28 of 2005)2 Amended by U. P. Act No. 26 of 2006 U. P. Act No. 35 of 2006 U. P. Act No. 05 of 2009 U. P. Act No. 09 of 2015 [As passed by the Uttar Pradesh Legislature, assented to by the Governor on December 16, 2005 and published in U.P. Gazette extraordinary on December 19, 2005] AN ACT to establish and incorporate a National Law [University] 1 at Lucknow in Uttar Pradesh and to provide for matters connected therewith or incidental thereto. IT IS HEREBY enacted in the Fifty -sixth Year of the Republic of India as follows :— Short title and commencement 1. (1) This Act may be called 1[Doctor Ram Manohar Lohiya National Law University Uttar Pradesh Act], 2005. (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 Sansthan constituted under section 21 ; (ii) [Vice-Chancello r] 3 means the [Vice-Chancellor] 3 of the [University] 1 appointed under section 27 ; (iii) “Executive Council” means the Executive Council of the Sansthan constituted under section 14 ; (iv) “General Council” means the General Council of the Sansthan constituted under section 9 ; (v) “Prescribed” means prescribed by regulations ; (vi) “Registrar” means the Registrar of the [University]1 appointed under section 29 ; (vii) “Regulations” means the regulations of the [University]1 made under section 32 ; (viii) [University]1 means Doctor Ram Manohar Lohiya [National Law University]1 Uttar Pradesh established under section 3 ; (ix) “Secretary-in-Charge” means the Principal Secretary or the Secretary, as the case may be, of the conce rned department of Government of Uttar Pradesh ; —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 2. For S.O.R. see at the end of the Act. 3. Subs. by sec. 2 of U.P. Act No. 5 of 2009. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 712 (x) “Senior Administrative officers of the State” means officers of the Indian Administrative Service and Provincial Civil Service of Uttar Pradesh posted in the [University]1 by the State Government ; (xi) “Teacher” means a teacher employed by the [University]1 for imparting education and guiding and conducting research in the [University]1 ; (xii) “Visitor” means the Visitor of the [University]1 referred to in section 7. Establishment and incorporation of the [University]1 3. (1) With effect from such date as the State Government may by notification appoint, there shall be established in the State of Uttar Pradesh an [University]1 by the name of Doctor Ram Manohar Lohiya [National Law University]1 Uttar Pradesh. (2) The [University]1 shall be a body corporate. (3) The headquarters of the [University]1 shall be at Lucknow. (4) In relation to the [University]1 to be established u nder this section, — (a) the State Government shall appoint interim officers of the [University]1 and constitute interim authorities of the [University]1 in such manner, as it thinks fit ; (b) the officers appointed and members of the authorities constituted under clause (a) shall hold office until the appointment of officers or the constitution of the authorities in accordance with clause (c) or such other earlier date as may be specified by the State Government in this behalf : Provided that the State Government may, be notification, extend the term of members of such authorities for a period not exceeding two years; (c) the State Government shall take steps for the appointment of officers and constitution of authorities of the [University]1 in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b). Objectives of the [University]1 4. The objectives of the [University]1 shall be, — (i) to advance and disseminate learning and knowledge of law and legal processes and their role in national development ; (ii) to develop in the student and research scholar a sense of responsibility to serve society in the field of law by develop ing skills in regard to advocacy, Judicial and other legal services, legislation, law reforms in the existing laws and the like ; (iii) to organize lectures, seminars, symposia and conferences, to promote legal knowledge and to make law and legal process es efficient instrument of social development ; —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 714 (iv) to hold examinations and confer degrees and other academic distinctions ; and (v) to do all such things as are incidental, necessary or conductive to the attainment of all or any of the objectives of the [University]1. Powers and functions of the [University]1 5. The powers and functions of the [University]1 shall be, — (i) to administer and manage the [University]1 and such centers for research, education and instruction as are necessary for the furtherance of the objectives of the [University]1 ; (ii) to provide for instructions in such branches of knowledge o f learning pertaining to law, as the [University]1 may deem fit and to make provision for research and for the advancement and dissemination of knowledge of law ; (iii) to sponsor and undertake research in all aspects of law, justice and social development ; (iv) to prescribe qualifications and to regulate the admission of students to the [University]1 for a course of study for a degree or a diploma ; (v) to organize and undertake extra mural teaching and extension services ; (vi) to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such conditions as the Sansthan may determine and to withdraw any such diplomas, certificates, degree or other academic distinctions for good and sufficient cause ; (vii) to confer honorary degree or other distinctions in such manner as may be prescribed ; (viii) to fix, demand and receive fees and other charges ; (ix) to Institute and maintain halls and hostels and to recognize places o f residence for the students of the [University]1 and to withdraw such recognition accorded to any such place of residence ; (x) to supervise and control the residence, and to regulate the discipline, of the students of the [University]1 and to make arrangements for prompting their health ; (xi) to make arrangements in respect of the residence, discipline and teaching of students ; (xii) to create academic, technical, administrative, ministerial and other posts with the prior approval of the State Government ; (xiii) to regulate and enforce discipline among the employees of the [University]1 and to take such disciplinary measures as may be deemed necessary ; —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act No. 35, 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 716 (xiv) to institute professorships, [Associate/Assistant Professorship] 1, lectureships, and any other teaching, academic or research posts required by the [University]2 with the prior approval of the State Government ; (xv) to appoint persons as professors, readers, lecturers or otherwise as teachers and research scholars of the [University]2 ; (xvi) to institute and award fellowships, scholarship, prizes and medals ; (xvii) to provide for printing, reproduction and publication of research and other works and to organize exhibitions ; (xviii) to co —operate with any other organization in the matter of education, training and research in law, justice, social deve lopment and allied subject for such purposes as may be agreed upon on such terms and conditions as the [University]2 may from time to time determine ; (xix) to co -operate with institutions of higher learning in any part of the world having objects wholly or partially similar to those of the [University]2, by exchange of teacher and scholars and generally in such manner as may be conductive to the common objects ; (xx) to regulate the expenditure and to manage the accounts of the [University]2 ; (xxi) to establish and maintain, within the premises of the [University]2 or elsewhere, such class and study halls as the [University]2 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]2 ; (xxii) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the [University]2 and consistent with the objectives for which the [University]2 is established ; (xxiii) to purchase, take on lease or accept as gifts or otherwise, any land or building or works, which may be, necessary or convenient for the purpose of the [University]2, on such terms and conditions as it may think fit and proper, and to construct, or to alter and maintain, any such building or works ; (xxiv) to sell, exchange lease or otherwise dispose of all or any portion of the properties of the [University]2, movable or immovable, on such terms as it may deem fit and proper without prejudice to the interest and activities of the [University]2 : Provided that where the properties have been created with the financial assistance of the State or the Central Government prior approval of the State Government shall be necessary ; —————————————————————————————————————————— 1. Subs. by sec. 3 of U. P. Act no. 35 of 2006. (for the word readership.) 2. Subs. by sec. 2 of U.P. Act No. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 718 (xxv) to draw and accept, to make and endorse to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments ; (xxvi) to execute conveyance s transfer, re -conveyances, mortgages, leases, licenses and agreements in respect of property, movable or immovable including Government securities belonging to the [University]1 or to be acquired for the purpose of the [University]1 with prior approval of the State Government ; (xxvii) to appoint in order to execute an instrument or transact any business of the [University]1, any person as it may deem fit ; (xxviii) to enter into any agreement with Central Government, State Government, the University Gra nts Commission or other authorities for receiving grants ; (xxix) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities, funded or based upon all or any of the properties and assets of the [University]1 or without any securities and upon such terms and conditions as it may deem fit and to pay out of the funds of the [University]1 all expenses incidental to the raising of money, and to repay and redeem any money borrowed ; (xxx) to invest the funds of the [University]1 or fund entrusted to the [University]1 in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment ; (xxxi) to constitute for the benefit of the academic, technical, administrative and oth er staff, in such manner and subject to such conditions as may be prescribed by the re gulations, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the [University]1 and to aid in establishment and support of the associations, institutions, funds trusts and conveyance calculated to benefit the staff and the students of the [University]1; (xxxii) to do all such other acts and things as the [University]1 may consider necessary, conducive or incidental to the attainments or enlargements of all or any of its objectives. Teaching in the [University]1 6. (1) All recognized teaching in connection with the degrees, diplomas and certificates of the [University]1 shall be conducted under the control of the General Council by the teachers of the [University]1 in accordance with such syllabus as may be prescribed. (2) The courses and curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed. Visitor of the [University]1 7. 2[(1) The Chief Justice of India shall be the Visitor of the University : Provided that in case the Chief Justice of India does not give his consent to hold the office of the Visitor of the University, he shall then —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 2. Ins. by sec. 2 of U. P. Act no. 9 of 2015. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 720 nominate any sitting Judge of the Supreme Court of India to hold the office of the Visitor of the University.]1 (2) The Visitor shall have the righ t to cause inspection to be made, by such person or persons as he may direct, of the [University]2, its buildings libraries and equipments and of any Institution maintained by the [University]2, and also of the examinations teaching and other work conducted or done by the [University]2 and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the [University]2. (3) The Visitor shall give notice to the [University]2 of his intention to cau se an inspection or inquiry to be made and the [University]2 shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection of inquiry. (4) The Visitor may address the Director with reference to t he result of such inspection or inquiry and the Director shall communicate to the General Council the Views of the Visitor along with such advice as the Visitor may have offered on the action to be taken thereon. (5) The General Council shall communicat e through the [Vice-Chancellor]3 the Visitor such action, if any, as it proposes to take or has been taken on the result of such inspection or inquiry. Authorities of the [University]2 8. The following shall be the authorities of the [University]2 :— (i) the General Council ; (ii) the Executive Council ; (iii) the Academic Council ; (iv) the Finance Committee ; and (v) such other authorities as may be prescribed. General Council 9. (1) There shall be a General Council of the [University]2 which shall consist of the following members, namely :— 1. Ex-officio Members (i) The Chief Minister of Uttar Pradesh. (ii) The Chief Justice of High Court of Judicature, at Allahabad. (iii) The Minister of Law Government of Uttar Pradesh. (iv) The Minister of Hi gher Education Government of Uttar Pradesh. (v) The Advocate General, Uttar Pradesh. 4[(v-a) The Chairman, Bar Council of India.] (vi) The Chairman, State Bar Council, Uttar Pradesh. —————————————————————————————————————————— 1. Ins. by sec. 2 of U.P. Act no. 9 of 2015. 2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 3. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 4. Ins. by sec. 2 of U. P. Act no. 26 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 722 (vii) The Secretary -in-charge of Judicial Department, Govern - ment of Uttar Pradesh. (viii) The Secretary -in-charge of Finance Department Govern - ment of Uttar Pradesh. (ix) The Secretary -in-charge of Higher Education Department, Government of Uttar Pradesh. (x) The [Vice-Chancellor]1 of the [University]2. II. Nominated Members (i) one Judge of the High Court of Judicature at Allahabad nominated by the chief Justice of the said High Court ; (ii) [ X X X X ]3 (iii) [ X X X X ]4 (iv) a Vice -Chancellor of a University of Uttar Pradesh to be [nominated by the Chairperson of the General Council.]5 (v) one nominee of the Bar Council of India from amongst its members ; (vi) five eminent persons in the field of law to be [nominated by the Chairperson of the General Council.] 6 [(2) The Chief Minister of Uttar Pradesh shall be the Chairperson of the Ge neral Council and the Vice -Chancellor of 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.] 7 Term of Office of members of the General Council 10. (1) The term of the 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 cause 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]1 accepts a full time appointment in the [University]2 or if he f ails to attend three consecutive meetings of the General Council without the leave granted by the [Chairperson]1 or acts against the interests of the [University]2. —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 2. Subs. by sec. 2 of U.P. Act no. 35, 2006. 3. Omit. by sec. 3 of U. P. Act no. 5 of 2009. 4. Omit. by sec. 3 of U. P. Act no. 5 of 2009. 5. Subs. by sec. 3(b) of U. P. Act no. 5 of 2009. 6. Subs. by ibid. 7. Ins. by sec. 3 of U. P. Act no. 9 of 2015. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 724 (4) A member of General Council may resign his office by a letter addressed to the [Chairperson]1 and such resignation shall take effect as soon as it has been accepted by the [Chairperson]1. (5) Any vacancy in the General Council shall be filled either by appointment or nomination, as the ca se may be, of a person by the respective author ity 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. Powers of the General Council 11. The Gene ral Council shall have the following powers, namely ; (i) to appoint [Vice-Chancellor]1 of the [University] 2 under the provisions of this Act ; (ii) to exercise the powers and functions of the [University]2 referred to in section 5 except where such p owers are given to some other authority or officer of the [University]2 under the provisions of this Act ; (iii) to review from time to time the broad policies and programmes of the [University]2 and to take measures for the improvement and development of the [University]2 ; (iv) to consider and pass resolutions as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts ; (v) to delegate all or any of its powers to the [Vice-Chancellor]1 or any commi ttee or any sub -committee or to any one or more of its members, and (vi) to perform such other functions as it may deem necessary for the efficient functioning and administration of the [University]2. Meeting of the General Council 12. (1) The General Co uncil shall meet atleast once in a year and [atleast ten days notice]3 shall be given for its meetings. (2) [The Chairperson] 1 shall preside over the meeting of the general Council and in his absence; any member duly authorized by the [Chairperson]1 shall preside over the meeting. (3) One third of the total number of members of the General Council shall form a quorum for a meeting. (4) Each member shall have one vote and if there be equality of votes on any question to be determined by the General Cou ncil, the [Chairperson]1 or the person presiding over the meeting shall, in addition have a casting vote. (5) If urgent action by the General Council becomes necessary, the [Chairperson]1 may permit the business to be transacted by circulation —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 3. Subs. by sec. 4 of U. P. Act no. 35 of 2006. (for fifteen days). [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 726 of papers to the me mbers of the General Council. The action proposed to be taken shall not be taken unless agreed to by one-third of the total members of the General Council. The action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed before the next meeting of [the General Council.]1 (6) A report of the working of the [University] 2 during the previous year, together with a statement of receipts and expenditure, the balance sheet as audited, and the financial e stimate shall be presented by the [Vice-Chancellor] 3 to the General Council at its annual meeting. The executive Council 13. (1) The Executive Council shall be the chief executive body of the [University]2. (2) The administration, management and control o f the [University]2 and the income thereof shall be vested with the Executive Council which shall control and administer the property and funds of the [University]2. Constitution of the Executive Council 14. (1) The Executive Council shall consist of the following members, namely :— (i) the [Vice-Chancellor]3 ; (ii) Three members of the General Council to be 4[nominated by the Chairperson of the General Council] ; 5 [(ii-a) The Chairman, Bar Council of India, or his nominee. ]; (iii) The Chairman of the State Bar Council, Uttar Pradesh ; (iv) The Secretary -in-charge of Judicial Department, Government of Uttar Pradesh ; (v) The Secretary-in-charge of Finance Department Govern- ment of Uttar Pradesh ; (vi) The Secretary -in-charge of Higher Education Depart - ment, Government of Uttar Pradesh ; (vii) Two eminent educationists 4[nominated by the Chairperson] of the General Council]; (viii) Two persons of social eminence 6[nominated by the Chairperson of the General Council]; (ix) Two 7[Senior Professors] of the [University]2, by rotation according to seniority. (2) The [Vice-Chancellor]3 shall be the [Chairperson]3 of Executive Council and the Registrar shall be the Secretary of the Executive Council. —————————————————————————————————————————— 1. Subs. by sec. 4 of U. P. Act no. 5 of 2009. 2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 3. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 4. Subs. by sec. 5 of U.P. Act no. 5 of 2009. 5. Ins. by sec. 3 of U.P. Act no. 26 of 2006. 6. Subs. by sec. 5 of U.P. Act no. 5 of 2009. 7. Subs. by sec. 5(b) of U.P. Act no. 5 of 2009. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 728 Term of office of Executive Council 15. (1) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment. (2) A me mber of the Executive Council shall cease to be a member thereof if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude of if member other than the [Vice-Chancellor]1 or a member of a faculty accepts a full time appointment in the [University]2 or if he fails to attend three consecutive meeting of the Executive Council without the leave granted by the [Chairperson]1 of the Executive Council or acts against the interests of the [University]2. (3) Members of the Executive Council shall relinquish their membership on the expiry of three years from the date on which they become members of the Executive Council Unless the membership of the Executive Council is previously terminated as prov ided in the above sub -sections but shall be eligible for re -nomination or re - appointment, as the case may be. (4) A member of the Executive Council other than ex -officio member may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as it has been accepted by the [Chairperson]1 of the Executive Council. (5) Any vacancy in the Executive Council shall be filled either by appointment of nomination, as the case may be, by the resp ective authority entitled to make the same and on the expiry of the period of the vacancy such appointment or nomination shall cease to be effective. Powers and functions of the Executive Council 16. Without prejudice to the provisions of section 11, th e Executive Council shall have the following powers and functions :– (i) to create teaching posts in the [University]2 and to determine the qualifications, emoluments and duties attached thereto with the prior approval of the State Government after conside ring the recommendations of the Academic Council ; (ii) to appoint from time to time, Professors, Readers, Lecturers, other members of the teaching staff, the Librarian and such other members of the teaching staff as may be necessary on the recommendations of the Selection Committee 3 [constituted under section 25 in such manner as may be prescribed.] (iii) to create administrative, ministerial and other necessary posts to determine the minimum qualifications and emoluments of such posts with the prior approval of the State Government ; (iv) to manage and regulate the finances, accounts investments, property, business and all other administrative affairs of the [University]2; —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 3. Subs. by sec. 5 of U. P. Act no. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 730 (v) to invest any money belonging to the [University]1 including any unapplied income, in such stock funds, shares or securities, as it may, from time to time, deem fit for in the purchase of immovable property in India, with the like power of varying such in vestments from time to time ; (vi) to transfer or accept transfer of any movable or immovable property on behalf of the [University]1 : Provided that no immovable property shall be transferred to the third party without the prior approval of the State Government; (vii) to enter into, vary, carryout and cancel contracts on behalf of the [University]1 and for that purpose to appoint such officers as it may deem fit ; (viii) to provide the buildings, premises, furniture and apparatus and other means neede d for carrying on the work of the [University]1 ; (ix) to entertain, adjudicate and to redress any grievances of the Officer of the [University]1, the teacher, the students and employees who may, for any reason, feel aggrieved ; (x) to appoint exami ners and moderations, and if necessary to remove them and to fix their fees, emoluments and traveling and other allowances, after consulting the Academic Council ; (xi) to select a common seal for the [University]1 and to provide for the custody of the seal ; (xii) to make such regulations as may, from time to time be considered necessary for regulating the affairs and the management of the [University]1 and to alter, modify and to rescind them ; (xiii) to delegate any of its powers except the power s to make regulations to any Officer or Authority either temporarily or permanently ; and (xiv) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act. Reservation in admissions and appointments 17. (1) The Executive Council may, by regulations, provide for reservations of seats to the residents of the State of Uttar Pradesh and Members of Scheduled Castes, Scheduled Tribes and other backward classes as defined in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other backward classes) Act, 1994 in admission to the various courses. (2) The provision of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and othe r Backward Classes) Act, 1994 and the orders and instructions issued from time to time by the State Government with respect to reservation shall be applicable to the posts to be filled by direct recruitment or by promotion in every existing teaching or non -teaching staff of the [University]1. —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 732 Meeting of the Executive Council 18. (1) The Executive Council shall meet atleast once in three months and not less than [ten days notice ]1 shall b e given for such meeting. (2) The [Chairperson]2 of the Executive Council shall preside over a meeting of the Executive Council, and in his absence the members’ presents shall elect a person from amongst themselves to preside over the meeting. (3) One-third of the total members of the Executive Council, shall form the quorum at any meeting thereof. (4) Each member of the Executive Council shall have one vote and if there shall be equality of votes on any question to be determined by the Executive Counc il, the [Chairperson]2 of the Executive Council, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote. Constitution of Standing Committee and appointment of adhoc committees by the Executive Council 19. (1) Subject to the provisions of this Act or the regulations made in this behalf the Executive Council may by resolution, constitute such standing committees or appoint adhoc committees for such purposes and with such powers as the Ex ecutive Council may think fit for exercising any power or discharging any function of the Sansthan or for enquiring into, reporting or advising upon any matter relating to the [University]3. (2) The Executive Council may co -opt persons to a standing committee or an adhoc comm ittee as it considers suitable and may permit them to attend the meetings of the Executive Council. 4[(3) If an urgent action by the Executive Council becomes necessary, the Chairperson of the General Council may permit the business to be transacted b y circulation of papers to the members of the Executive Council. The action proposed under this sub -section shall not be taken unless agreed to by one -third of the total members of the Executive Council. The action so taken shall be forthwith intimated to all the members of the Executive Council and the matter shall be reported in the next meeting of the Executive Council. ] Academic Council 20. the Academic Council shall be the academic body of the [University]3 and shall, subject to the provision of thi s Act and the regulations, have power of control and general regulation of, and be responsible for, the maintenance of standards of instructions, education and examination of the [University]3 and shall exercise such other powers and perform such other dut ies 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. Constitution of the Academic Council 21. (1) The Academic Council shall consist of the following members, namely :— (i) the [Vice-Chancellor]2, who shall be the [Chairperson]2 thereof ; —————————————————————————————————————————— 1. Subs. by sec. 6 of U. P. Act no. 35 of 2006. 2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 3. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 4. Ins. by sec. 6 of U. P. Act no. 5 of 2009. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 734 (ii) three persons from amongst the educationists of repute or men of letters or members of any profession or eminent public men, who are not in service of the [University] 1 nominated by [the Chairperson]2 ; (iii) the Secretary -in-charge of Judicial Department, Government of Uttar Pradesh or his nominee not below the rank of Special Secretary ; (iv) a nominee of the Bar Council of Uttar Pradesh ; (v) all the Heads of the Department of the [University]1 ; (vi) all Professors other than the Heads of the Department, if any; (vii) two members of the teaching staff , one each representing [the Associate Professors/Assistant Professors and Lecturers of the University.] 3 (2) The term of the members other than ex-office members shall be three years. (3) Where a person has become a member of the Academic Council by re ason of the office or appointment he holds, his membership shall terminate when he ceases to hold such office of appointment. (4) A member of the Academic Council shall cease to be a member thereof 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] 4 or a member of faculty accepts full time appointment in the [University]1 or if he fails to attend three consecutive meetings of the Acad emic council without the leave of the [Chairperson]4 of the Academic Council. (5) Unless the membership of the Academic Council thereof is previously terminated as provided in the forgoing sub -sections, membership on the expiry of three years from the d ate on which they become members of the Ac academic Council but shall be eligible for re-nomination or re-appointment, as the case may be ; (6) A member of the Academic Council other than an ex -officio member may resign his office by a letter addressed to the [Chairperson]4 of the Academic Council and such resignation shall take effect as soon as it has been accepted by the [Chairperson]4 of the Academic Council. (7) Any vacancy in the Academic Council shall be filled either by appointment or nominati on, as he case may be, by the respective authorities to make the same. Powers and duties of the Academic Council 22. Subject to the provisions of this Act or the regulations, the Academic Council shall in addition to all other powers vested in it, have the following powers, namely :— —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 35, 2006. 2. Subs. by sec. 7 of U. P. Act no. 5 of 2009. 3. Subs. by sec. 7 of U. P. Act no. 35 of 2006. 4. Subs. by sec. 2 of U.P. Act no. 5 of 2009. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 736 (i) to report on any matter referred to or delegated to it by the General Council or the Executive Council ; (ii) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the [University]1 and the qualifications emoluments and duties attached thereto ; (iii) to formulate and modify or revise schemes for o rganization of the faculties and to assign to such faculties their respective subjects and also to report the Executive Council as to the expediency of the abolition or sub -division of any faculty or the combination of one faculty with another ; (iv) to promote research within the [University]1 and to require, from time to time, report on such research ; (v) to consider proposals submitted by the faculties ; (vi) to lay norms and to appoint committees for admission to the [University]1. (vii) to recognize diplomas and degrees of other Universities and Institutions and to determine their equivalence in relation to th e diplomas and degree of the [University]1. (viii) to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competitions for fellowship, scholarship and other prizes and to award the same ; (ix) to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary their removal and he fixation of their fe es, emoluments and travelling and other expenses ; (x) to make arrangement for the conduct of examinations and to fix dates for holding them ; (xi) to declare the results of the various examinations or to appoint committee or effects to do so, and to ma ke recommendations regarding the conferment or grant of degrees, honours, diplomas, licences, titles and marks of honour. (xii) to award stipends, scholarship, medals and prizes and to make other awards in accordance with the regulajtions and such other conditions as may be attached to the awards ; (xiii) to publish list of prescribed or recommended tezt books and to publish syllabus of the prescribed courses of study ; (xiv) to prepare such forms and registers as are, from time to time, prescribed by regulation ; and (xv) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out the provisions of this Act and the regulations. —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 738 Meetings of the Academic Council 23. (1) The Academic Council shall preside over th e meeting of the Academic Council, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting. (2) the [Chairperson] 1 of the Academic Council shall preside over the meeting of the Academic Council, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting. (3) One half of the total number of members of the Academic Council shall form the quorum for a meeting of the Academic Council. (4) Each memb er of the Academic Council shall have one vote and if there shall be equality of votes on any question to be determined by the Academic Council, the [Chairperson]1 of the Academic Council, or as the case may be, the member presiding over the meeting shall, in addition, have a casting vote. The Finance Committee 24. (1) There shall be a Finance Committee consisting of the following members namely :— (i) the [Vice-Chancellor]1 ; (ii) one member nominated by the General Council from amongst its members ; (iii) one member nominated by the Executive Council from amongst its members ; (iv) the Secretary in -charge, Department of Higher Education, Uttar Pradesh or his nominee not below the rank of Special Secretary ; (v) the Secretary in -charge of Judicial Department Government Uttar Pradesh or his nominee not below the rank of Special Secretary ; (vi) the Secretary in-charge, Finance Department, Uttar Pradesh or his nominee not below the rank of Special Secretary ; (vii) the Registrar ; (viii) The Finance Officer-Member Secretary. (2) The nominated members of the Finance Committee shall hold office for a period of three years. (3) The Finance Committee shall have the following powers, duties and functions namely :— (i) to examine and scrutinize the annual budget of the Sansthan and to make recommendations on financial matters to the Executive Council ; (ii) to consider all proposals for new expenditure and to make recommendations to the Executive Council ; (iii) to consider the periodical stat ements of accounts and to review the finance of the [University]2 from time to time and to consider re-appropriation statements and audit reports to make recommendations to the Executive Council ; —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 740 (iv) to give its views and to make recommendations to the Executive Council on any financial matter affecting the [University]1 either on its own initiative or on reference from the Execu tive Council or the [Vice-Chancellor]2 ; (4) The Finance Committee shall meet at least once in six months three members of the Finance Committee shall form the quorum. (5) The [Vice-Chancellor]2 shall preside over the meetings of the Finance Committee, a nd in his absence, the members present shall elect a person from amongst themselves to preside over the meeting. Selection Committee 25. (1) The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of teachers and other employees in the [University]1. (2) The selection committee shall consist of the following members, namely :— (i) the [Vice-Chancellor]2 who shall be the [Chairperson]2 of the Committee ; (ii) the Head of the Department concerned, if any who is not lower in rank than that of the post for which selection is to be made ; (iii) (a) Where an appointment is to be made for any teaching post, three experts nominated by the [Vice-Chancellor]2 from amongst a panel of names recommended by the Academic Council and approved by the Executive Council. (b) Where an appointment is to be made to any post other than concerned with teaching three experts 3[in the field of the ad ministra- tion of this University] to be nominated by the [Vice-Chancellor]2 from amongst a penal of names recommended by the Executive Council. (3) Where an endowment from a donor is accepted by the [University]1 for establishing a Chair, the donor may be co -opted as member of the Selection Committee for the purpose of filling in that post. Officer of the [University]1 26. The following shall be the officers of the [University]1, namely:— (i) the [Vice-Chancellor]2 ; (ii) the Head of the Department ; (iii) the Registrar ; (iv) the Finance Officer (v) such other officer as may be prescribed. [The Vice- Chancellor]2 27. (1) The [Vice-Chancellor]2 shall be a whole time salaried officer of the [University]1. The [Vice-Chancellor]2 after the commencement of this —————————————————————————————————————————— 1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 3. Subs. by sec. 8 of U. P. Act no. 35 of 2006. [Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 742 Act shall be appointed by the General Council [from amongst eminent academicians or educationist or professors of eminence in the field of law]1 whose names are sent to the General Council by the Committee constituted in accordance with provisions of sub-section (2) : Provided that the first Director shall be appointed by the State Government. 2[(1-A) Notwithstanding anything to the contrary contained in sub-clause (1), the [Chairperson]3 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; ] (2) 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 b e [nominated by the Chai rperson of the General Council.] 4 (iii) One person to be nominated by the State Government. (3) The Committee shall, as far as may be, at least six months before the date on which a vacancy in the office of the Director is due to occur by reason of expiry of term or resignation under sub -section (4), 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 Director. The Committee shall, while submitting the names, also forward to the General Council a concise statement showing the academic qualifications and other distinctions of each of the persons so recommended, nut shall not indicate any order of preference. (4) The [Vice-Chancellor]3 shall hold office for a term of five years from the date on which he enters upon his office [X X X ]5. Provided that the [Vice-Chancellor]3 may by writing under his hand
Excerpt shown. Open the full act in Lexace.