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The West Bengal National University Of Juridical Sciences Act, 1999

West Bengal · state statute
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GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act IX of 1999 
THE WEST BENGAL NATIONAL UNIVERSITY OF 
JURIDICAL SCIENCES ACT, 1999. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 3rd August, 1999.] 
[3rd August, 1999.] 
An Act to establish and incorporate a National University of Juridical 
Sciences at Calcutta in West Bengal. 
WHEREAS the Committee appointed by the Chief Justices' Conference 
on Legal Education and Training (1993) has recommended the 
establishment in each State of an institution on the model of the National 
Law School of India University at Bangalore; 
AND WHEREAS the All India Law Ministers' Conference (1995) has 
resolved to set up in each State a Law School modelled on the. lines of 
the National Law School of India University at Bangalore for improving 
the quality of professional legal education; 
AND WHEREAS it is considered necessary to encourage the establishment 
of such a national level institution of excellence in higher learning of 
law in the State of West Bengal; 
AND WHEREAS it is deemed expedient to establish the National 
University of Juridical Sciences for the purpose hereinafter appearing; 
It is hereby enacted in the Fiftieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal National University Short title 
of Juridical Sciences Act, 1999. 	 and 
commence- 
ment. 
(2) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint, and different dates 
may be appointed for different provisions of this Act. 
151 
The West Bengal National University of Juridical 
Sciences Act, 1999. _ 
[West Ben. Act 
Definitions. 
Establish-
ment and 
incorpora-
tion of the 
University. 
(Sections 2, 3.) 
2. In this Act, unless the context otherwise requires,— 
(1) "Academic Council" means the Academic Council of the 
University; 
(2) "Bar Council of India" means the Bar Council of India 
constituted under the Advocates Act, 1961; 
(3) "Bar Council" means the Bar Council of West Bengal 
constituted under the Advocates Act, 1961; 
(4) "Chancellor" means the Chancellor of the University; 
(5) "Executive Council" means the Executive Council of the 
University; 
(6) "General Council" means the General Council of the 
University; 
(7) "Registrar" means the Registrar of the University; 
(8) "regulations" means the regulations of the University made 
under section 13; 
(9) "Schedule" means the Schedule to this Act; 
(10) "Chief Justice" means Chief Justice of West Bengal and 
includes the Judge performing the duties of Chief Justice 
of High Court; 
(11) "University" means the West Bengal National University of 
Juridical Sciences established under section 3; 
(12) "Vice-Chancellor" means the Vice-Chancellor of the 
University; 
(13) "Finance Committee" means the Finance Committee of the 
University. 
3. (1) With effect from the coming into force of this Act, there 
shall be established, in the State of West Bengal, a University by the 
name of the West Bengal National University of Juridical Sciences, 
which shall consist of the Chancellor, the Vice-Chancellor, the General 
Council, the Executive Council, the Academic Council and the Registrar. 
(2) The University shall be a body corporate by the name as aforesaid, 
having perpetual succession and common seal, with power, subject to 
the provisions of this Act, to acquire and hold property and to contract, 
and shall, by the said name, sue and be sued. 
25 of 1961. 
152 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Sections 4,. 5.) 
(3) In all suits and other legal proceedings by or against the Univeristy, 
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 Calcutta. 
4. (1) The objects of the University shall be to advance and 
disseminate learning and knowledge of law and legal processes and their 
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, legal services, legislation, law 
reforms and the like, to organise lectures, seminars, symposia and 
conferences, to promote legal knowledge and to make law and legal 
processes efficient instruments of social development, to promote inter-
disciplinary study of law in relation to management, technology, 
international co-operation and development, to hold examinations and 
confer degrees including joint degrees in law combined with other 
disciplines and other academic distinctions, and to do all such things as 
are incidental, necessary or conducive to the attainment of all or any of 
the objects of the University. 
(2) The University shall be open to all persons of all religions of 
either sex irrespective of race, creed, caste or class and it shall not be 
lawful for the University to impose on any person any test, whatsoever 
.of religious belief or profession, in order to entitle him to be admitted 
thereto as a teacher or a student or to hold any office therein or to 
graduate thereat or to enjoy or to exercise any privilege thereof. 
5. The powers and functions of the University shall be— 
(i) to administer and manage the University and such centres 
for research, education and instruction as are necessary for 
the furtherence 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 advancement 
and dissemination of knowledge of law; 
(iii) to organise and undertake extramural teaching and extension 
services; 
(iv) to hold examinations and to grant diplomas or certificates, 
and to confer degrees including joint degrees in law 
combined with other disciplines and other academic 
The objects 
of the 
University. 
Powers and 
functions of 
the 
University. 
153 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Section 5.) 
distinctions on persons subject to such conditions 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 distinctions in such 
manner as may be laid down by 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 centres, specialized study centres 
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 arrangements as aforesaid in respect of the 
residence, discipline and teaching of women students; 
(xi) to create academic, technical, administrative, ministerial 
and other posts and to make appointments thereto; 
(xii) to regulate and enforce discipline among the employees of 
the University and to take such disciplinary measures as 
may be deemed necessary; 
(xiii) to institute professorships, associate professorships, assistant 
professorships, readerships, lecturerships, and any other 
teaching, academic or research posts required by the 
University; 
(xiv) to appoint persons as professors, associate professors, 
assistant professors, readers, 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; 
154 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Section 5.) 
(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 in any part 
of the world having objects wholly or partially similar to 
those of the University, by exchange of teachers and scholars 
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 establish and maintain, within the premises of the 
University or elsewhere, such class rooms and study halls 
as the University may consider necessary and adequate and 
to establish and maintain such libraries and reading rooms 
as may appear convenient or necessary for the University; 
(xxii) to receive grants, subventions, subscriptions, donations and 
gifts for the purpose of the University and consistent with 
the objects for which the University 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, 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, movable or 
immovable, on such terms as it may think fit and proper 
without preju2lice to the interest and activities of the 
University; 
(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 conveyances, transfers, reconveyances, 
mortgages, leases, licences 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; 
(xxvii) to appoint, in order to execute an instrument or transact any 
business of the University, any person as it may deem fit; 
155 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Section 5.) 
(xxviii) to give up, and to cease from carrying on, any classes or 
departments of the University; 
(xxix) to enter into any agreement with the Central Government 
or the State Government or the Government of any other 
State or the University Grants Commission or any other 
authorities for receiving grants; 
(xxx) to accept grants of money, securities or property of any 
kind on such terms as it may deem expedient; 
(xxxi) to raise and borrow money on bonds, mortgages, 
promissory notes or other obligations or securities founded 
or based upon all or any of the properties and assets of the 
University or without any securities and upon such terms 
and conditions as it may think fit and to pay, out of the 
funds of the University, all expenses incidental to the 
raising of money, and to repay and redeem any money 
borrowed; 
(xxxii) to invest the funds of the University or the 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; 
(xxxiii) to make, from time to time, such regulations as may be 
considered necessary for regulating the affairs and the 
management of the University and to alter, modify or rescind 
such regulations; 
(xxxiv) to constitute for the benefit of the academic, technical, 
administrative and other staff, in such manner and subject 
to such conditions as may be prescribed by regulations, 
pensions, insurance, provident fund (which shall be governed 
by the provisions of the Provident Funds Act, 1925, as if 19 of 1925. 
such fund were a Government Provident Fund) and gratuity 
as it may deem fit, to make such grants as it may think fit 
for the benefit of any employees of the University, and to 
aid the establishment and support of associations, 
institutions, funds, trusts and conveyance calculated to 
benefit the staff and the students of the University; 
(xxxv) to delegate all or any of its powers to the Vice-Chancellor 
or any committee, or any sub-committee, constituted by 
any authority of the University or to any one or more 
members of the General Council of the University or to any 
officers of the University; 
156 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Sections 6-8.) 
(xxxvi) to do all such other acts and things as the University may 
consider necessary, conducive or incidental to the attainment 
or• enlargement of the objects of the University. 
6. (1) All recognized teachings in connection with the degree, 
diplomas and certificates of the University shall be conducted, under the 
control of the General Council, by the teachers of the University in 
accordance with the syllabus prescribed by regulations. 
(2) The courses and curricula of, and the authorities responsible for 
organizing, such teaching shall be such as may be prescribed by 
regulations. 
7. (1) The Chief Justice of India shall be the Chancellor of the 
University. 
(2) The Chancellor shall have the right to cause an inspection, to 
be made by such person or persons as he may direct, of the University, 
its buildings, libraries and equipments, and of any institution maintained 
by the University, and also of the examinations, teaching and other work 
conducted or done by the University, 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. 
(3) The Chancellor shall, in every case, give notice to the University 
of his intention to cause an inspection or inquiry to be made, and the 
University shall be entitled to appoint a representative -who shall have 
the right to be present and be heard at such inspection or inquiry. 
(4) The Chancellor may address the Vice-Chancellor with reference 
to the result of such inspection or inquiry, and the Vice-Chancellor shall 
communicate to the General Council the views of the Chancellor along 
with such advice as the Chancellor may offer on the action to be taken 
thereon. 
(5) The General Council shall communicate through the Vice-
Chancellor to the Chancellor such action, if any, as it proposes to take, 
or as has been taken, on the result of such inspection or inquiry. 
8. The following shall be the authorities of the University:— 
(1) the General Council; 
(2) the Executive Council; 
(3) the Academic Council; 
(4) the Finance Committee; and 
(5) such other authorities as may be declared by the University 
to be the authorities of the University. 
Teaching of 
the 
University. 
Chancellor 
of the 
University. 
Authorities 
of the 
University. 
157 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Sections 9-13.) 
The General 
Council. 
The 
Executive 
Council. 
The 
Academic 
Council. 
Officers of 
the 
University. 
Regulations. 
9. The General Council shall be the supreme authority of the 
University. 
10. (1) The Executive Council shall be the Chief Executive body 
of the University. 
(2) The administration, management and control of the University 
and the income thereof shall vest in the Executive Council which shall 
control and administer the property and funds of the University. 
11. The Academic Council shall be the academic body of the 
University, and shall, subject to the provisions of this Act and the 
regulations, have the power of control and general regulation of, and 
shall be responsible for, the maintenance of standards of instruction, 
education and examination of the University, and shall exercise such 
other powers, and shall perform such other duties, as may be conferred 
or imposed upon it by this Act or the regulations. It shall also have the 
right to advise the Executive Council on the academic matters. 
12. The following shall be the officers of the University:— 
(a) the Vice-Chancellor; 
(b) the Heads of the Departments; 
(c) the Registrar; and 
(d) such other officers as may be prescribed by regulations. 
13. (1) Subject to the provisions of this Act, the Executive Council 
shall have, in addition to all other powers vested in it, the power to make 
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 shall be considered by the Executive Council: 
Provided further that except with the prior concurrence of the 
Academic Council, the Executive Council shall not make, amend or 
repeal any regulation affecting all or any of the following matters:— 
(a) the constitution, powers and duties of the Academic Council; 
(b) the authorities responsible for organizing teaching in 
connection with the University courses and related academic 
programmes; 
158 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Section 14.) 
(c) the withdrawal of degrees, diplomas, certificates and other 
academic distinctions; 
(d) the establishment and abolition of Faculties, Departments, 
halls and institutions; 
(e) the institution of fellowships, scholarships, studentships, 
exhibitions, medals and prizes; 
(f) conditions and modes of appointment of examiners, or 
conduct or standard of examinations, or any other course 
of study; 
(g) mode of enrolment or admission of students; 
(h) examinations to be recognized as equivalent to school 
examinations. 
(2) The Academic Council shall have the power to propose regulations 
on all or any of the matters specified in clauses (a) to (h) and matters 
incidental or related thereto. 
(3) Where the Executive Council has rejected any regulation proposed 
by the Academic Council, the Academic Council may appeal to the 
Chancellor, and the Chancellor may, by order, direct that the proposed 
regulation may be laid before the next meeting of the General Council 
for its approval and that pending such approval of the General Council, 
such regulation shall have effect from such date as may be specifed in 
the order: 
Provided that if the regulation is not approved by the General Council 
at such meeting, it shall cease to have effect. 
(4) All regulations made by the Executive Council shall be submitted, 
as soon as may be, for approval, to the Chancellor and to the General 
Council at its next meeting, and the General Council shall have, by a 
resolution passed by a majority of not less than two-thirds of the members 
present, the power to cancel any regulations made by the Executive 
Council and such regulations shall, from the date of such resolution, 
cease to have effect. 
14. (1) The Chancellor shall, at least once in every five years, Appoint- 
constitute a Commission to review the working of the University and met of a 
versity 
to make recommendations. 	 Review 
Commis- 
(2) The Commission shall consist of not less than three eminent sion. 
educationists, one of whom shall be the Chairman of such Commission 
appointed by the Chancellor in consultation with the State Government. 
(3) The terms and conditions of appointment of the members shall 
be such as the Chancellor may determine. 
159 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Sections 15-17.) 
(4) The Commission shall, after holding such enquiry as it deems 
fit, make its recommendation to the Chancellor. 
(5) The Chancellor may take such action on the recommendations 
as he deems fit. 
Action not 
invalidated 
merely on 
the ground 
of defect in 
constitution, 
vacancy, etc. 
Removal of 
difficulties 
at the 
commence-
ment. 
15. (1) Notwithstanding that the General Council, the Executive 
Council, the Academic Council or any other authority or body of the 
University is not duly constituted or there is a defect in its constitution 
or reconstitution at any time or there is a vacancy in the membership 
of any such authority or body, no act or proceedings of such authority 
or body shall be deemed to be invalid on any such ground or grounds. 
(2) No resolution of any authority or body of the University shall 
be deemed to be invalid on account of any irregularity in the service of 
notice upon any member, provided that the proceedings of such authority 
or body were not prejudicially affected by such irregularity. 
16. 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 first giving effect to the provisions of`this 
Act or the regulations, the Chancellor or the Vice-Chancellor, if the 
Chancellor so decides, may, at any time, before all the 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 to be 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 or the regulations, as the case may be: 
Provided that before making any such order, the Chancellor or the 
Vice-Chancellor, as the case may be, shall ascertain and consider the 
opinion of the Vice-Chancellor or the Chancellor, as the case may be, 
and of such appropriate authority of the University as may have been 
constituted: 
Provided further that no order shall be made under this section after 
the expiration of a period of two years from the date on which this Act 
comes into force. 
Transitory 	 17. Notwithstanding anything in this Act or the regulations, the provisions. 	 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 the 
160 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Sections 18-21.—Schedule.) 
Act and the regulations, and, for that purpose may exercise any power, 
or perform any duty, 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 or the regulations. 
18. The authorities of the University and their composition, powers, 
functions and other matters relating to them, the officers of the University 
and their appointment, powers, functions and other matters relating to 
them, and all other matters relating to the finances, powers, teaching, 
administration, and management of affairs of the University shall, subject 
to the provisions of this Act, be as specified in the Schedule or as may 
be provided by regulations. 
19. No suit, prosecution or other legal proceedings shall lie against 
and no damages shall be claimed from, the University, the Vice-
Chancellor, the authorities or officers of the University, or any other 
person in respect of anything which is in good faith done or purported 
to have been done in pursuance of this Act or the regulations. 
20. (1) The General Council may, with the prior approval of the 
Chancellor and the State Government, by notification published in the 
Official Gazette, amend, either prospectively or retrospectively, the 
Schedule. 
(2) A copy of every notification made under sub-section (1) shall 
be laid before the State Legislature, as soon as may be, after it is made. 
21. The provisions of this Act and the regulations shall have effect 
notwithstanding anything inconsistent therewith contained in any other 
law for the time being in force or in any instrument having effect by 
virtue of any law other than this Act. 
SCHEDULE. 
(See section 18.) 
1. Definitions.—In this Schedule, unless the context otherwise 
requires,— 
(1) "clause" means a clause of this Schedule; 
(2) "teacher" includes a professor, associate professor, assistant 
professor, reader, lecturer or any other person imparting 
instructions in the University. 
Authorities 
and officers 
of the 
University. 
Indemnity. 
Power to 
amend 
Schedule. 
Act to have 
overriding 
effect. 
161 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Schedule.) 
2. Membership of General Council.—There shall be a General 
Council of the University which shall consist of the following members:— 
(a) the Chancellor; 
(b) the Vice-Chancellor; 
(c) the Chief Justice, High Court at Calcutta; 
(d) the Speaker, West Bengal Legislative Assembly; 
(e) the Minister for Higher Education, Government of West 
Bengal; 
(0 the Minister for Law, Government of West Bengal; 
(g) the Minister for Finance, Government of West Bengal; 
(h) the Advocate-General of West Bengal; 
(i) an eminent scholar nominated by the Government of West 
Bengal; 
(j) the Chairman, Bar Council of India; 
(k) the Chairperson of the University Grants Commission or his 
nominee from among the members of the University Grants 
Commission; 
(1) the Chairman, Bar Council of West Bengal; 
(m) two Judges of the Supreme Court or a High Court, nominated 
by the Chancellor; 
(n) two distinguished lawyers, nominated by the Chief Justice 
of the High Court at Calcutta; 
(o) two distinguished educationists, nominated by the Vice-
Chancellor in consultation with the Chancellor; 
(p) the Director of Indian Institute of Management, Calcutta; 
(q) the Chairman of the West Bengal Human Rights 
Commission; 
(r) such other members of the Executive Council as are not 
otherwise members of the General Council: 
Provided that an employee of the University shall not be eligible for 
nomination under sub-clauses (n) and (p). 
3. Chairman and Treasurer.—(1) The Chancellor shall be the 
Chairman of the General Council. 
(2) A nominee of the General Council from among its members, 
other than employees of the University, shall be the Treasurer of the 
University. 
162 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Schedule.) 
4. Term of office of members of the General Council.—(1) The 
term of office of the members of the General Council shall, subject to 
the provisions of sub-clauses (2) and (3), be five years: 
Provided that the term of the first General Council shall be six years. 
(2) Where a member of the General Council becomes such member 
by reason of the office or appointment he holds or is a nominated 
member, his membership shall terminate when he ceases to hold such 
office or appointment or, as the case may be, his nomination is withdrawn 
or cancelled. 
(3) A member of the General Council shall cease to be 'a member 
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, accepts a full time appointment in the 
University. 
(4) A member of the General Council may resign his office by a 
letter addressed to the Chancellor, and such resignation shall take effect 
as soon as it is accepted by the Chancellor. 
(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 for so long as the member in whose place 
he is appointed or nominated could have held office if the vacancy had 
not occurred. 
5. Powers of the General Council.—The General Council shall 
have the following powers:— 
(a) to review from time to time the broad policies and programme 
of the University and suggest measures for the improvement 
and development of the University; 
(b) to consider and pass the resolution on the annual report, 
financial estimates and audit reports on the accounts of the 
University; 
(c) to perform such other functions as it may deem necessary 
for the efficient functioning and administration of the 
University. 
6. Meeting of the General Council.—(1) The General Council 
shall meet at least once in a year. An annual meeting of the General 
Council shall be held on a date to be fixed by the Executive Council, 
unless some other date has been fixed by the General Council in respect 
of any year. 
163 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Schedule.) 
(2) The Chancellor shall preside over the meetings of the General 
Council. In the absence of the Chancellor, the Chancellor shall nominate 
a member of the Executive Council to preside and, in the absence of 
both of them, the Vice-Chancellor shall preside. 
(3) A report of the working of the University during the previous 
year, together with a statement of receipts and expenditure, the balance 
sheet as audited, and the financial estimates shall be presented by the 
Vice-Chancellor to the General Council at its annual meeting. 
(4) The meetings of the General Council shall be called by the 
Chancellor or, in his absence, by the Vice-Chancellor, either on his own 
or at the request of not less than ten members of the General Council. 
(5) For every meeting of the General Council, 15 days' notice shall 
be given. 
(6) One-third of the members of the General Council shall form the 
quorum for the meeting. 
(7) Each member shall have one vote and if there be equality of votes 
on any question to be determined by the General Council, the Chancellor 
or the person presiding over the meeting shall, in addition, have a casting 
vote. 
(8) In the case of difference of opinion among the members, the 
opinion of the majority shall prevail. 
(9) If urgent action by the General Council becomes necessary, the 
Chancellor may permit the business to be transacted by circulation of 
papers to the members of the General Council. The action proposed to 
be taken shall not be taken unless agreed to by a majority of the 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 for confirmation. 
7. Membership of the Executive Council.—(1) The Executive 
Council shall consist of the following persons:— 
(a) the Vice-Chancellor; 
(b) a Judge from among the members of the General Council 
nominated by the Chancellor; 
(c) a distinguished lawyer-member of the General Council 
nominated by the Chancellor; 
(d) a distinguished educationist-member of the General Council 
nominated by the Chancellor; 
(e) the Law Secretary to the Government of West Bengal; 
164 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Schedule.) 
(f) the Higher Education Secretary to the Government of West 
Bengal; 
(g) the Principal Finance Secretary to the Government of West 
Bengal; 
(h) a nominee of the Government of West Bengal from among 
the members of the General Council; 
(i) two Professors or Associate Professors of the University by 
rotation. 
(2) The Vice-Chancellor shall be the Chairman of the Executive 
Council. 
8. Term of office of Executive Council.—(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 member of the Executive Council shall cease to be a member 
if he resigns or becomes of unsound mind or becomes insolvent or is 
convicted of a criminal offence involving moral turpitude or if a member, 
other than the Vice-Chancellor or a member of the Faculty, accepts a 
full time appointment in the University. 
(3) Unless the membership of a member of the Executive Council 
is previously terminated as provided in the preceding sub-clauses, such 
member shall relinquish his membership on the expiry of five years from 
the date on which he becomes member of the Executive Council but shall 
be eligible for renomination or reappointment, as the case may be: 
Provided that the term of the first Executive Council shall be six 
years. 
(4) A member of the Executive Council, other than an 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 is accepted by the Chairman of the Executive Council. 
(5) Any vacancy in the Executive Council shall be filled, either by 
appointment or nomination, as the case may be, by the respective authority 
entitled to make the same, and, on the expiry of the period of the vacancy, 
such appointment or nomination shall cease to be effective. 
9. Powers and functions of the Executive Council.—Without 
prejudice to clause 5, the Executive Council shall have the following 
powers and functions:- 
165 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Schedule.) 
(1) to appoint, from time to time, the Vice-Chancellor, the 
Registrar, the Librarian, Professors, Associate Professors, 
Assistant Professors and other members of the teaching 
staff, as may be necessary, on the recommendations of the 
Selection Committee constituted by regulations for the 
purpose: 
Provided that no action shall be taken by the Executive 
Council, except in the cases covered by the second proviso, 
in regard to the number, qualifications and emoluments of 
teachers, otherwise than after consideration of the 
recommendations of the Academic Council: 
Provided further that it shall not be necessary to constitute 
any selection committee for making appointments— 
(a) to any supernumerary post; or 
(b) to the post of Professor of a person of high academic 
distinction, eminence and professional attainment 
invited by the Executive Council to accept the post; 
(2) to create administrative, ministerial and other necessary 
posts, to determine the number and emoluments of such 
posts, to specify minimum qualifications for appointment 
to such posts, and to appoint persons to such posts on such 
terms and conditions of service as may be prescribed by 
regulations in this behalf, or to delegate the power of 
appointments to such authority or authorities or officer or 
officers as the Executive Council may, from time to time, 
by resolution, either generally or specifically, direct; 
(3) to grant in accordance with the regulations leave of absence, 
other than casual leave, to any officer of the University and 
to make necessary arrangements for the discharge of the 
functions of such officer during his absence; 
(4) to manage and regulate the finances, accounts, investments, 
property, business and all other administrative affairs of the 
University and, for that purpose, to appoint such agents as 
it may think fit; 
(5) to invest any money belogning to the University, including 
any unapplied income, in such stock, funds, shares or 
securities, as it may, from time to time, think fit, or in the 
purchase of immovable property in India, with the like 
power to vary such investments from time to time; 
(6) to transfer or accept transfers of any movable or immovable 
property on behalf of the University; 
166 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Schedule.) 
(7) to enter into, vary, carry out, or cancel contracts on behalf 
of the University and, for that purpose, to appoint such 
officers as it may think fit; 
(8) to provide buildings, premises, furniture and apparatus and 
other means needed for carrying on the work of the 
University; 
(9) to entertain, adjudicate upon, and if it thinks fit, to redress 
any grievances of the officers of the University, the teachers, 
the students and the University employees, who may, for 
any reason, feel aggrieved, otherwise than by an act of a 
court; 
(10) to appoint examiners and moderators, and, if necessary, to 
remove them, and to fix their fees, emoluments and travelling 
and other allowances, after consulting the Academic Council; 
(11) to select a common seal for the University and to provide 
for the custody of the seal; and 
(12) to exercise such other powers and to perform such other 
duties as may be conferred or imposed on it by or under 
this Act. 
10. Meeting of the Executive Council.—(1) The Executive Council 
shall meet at least once in six months and not less than fifteen days' 
notice shall be given of such meeting. 
(2) Six members of the Executive Council shall constitute a quorum 
for any meeting thereof. 
(3) In the case of difference of opinion among the members, the 
opinion of the majority shall prevail. 
(4) Each member of the Executive Council shall have one vote and, 
if there is equality of votes on any question to be determined by the 
Executive Council, the Chairman of the Executive Council or, as the case 
may be, the member presiding over the meeting shall, in addition, have 
a casting vote. 
(5) Every meeting of the Executive Council shall be presided over 
by the Vice-Chancellor or, in his absence, by a member chosen by the 
members present. 
(6) If any urgent action by the Executive Council becomes necessary, 
the Vice-Chancellor may permit the business to be transacted by circulation 
of papers to the members of the Executive Council. The action proposed 
to be taken shall not be taken unless agree to by a majority of members 
167 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Schedule.) 
of the Executive Council. The action so taken shall be forthwith-intimated 
to all the members of the Executive Council. The papers shall be placed 
before the next meeting of the Executive Council for confirmation. 
11. Constitution of the Standing Committees and appointment 
of ad hoc committees by the Executive Council.—(1) Subject to the 
provisions of this Act and the regulations as may be made in this behalf, 
the Executive Council may, by resolution, constitute such Standing 
Committees or appoint ad hoc committees for such purposes and with 
such powers as the Executive Council may think fit for exercising any 
power or discharging any function of the University for enquiring into, 
and reporting or advising upon, any matter relating to the University. 
(2) The Executive Council may co-opt such persons to a Standing 
Committee or an ad hoc committee as it considers suitable and may 
permit them to attend the meetings of the Executive Council. 
12. Delegation of powers by the Executive Council.—The 
Executive Council may, by resolution, delegate to the Vice-Chancellor 
or to a committee, such of its powers as it may deem fit, subject to the 
condition that the action taken by the Vice-Chancellor or such committee 
in the exercise of the powers so delegated shall be reported at the next 
meeting of the Executive Council. 
13. Membership of the Academic Council.—(1) The Academic 
Council shall consist of the following persons:— 
(a) the Vice-Chancellor, who shall be the Chairman; 
(b) a nominee of the Chairman of the Bar Council of India from 
among the members of its Legal Education Committee; 
(c) a nominee of the Chairman of the University Grants 
Commission from among the members of its Law Panel; 
(d) two distinguished law teachers nominated by the Vice-
Chancellor; 
(e) a nominee of the Government of West Bengal; 
(f) all Professors of the University; and 
(g) a representative each of the Associate Professors and the 
Assistant Professors of the University: 
Provided that an employee of the University shall not be eligible for 
nomination under item (d). 
(2) The term of the members, other than ex officio members, shall 
be five years: 
168 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.] 
(Schedule.) 
Provided that the term of the first Academic Council shall be six 
years. 
14. Powers and duties of the Academic Council.—Subject to the 
provisions of this Act and the regulations, the Academic Council shall, 
in addition to all other powers vested in it, have the following powers:— 
(1) to report on any matter referred or delegated to it by the 
General Council or the Executive Council; 
(2) to make recommendations to the Executive Council with 
regard to the creation, abolition or classification of teaching 
posts in the University and the emoluments and the duties 
attached thereto; 
(3) to formulate and modify or revise schemes for the 
organization of the Faculties, and to assign to such Faculties 
their respective subjects and also to report to the Executive 
Council as to the expediency of the abolition or sub-division 
of any Faculty or the combination of one Faculty with 
another; 
(4) to make arrangements by regulations for the instruction and 
examination of persons other than those enrolled in the 
University; 
(5) to promote research within the University and to require, 
from time to time, reports on such research; 
(6) to consider proposals submitted by the Faculties; 
(7) to appoint committees for admission to the University; 
(8) to recognize diplomas and degrees of other Universities and 
institutions and to determine their equivalence in relation 
to the diplomas and degrees of the University; 
(9) to fix, subject to any conditions accepted by the General 
Council, the time, mode and conditions of competition for 
fellowships, scholarships and other prizes, and to award the 
same; 
(10) to make recommendations to the Executive Council in regard 
to the appointment of examiners and, if necessary, their 
removal and the fixation of their fees, emoluments and 
travelling and other expenses; 
(11) to make arrangements for the conduct of examinations and 
to fix dates for holding them; 
169 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
[West Ben. Act 
(Schedule.) 
(12) to declare the result of the various examinations, or to 
appoint committees or officers to do so, and to make 
recommendations regarding the conferment or grant of 
degrees, honours, diplomas, licences, titles and marks of 
honour; 
(13) to award stipends, scholarships, medals and prizes and to 
make other awards in accordance with the regulations and 
on such conditions as may be attached to the awards; 
(14) to publish lists of prescribed or recommended text-books 
and to publish syllabus of the prescribed courses of study; 
(15) to prepare such forms and registers as are, from time to time, 
prescribed by regulations; and 
(16) 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 of the provisions of this Act and the regulations. 
15. Procedure of the Meetings of the Academic Council.— 
(1) The Academic Council shall meet as often as may be necessary, 
but at least once during an academic year. 
(2) One half of the total number of members of the Academic 
Council shall form quorum for a meeting of the Academic Council. 
(3) In the case of difference of opinion among the members, the 
opinion of the majority shall prevail. 
(4) Each member of the Academic Council, including the Chairman 
of the Academic Council, shall have one vote and if there shall be an 
equality of votes on any question to be determined by the Academic 
Council, the Chairman of the Academic Council or as the case may be, 
the member presiding over the meeting, shall, in addition, have a casting 
vote. 
(5) Every meeting of the Academic Council shall be presided over 
by the Chairman of the Academic Council and, in his absence, by a 
member chosen by the members at the meeting to preside over the 
meeting. 
(6) If any urgent action by the Academic Council becomes necessary, 
the Chairman of. the Academic Council may permit the business to be 
transacted by circulation of papers to the members of the Academic 
Council. The action proposed to be taken shall not be taken unless agreed 
to by a majority of members of the Academic Council. The action so 
taken shall be forthwith intimated to all the members of the Academic 
Council. The papers shall be placed before the next meeting of the 
Academic Council for confirmation. 
170 
The West Bengal National University of Juridical 
Sciences Act, 1999. 
IX of 1999.]

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