The National School of Delhi University Act, 2007

Preliminary

1.

1. (1) This Act may be called the National Law School of Delhi University Act, 2007
2. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

2. In this Act, unless the context otherwise requires, -

1. (1) "Academic Council" means the Academic Council of the University;
2. (2) "Bar Council" means the Bar Council of Delhi constituted under the Advocates Act, 1961 (25 of 1961);
3. (3) "Bar Council of India" means the Bar Council of India constituted under the Advocate Act, 1961 (25 of 1961);
4. (4) "Chancellor" means the Chancellor of the University;
5. (5) "Chief Justice" means the Chief Justice of

The University

3.

1. (1) There shall be established in the National Capital Territory of Delhi a University by the name of “The National Law School of Delhi University at New Delhi”.
2. (2) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by its name represented by the Registrar of the University.
3. (3) The University shall be engaged in teaching and research in law and in allied disciplines.
4. (4) The main seat of the University shall be at New Delhi and it may establish campuses at such other places as it may deem fit.

4. The objects of the University shall be -

1. (a) to evolve and impart comprehensive legal education including distant and continuing legal education at all levels to achieve excellence;
2. (b) to organize advanced studies and promote research in all branches of law;
3. (c) to disseminate legal knowledge and legal processes and their role in national development by organizing lectures, seminars, symposia, workshops and conferences;
4. (d) to promote cultural, legal and ethical values with a view to promote and foster the rule of law and the objectives enshrined in the Constitution of India;
5. (e) to improve the ability to analyse and present for the benefit of the public contemporary issues of public concern and their legal implications;
6. (f) to liaise with institutions of higher learning and research in India and abroad;
7. (g) to publish periodicals, treatises, study books, reports, journals and other literature on all subjects relating to law;
8. (h) to hold examinations and confer degrees and other academic distinctions;
   • (i) to promote legal awareness in the community for achieving social and economic justice;
9. (j) to undertake study and training projects relating to law, legislation and judicial institutions; and
10. (k) to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objectives of the University.

5. The powers and functions of the University shall be --

1. (a) to administer and manage the University and such centers for study, research, education and instructions as are necessary in furtherance of the objects of the University;
2. (b) to provide for instruction in all branches of knowledge or learning pertaining to law and allied subjects as the University may deem fit;
3. (c) to make provisions for research and for the advancement and dissemination of knowledge of law including through distance learning/continuing education programmes;
4. (d) to institute degrees, titles, diplomas, certificates and other distinctions;
5. (e) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such degrees, titles, diplomas and other academic distinctions subject to such conditions as the University may determine;
6. (f) to fix, demand and receive fees and other charges as may be prescribed;
7. (g) 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;
8. (h) to establish special centers, specialized study centers or other units for research and instructions as are, in the opinion of the University, necessary in furtherance of its objects;
   • (i) to supervise and control the residence and to regulate the discipline of the students and staff of the University and to make arrangements for promoting their health and general welfare;
9. (j) to make such arrangements in respect of residence, discipline and teaching of women students;
10. (k) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto;
11. (l) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary;
12. (m) to institute professorships, associate professorships, assistant professorships, readerships, lecturerships and any other teaching, academic or research posts required by the University;
13. (n) to appoint persons as professors, associate professors, assistant professors, readers, lecturers or otherwise as teaching and researchers of the University and as other classes of employees;
14. (o) to institute and award fellowships, scholarships, prizes and medals;
15. (p) to provide for printing, reproduction and publication of research and other works and to organize exhibitions;
16. (q) to sponsor and undertake research in all aspects of law, justice and social development;

6.

1. (1) All teaching in connection with the degrees, diplomas and certificates of the University shall be conducted in accordance with the syllabi prescribed by the Regulations.
2. (2) The courses and curricula and the authorities responsible for organizing the teaching of such courses and curricula shall be as prescribed by the Regulations.

7.

1. (1) The Chief Justice of India or his nominee, who shall be senior judge of the Supreme Court, shall be the Visitor of the University.
2. (2) The Visitor when present shall preside over the convocations of the University and the meetings of the Governing Council.

8.

1. (1) The Chief Justice shall be the Chancellor of the University.
2. (2) The Chancellor, when present and in the absence of the Visitor shall preside over the convocations of the University and the meetings of the Governing Council.
3. (3) The Chancellor may cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries and equipment and of any institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University.
4. (4) The Chancellor may offer such advice to the University as he may deem fit with reference to the result of such inspection or inquiry.
5. (5) The University shall communicate to the Chancellor the action taken or proposed to be taken on such advice.
6. (6) In case of differences among the authorities or officers of the University on any matter which cannot be otherwise resolved, the decision of the Chancellor shall be final.
7. (7) The Chancellor may invite a person or persons of eminence in law and legal education to advise the University in relation to affairs of the University as and when he deems it necessary.

9.

1. (1) There shall be a Vice Chancellor of the University who shall be appointed in the manner as provided in section 20.
2. (2) The term of the Vice-Chancellor shall be for a period of three years or such less period as the Governing Council may decide.

Authorities of University

10. The following shall be the authorities of the University, namely: - -

1. (a) the Governing Council;
2. (b) the Executive Council;
3. (c) the Academic Council;
4. (d) the Dispute Redressal Committee;
5. (e) the Finance Committee; and
6. (f) such other authorities as may, from time to time, be declared as such by the Statutes.

11.

1. (1) The Governing Council shall be the supreme authority of the University and shall consist of the following persons, namely:-
   • (a) the Chancellor;
   • (b) the Vice Chancellor;
   • (c) two persons from amongst the sitting Judges of the High Court of Delhi, nominated by the Chancellor;
   • (d) one person from amongst the former Judges of the High Court of Delhi, nominated by the Chancellor;
   • (e) the Chairman, Bar Council of India or his nominee from amongst the members of the Bar Council of India;
   • (f) the Chairman,

12.

1. (1) The Governing Council shall be the plenary authority of the University and shall formulate and review from time to time the broad policies and programmes of the University and devise measures for the improvement and development of the University and shall also have the following powers and functions, namely :-
   • (a) to consider and pass the annual report, financial statement and the budget estimates prepared by the Executive Council and to adopt them with or without modification;
   • (b) to make Statutes concerning the administration of the affairs of the University including, prescribing the procedures to be followed by the authorities and the officers of the University in the discharge of their functions.
2. (2) The Governing Council shall meet at least once in a year. An annual meeting of the Governing Council shall be held on a date to be fixed by the Executive Council, unless some other date has been fixed by the Governing Council in respect of any year.
3. (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 Governing Council at its annual meetings.
4. (4) The meetings of the Governing Council shall be called by the Chancellor or by the Vice-Chancellor either on his own or at the request of not less than ten members of the Governing Council.
5. (5) For every meeting of the Governing Council, fifteen days' notice shall be given.
6. (6) One-half of the members existing on the rolls of the Governing Council shall form the quorum.
7. (7) Each member shall have one vote and if there be equality of votes on any question to be determined by

13.

1. (1) The Executive Council shall consist of the following persons, namely: -
   • (a) one sitting Judge of the High Court of Delhi, nominated by the Chancellor;
   • (b) the Vice-Chancellor of the University;
   • (c) the Chairman of the Bar Council of India, or his nominee from amongst its members;
   • (d) the Chairman, Bar Council of Delhi, or his nominee from amongst its members;
   • (e) the Principal Secretary, Finance, Government of National Capital Territory of Delhi;
   • (f) the Secretary, Higher Education

14.

1. (1) The Executive Council shall be the chief executive authority of the University and, as such, shall have all powers necessary to administer the University subject to the provisions of this Act and the Statutes made thereunder; and may make Regulations for that purpose and also with respect to matters provided hereunder.
2. (2) The Executive Council shall have the following powers and functions, namely :-
   • (a) to recommend the names of three persons to the Chancellor for appointment as Registrar of the University on the recommendations of the selection committee constituted for that purpose by it and headed by the Vice-Chancellor;
   • (b) to prepare and present to the Governing Council at its annual meeting -
     • (i) a report on the working of the University;
     • (ii) a statement of accounts; and
     • (iii) budget proposals for the ensuing academic year;
   • (c) to manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the University and for that purpose, constitute committees and delegate the powers to such committees or such officers of the University as it may deem fit;
   • (d) to invest any money belonging 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 of varying such investments from time to time;
   • (e) to transfer or accept transfer of any movable or immovable property on behalf of the University;
   • (f) to enter into, vary, carryout and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may think fit;
   • (g) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
   • (h) to entertain, adjudicate upon, and if it think fit, to redress any grievances of the officers, teachers students and employees of the University;
     • (i) to create teaching, administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify the minimum qualifications for appointment to such posts on such terms and conditions of service as may be prescribed by the Regulations made in this

15.

1. (1) The Academic Council shall consist of the following persons, namely:-
   • (a) the Vice-Chancellor who shall be the Chairman;
   • (b) three persons from amongst educationists of repute or men of letters or members of the legal profession or eminent public men, who are not in the service of the University, nominated by the Chancellor;
   • (c) a nominee of the Bar Council of India;
   • (d) all the Heads of the Departments;
   • (e) two members of the teaching staff, one each respectively representing the associate and assistant professors of the University, nominated by the Vice-Chancellor for a period of one year on rotation: Provided that an employee of the University shall not be eligible for nomination under category (b).
2. (2) The term of the members other than ex-officio members and those whose term is specified by clause
   • (e) of sub-section (1), shall be three years.

16.

1. (1) Subject to the provisions of this Act, Statutes and Regulations and overall supervision of the Executive Council, the Academic Council shall manage the academic affairs and matters in the University and in particular shall have the following powers and functions, namely:-
   • (a) to report on any matter referred or delegated to it by the Governing Council or the Executive Council;
   • (b) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and the emoluments payable and the duties attached thereto;
   • (c) 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;
   • (d) to recommend arrangements for the instruction and examination of persons other than those enrolled in the University;
   • (e) to promote research within the University and to require from time to time, reports on such research;
   • (f) to consider proposals submitted by the faculties;
   • (g) to lay down policies for admission to the University;
   • (h) to recommend recognized diplomas and degrees of other universities and institutions and to determine their equivalence in relation to the certificates, diplomas and degrees of the University;
     • (i) to fix, subject to any conditions accepted by the Governing Council, the time, mode and conditions of competition for fellowships, scholarships and other prizes and to recommend for award of the same;
   • (j) to make recommendations to the Executive Council in regard to the appointment of examiners and, if necessary, their removal, fixation of their fees, emoluments, traveling and other expenses;
   • (k) to recommend arrangements for the conduct of examinations and the dates for holding them;
   • (l) to declare or review 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;
   • (m) to recommend stipends, scholarships, medals and prizes and to make other awards in accordance with the Regulations and such other conditions as may be attached to the awards;
   • (n) to approve, or revise lists of prescribed or recommended text books and to publish the same and syllabus at the prescribed courses of study;
   • (o) to approve such forms and registers as are, from time to time, required by the Regulations;
   • (p) to formulate, from time to time, the desired standards of legal education to be adhered in drawing up the curriculum/syllabi for being taught in the University; and
   • (q) 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 made there under.
2. (2) The Academic Council shall meet as often as may be necessary, but not less than two times during an academic year.
3. (3) One-half of the existing members of the Academic Council shall form the quorum for a meeting of the Academic Council.
4. (4) In case of difference of opinion among the members, the opinion of the majority shall prevail.
5. (5) Each member of the Academic Council, including the Chairman of the Academic Council, have one vote and if there 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 meetings, shall in addition, have a casting vote.
6. (6) Every meeting of the Academic Council shall be presided over by the Vice-Chancellor and in his absence by a member chosen in the meeting to preside on the occasion.
7. (7) If urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council may permit the business to be transacted by circulation of the 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 the members of the Academic Council. The action so taken shall forthwith be intimated to all the members of the Academic Council.

Dispute Redressal Committee 17.

1. (1) There shall be a Dispute Redressal Committee to redress the disputes that may arise between the management and staff, management and students, teachers and students and teachers and management, comprising :-
   • (a) the Vice Chancellor or his nominee;
   • (b) one member of the Executive Council, nominated by the Chancellor;
   • (c) one member, nominated by the Chancellor, who is not part of any of the councils or committees of the University and who is a distinguished law academic with at least fifteen years' experience in a similar institution.
2. (2) The Registrar shall be the Convenor of the Disputes Redressal Committee.
3. (3) Where the dispute relates to a complaint of sexual harassment, the Dispute Redressal Committee shall be reconstituted by co-opting certain additional members consistent with the law.
4. (4) The Executive Council, or any smaller body that may be constituted by it for this purpose, shall be the appellate authority;
5. (5) The rules and regulations governing the functioning of the Dispute Redressal Committee and the appellate authority shall be as framed by the Executive Council.

18.

1. (1) There shall be a Finance Committee constituted by the Executive Council consisting of the following, namely:-
   • (a) the Vice-Chancellor;
   • (b) the Principal Secretary, Finance, Government of National Capital Territory of Delhi; and
   • (c) three other members nominated by the Executive Council from amongst its members of whom one shall be a professor.
2. (2) The members of the Finance Committee, other than the Vice-Chancellor and professor, shall hold office so long as they continue as members of the Executive Council. (3

Officers of the University

19. The following shall be the officers of the University:-

1. (a) the Vice-Chancellor;
2. (b) the Registrar;
3. (c) heads of the Departments;
4. (d) such other officer as may be prescribed by the Statutes or Regulations.

20.

1. (1) The Vice-Chancellor shall be an academic person and an outstanding scholar in law or an eminent jurist. He shall be a whole time salaried officer of the University.
2. (2) The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the Governing Council from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a selection committee constituted under sub-section (3): Provided that if the Chancellor does not approve of any of the persons so recommended, he may call for fresh recommendations.
3. (3) The selection committee referred to in sub-section
4. (2) shall consist of three members of whom one shall be nominated by the Executive Council, one by the Chairman, University Grants Commission and one by the Chancellor from among the retired or serving Judges of the High Court of Delhi. The person nominated by the Chancellor shall be the Convenor of the committee: Provided that no person who is an employee of the University shall be nominated as the member of the selection committee.
5. (4) The Vice-Chancellor shall hold office for a term of three years or such less period as the Governing Council may decide, from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for re-appointment for further term till he attains the age of seventy years: Provided that the Chancellor may require the Vice-Chancellor after his term has expired; to continue in office for such period, not exceeding a total period of one year as may be specified by him.
6. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as prescribed by Regulations.
7. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties due to ill health or any other cause, the Chancellor shall have the authority to designate a professor of the University to perform the functions of the Vice-Chancellor until the new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be.
8. (7) The Vice-Chancellor shall -
   • (a) ensure that the provisions of this Act, Statutes and Regulations are duly observed, and he shall have all powers as are necessary for that purpose;
   • (b) convene the meetings of the Governing Council, the Executive Council, the Academic Council and shall perform all other acts, as may be necessary to give effect to the provisions of this Act;
   • (c) preside over the meetings of the Governing Council in the absence of the Chancellor;
   • (d) be the competent authority to appoint the teachers, librarians, fiancé officer and other officers in consultation with the Chancellor on the recommendations of the selection committee appointed by the Executive Council thereof for that purpose in accordance with the guidelines prescribed;
   • (e) be the competent authority to take disciplinary action against the above officers in accordance with the procedure prescribed;
   • (f) have all powers relating to the maintenance of proper discipline in the University;
   • (g) if, in his opinion, any emergency has arisen which requires that immediate action be taken, he shall take such action as he may deem fit and shall report the same for confirmation in the next meeting of the authority which, in the ordinary course, would have dealt with the matter.

21.

1. (1) The Registrar, who shall be an academic person not below the rank of a professor shall be appointed by the Chancellor on the recommendation of the selection committee constituted by the Executive Council and headed by the Vice-Chancellor on such terms and conditions of service as the selection committee may specify subject to the provisions of the Statutes and Regulations.
2. (2) The Registrar shall, -
   • (a) be ex-officio secretary of all the authorities, committees and other bodies of the University and shall also be the Convenor of all the meetings. He shall note and maintain the minutes of the meetings;
   • (b) be the principal adjutant of the Vice-Chancellor in all matters pertaining to the administration of the University. The Executive Council may entrust to him special responsibilities and powers;
   • (c) have the power to appoint, with the approval of the Vice Chancellor, the non-teaching staff, including employees of last grade service and contingent staff in pursuance of the recommendations of the selection committee, appointed for that purpose, in the prescribed manner. He shall be the competent authority to take disciplinary action against such employees in accordance with such procedure as may be prescribed;
   • (d) comply with all direction and orders of the Executive Council and Vice-Chancellor;
   • (e) be the custodian of records, common seal and such other property of the University as the Executive Council shall commit to his charge.

22.

1. (1) There shall be a head for each department in the University.
2. (2) The powers, functions, appointments and conditions of service of the heads of the departments shall be as prescribed by the Regulations.

23.

1. (1) Subject to the Regulations made for the purpose, every officer or employee of the University shall be appointed in accordance with a written contract which shall be lodged with the University and a copy thereof shall be furnished to the officer or employee concerned.
2. (2) Any dispute arising out of a contract between the University and any of its officers or employees shall

24. The Executive Council shall constitute various selection committees for appointment to the posts of officers and non-teaching staff, including last grade service and contingent staff.

Statutes and Regulations 25.

1. (1) The first Statutes of the University shall be made by the Vice-Chancellor with the approval of the Chancellor. They shall be placed before the Governing Council at its first meeting, which may adopt them with or without modifications. Subsequent Statutes or modifications in the Statutes shall be made by the Governing Council.
2. (2) The first Regulations of the University shall be made by the Vice-Chancellor with the approval of the Chancellor. They shall be placed before the Executive Council at its first meeting which may adopt them with or without modifications.

Appointment of first Vice-Chancellor and first Registrar 26. Notwithstanding anything contained in this Act and the Statutes, the first Vice-Chancellor who shall be an academic person in law or an eminent jurist, shall be appointed by the Chancellor and shall hold office of the Vice-Chancellor for a period of three years or till a regular Vice-Chancellor is appointed, whichever is earlier. The first Registrar who shall be an academic person in law shall be appointed by the Chancellor on the recommendations of the Vice-Chancellor:

Honorary degrees 27. If not less than two-thirds of the members of the Academic Council recommend that a honorary degree or academic distinction be conferred on any person on the ground that he is, in their opinion, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Governing Council may, be a resolution, decide that the same be conferred on the person recommended.

28.

1. (1) The Governing Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person, by a resolution passed by the majority of the total membership of the Governing Council and by a majority of not less than two-thirds of the members of the Governing Council present and voting, at the meeting, if such person has been convicted by a court of law for an offence, which in the opinion of the Governing Council, involves moral turpitude or if he has been guilty of gross misconduct.
2. (2) No action under sub-section
3. (1) shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.
4. (3) A copy of the resolution passed by the Governing Council shall be immediately sent to the person concerned.
5. (4) Any person aggrieved by the decision of the Governing Council may appeal to the Chancellor within thirty days from the date of receipt of such resolution.
6. (5) The decision of the Chancellor in such appeal shall be final.

29.

1. (1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the heads of departments, hostels and institutions.
2. (2) Notwithstanding anything contained in sub-section (1), the punishment of debarring a student from an examination, or rustication from the University, or a hostel or an institution shall, on the report of the Vice-Chancellor, be considered and imposed by the Executive Council:

Deemed validity of appointments 30. Notwithstanding anything contained in any other law or instrument having the force of law for the time being in force, the appointments made to any post in the University in accordance with the Statutes and Regulations shall be deemed to be valid and in accordance with law.

31. No act or proceeding of the Governing Council, the Executive Council or any other authority or officer or body of the University shall be invalidated or questioned on the ground merely of the existence of any vacancy or defect in the constitution thereof.

32. No suit, prosecution or other legal proceedings shall lie against the University or any authority or officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, or the Statutes or Regulations or rules made there under.

33. The provisions of this Act and the Rules, Statues and Regulations made thereunder shall have effect notwithstanding anything inconsistent contained therewith in any other law or instrument having the force of law for the time being in force.

34. If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the commencement of this Act or otherwise in giving effect to the provisions of this Act, the Chancellor may, by order, make such provisions not inconsistent with the provisions of this Act, as may appear to him to be necessary or expedient for removing the difficulty :

Sponsored Schemes 35. Whenever the University receives funds from any Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the University, notwithstanding anything in this Act or the regulations -

1. (a) the amount received shall be kept by the University separately from the University Fund and utilized only for the purpose of the scheme; and
2. (b) the staff required to execute the scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization."