Chapter I PRELIMINARY

(1) This Act may be called the Gujarat National Law University Act, 2003. (2) This section shall come into force at once and the remaining provisions 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.

In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University; (b) "Chairman" means the Chairman of the General Council of the University; (c) "Director" means the Director of the University appointed by the General Council under section 33; (d) "Executive Council" means the Executive Council of the University; (e) "Finance Committee" means the Finance Committee of the University constituted under section 28; (f) "General Council" means the General Council of the University referred to in section 12; (g) "regulations" means the regulations made under this Act; (h) "University" means the Gujarat National Law University established under section 3 of this Act; (i) "Visitor" means the Visitor of the University.

(1) There shall be established, in the State of Gujarat, a University by the name of the Gujarat National Law University which shall consist of the Visitor, the Chairman, the General Council, the Executive Council, the Academic Council and the Officers of the University; Provided that the General Council may, from time to time, through resolution establish additional campus at such place within or outside the State of Gujarat under the control of the University. The General Council shall have all the powers to govern, administer and manage such additional campus so established as per the provisions of this Act. (2) The University shall be a body corporate by the name of "The Gujarat National Law University" having perpetual succession and a common seal, and may sue or be sued by the said name and shall be competent to acquire, hold and dispose of property, both movable and immovable and to contract and to do all things necessary for the purposes of this Act.

The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazette, specify.

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 students and the research scholars a sense of responsibility to serve society in the field of law by developing skills in regard to advocacy, legal services, legislation, parliamentary practice, law reforms and such other matters; to make law and legal processes efficient instruments of social development; and to promote inter-disciplinary study of law in relation to management, technology international co-operation and development.

The University shall be open to all persons irrespective of religion, sex, race, caste, creed, class, opinion, place of birth or religious belief or political opinion and it shall not be lawful for the University to impose or any person any test whatsoever relating to sex, race, caste, creed, class, place of birth, opinion, religious belief or profession in order to entitle him to be admitted as a student in the University or to be appointed thereto as a teacher or to hold any office or post in the University or to qualify for any degree, diploma or any academic distinction or to enjoy or exercise any privilege of the University.

The University shall have the following powers and perform the following functions, namely:- (i) to administer and manage the University and such centers of research education and instruction as are necessary for the furtherance of the objects of the University; (ii) to provide for instruction in such branches of knowledge or learning pertaining to law as the University may think fit and to make provision for research and for advancement and dissemination of knowledge of law; (iii) to organize and undertake extra-mural 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 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; (x) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto; (xi) to regulate conduct and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary; (xii) to institute Professorships, Associate Professorships, Assistant Professorships, Readerships, Lecturerships and any other teaching, academic or research posts required by the University;

(xiii) to appoint persons as Professors, Associate Professors, Assistant Professors, Readers, Lecturers or otherwise as teachers and researchers of the University;

(xiv) to establish and run specialised Schools for studies and research in various disciplines in law and related fields;

(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, jurisprudence, justice, legislation, parliamentary practice and related fields;

(xviii) to co-operate with any other organization in the matter of education, training and research in law, jurisprudence, justice, legislation, parliamentary practice 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 maintain the account 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 adequate and necessary 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, alter and maintain any such buildings or works;

(xxiv) to sell, exchange, lease or otherwise dispose of movable or immovable property of the University, on such terms as it may think fit and proper without prejudice to the interests and activities of the University;

Provided that the University shall not sell, exchange, lease or otherwise dispose of movable or immovable property granted by the State Government without prior approval of the State Government or without compliance of the terms and conditions on which the State Government has given approval;

(xxv) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques or other negotiable instruments;

(xxvi) to execute conveyance, transfer, reconveyance, mortgage, lease, licence and agreement 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 any person for execution of an instrument or transaction of any business of the University;

(xxviii) 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 authority for receiving grants;

(xxix) to accept grants of money, securities or property of any kind on such terms as it may deem expedient;

(xxx) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based on all or any of the properties and assets of the University or without any securities and on 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;

(xxxi) to invest the funds of the University or the money entrusted to the University in or on such securities and in such manner as it may deem fit and from time to time transpose any investment;

(xxxii) to make regulations for regulating the affairs and the management of the University;

(xxxiii) to constitute fund for pensions, gratuity, insurance, provident fund which shall be governed by the provisions of the Provident Funds Act, 1925 as if such fund were a Government Provident Fund in such manner and subject to such conditions as may be prescribed by regulations, and to make such grants as it may think fit for the benefit of any employee of the University and to aid in support of the establishment of associations, institutions, funds and trusts calculated to benefit the employees, and the students of the University;

(xxxiv) to delegate all or any of its powers to the Director or any committee or 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 officer of the University; and

(xxxv) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or promotion of the objects of the University.

(1) All recognised teachings in connection with the degrees, diplomas and certificates of the University shall be conducted, under the control of the Academic Council, by the teachers of the University in accordance with the syllabus prescribed by the regulations.

(2) The courses and curricula of teaching, and the authorities responsible for organising such teaching shall be such as may be prescribed by the regulations.

(1) The Chief Justice of India, or a sitting Judge of the Supreme Court to be nominated by the Chief Justice of India, shall be the Visitor of the University.

(2) The Visitor 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 finance of the University.

(3) The Visitor shall 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 Visitor may address the Chairman and the Director with reference the result of such inspection or inquiry, and the Director shall communicate to the General Council the results, the views of the Visitor and the advice that may be tendered by the Visitor with regard to the action to be taken thereon.

(5) The General Council shall communicate through the Director to the Visitor of such action, if any, as it proposes to take, or as has been taken, on the result of such inspection or inquiry.

(6) Where the General Council does not take action to the satisfaction of the Visitor within the time limit fixed by the Visitor, the Visitor may after considering any explanation furnished or representation made by the General Council, issue such direction as he may think fit and the General Council shall comply with such direction.

(1) The Chairman of the General Council shall be an eminent person in the field of law, academic, industry, trade or commerce or public life. He shall be appointed by the State Government in consultation with the Visitor:

Provided that until the first Chairman is appointed by the State Government, the person functioning as the Chairman of the Indian Institute of Legal Studies Society registered under the Societies Registration Act, 1860 shall be the Chairman of the General Council.

(2) The Chairman shall hold office for a term of five years and he shall be eligible for reappointment to that office only for a further term of five years.

The following shall be the authorities of the University:-

(a) the General Council;

(b) the Executive Council;

(c) the Academic Council;

(d) the Finance Committee; and

(e) such other authorities as may be declared by the University by regulation to be the authorities of the University.

The General Council shall be the apex authority of the University.

The General Council of the University shall consist of the following members, namely:-

(a) the Visitor,

(b) the Chairman,

(c) the Director,

(d) the Attorney General of India,

(e) one Judge of the Supreme Court of India nominated by the Visitor,

(f) the Minister for Finance, State of Gujarat,

(g) the Minister for Higher Educaction, State of Gujarat,

(h) the Minister for Law, State of Gujarat,

(i) the Chief Justice, High Court of Gujarat,

(j) two Judges of the High Court of Gujarat to be nominated by the Visitor,

(k) the Solicitor General of India,

(l) any Additional Solicitor General of India to be nominated by the Attorney General of India,

(m) the Advocate General, State of Gujarat,

(n) the Chairperson of the University Grants Commission or his nominee from among the members of the University Grants Commission,

(o) the Chairman, Bar Council of India,

(p) the Chairman, Bar Council of Gujarat,

(q) the Chairman, Gujarat State Law Commission,

(1) The term of office of the members of the General Council shall be five years. (2) When a person becomes a member of the General Council by virtue of his office, he shall cease to be such member if he ceases to hold that office. (3) 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. (4) A member of the General Council shall cease to be a member, if he,- (a) tenders his resignation and such resignation is accepted; or (b) becomes of unsound mind and stands so declared by a competent court; or (c) becomes undischarged insolvent; or (d) has been convicted of an offence involving moral turpitude; or (e) has accepted a full time appointment to the post other than the post of Director in the University. (5) A member of the General Council may, by writing addressed to the Chairman resign his office and such resignation shall take effect on the date it is accepted by the Chairman. (6) Any vacancy in the General Council shall be filled in by nomination of a person by the relevant authority and the person so nominated shall hold office for so long as the member in whose place he is nominated would have held office had the vacancy not occurred.

The General Council shall have the following powers, namely:- (a) to formulate and review the broad policies and programmes of the University and suggest measures for the development of the University; (b) to direct the Executive Council to take such steps as are necessary for achieving the objects of the University; (c) to consider and pass resolution on the annual report, financial estimates and audit reports on the accounts of the University; (d) to appoint the Director, (e) to exercise such other powers as it may deem necessary for the performance of functions and the administration of the University.

(1) The General Council shall meet at least once in a year. The meetings of the General Council shall be convened by the Director in consultation with the Chairman and the Visitor. (2) The Visitor shall preside over the meeting of the General Council. In absence of the Visitor, the Chairman shall preside over the meeting, and in the absence of the Chairman, a member of the General Council nominated by him shall preside. (3) The Director shall cause to be laid before the meeting of the General Council, a report of the working of the previous year of the University, the annual statement of accounts together with the report of auditors thereon and the budget estimates and the income and expenditure for the next financial year. (4) The meeting of the General Council may be called by the Visitor or by the Chairman either of his own or at the request of not less than ten members of the General Council. (5) The General Council shall meet at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at such meeting) as may be provided by the regulations. (6) If any urgent action is required, the Chairman may, with the approval of the majority of the members of the General Council. permit the business to be transacted by circulation among the members of the General Council. The report of the action so taken shall be placed before the next meeting of the General Council.

(1) The Executive Council shall be the chief executive body of the University. (2) The powers of administration and management of the fund and property of the University shall vest in the Executive Council.

(1) The Executive Council shall consist of the following members, namely:- (a) the Director; (b) a member of the General Council, who is a Judge to be nominated by the Visitor; (c) the Chief Secretary to the Government of Gujarat or an officer not below the rank of the Secretary to Government of Gujarat to be nominated by him; (d) the Secretary to the Government of Gujarat, Finance Department; (e) the Secretary to the Government of Gujarat (Higher Education), Education Department; (f) the Secretary to the Government of Gujarat, Legal Department; (g) a member of the General Council to be nominated by the State Government; (h) a member of the General Council, who is a lawyer to be nominated by the Visitor; (i) a member of the General Council, who is an educationist to be nominated by the Visitor; (j) five Professors or Associate Professors of the University to be nominated by the Director, by rotation.

(1) The term of office of members of the Executive Council shall be three years. (2) (a) When a person becomes a member of the Executive Council by virtue of his office, he shall cease to be such member if he ceases to hold his office. (b) When a person is nominated as a member of Executive Council, he shall ceased to be such member if his nomination of such membership is withdrawn by the nominating body or person, as the case may be. (c) A member of the Executive Council shall cease to be a member if he,- (i) tenders his resignation and such resignation is accepted; (ii) becomes of unsound mind and stands so declared by a competent Court; or (iii) becomes undischarged insolvent; or (iv) has been convicted of an offence involving moral turpitude; or (other than the Director or member of the Faculty) has accepted a full time appointment in the University. (3) A member of the Executive Council may, by writing addressed to the Chairman resign his office, and such resignation shall take effect on the date it is accepted by the Chairman. (4) Any vacancy in the Executive Council shall be filled in by nomination of a person by the relevant authority entitled to make the same and the person so nominated shall hold office so long as the member in whose place he is nominated would have held office had the vacancy had not occurred.

(1) to submit to the General Council, with its recommendations, of persons for appointment as Director suggested by the Search Committee constituted in accordance with the regulations made in this behalf; (2) to appoint Registrar, Librarian, Professors, Associate Professors, Assistant Professors and other members of the teaching staff, as may be necessary, on the recommendations of the Selection Committee: Provided that the Executive Council shall not appoint teachers without considering the recommendation of the Academic Council with regard to numbers, qualifications and emoluments: Provided further that it shall not be necessary for the Executive Council to obtain the recommendation of the Academic Council to appoint a person on the following posts, namely:- (a) any supernumerary post, or (b) Professor of eminence, (3) to create administrative and ministerial posts, to determine the number and emoluments of such posts, to specify qualifications for 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 powers of appointment to such authority or officer as the Executive Council may, by resolution, specify either generally or specifically; (4) to grant, in accordance with the regulations, leave other than casual leave to any officer of the University and to make necessary arrangement for the discharge of the functions of such officer during his period of leave; (5) to manage and regulate the finance, accounts, investments, property, business and all other administrative affairs of the University and, for that purpose, to appoint such person or agency as it may think fit; (6) to invest any money belonging to the University, including any unapplied income, in such stock, funds, shares or securities, as it may think fit, or to invest in the purchase of immovable property;

(1) The Executive Council shall meet at least once in four months. (2) The Director or in his absence, any member of the Executive Council nominated by him shall preside over the meeting of the Executive Council. (3) The Executive Council shall meet on notice, at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of business at its meeting (including the quorum at such meeting) as may be provided by the regulations. (4) If any urgent action is required, the Director may, with the approval of the majority of the members of the Executive Council, permit the business to be transacted by circulation among the members of the Executive Council. The action so taken as approved by circulation shall be placed before the next meeting of the Executive Council.

The Executive Council may, by resolution, delegate to the Director or to a committee, such of its powers as it may deem fit, subject to the condition that the action so taken by the Director or such committee shall be placed at the next meeting of the Executive Council.

The Academic Council shall be the academic body of the University. It shall have powers, subject to the provisions of this Act and the regulations, to control, regulate and maintain the standards of instruction, education and examination of the University and advice the Executive Council on academic matters. It 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.

(1) The Academic Council shall consist of the following members, namely:-(a) the Director, (b) a member of the Bar Council of India to be nominated by the Chairmen of the Bar Council of India; (c) a member of the Bar Council of Gujarat to be nominated by the Chairman of the Bar Council of Gujarat; (d) a member of the law panel of the University Grants Commission to be nominated by the Chairman of the Commission; (e) one Dean of law faculty of any other University established by Law in the State of Gujarat, by rotation to be nominated by the State Government; (f) two distinguished persons (other than employees of the University) teaching law to be nominated by the Director; (g) an eminent jurists to be nominated by the State Government; (h) (i) all Professors of the University; and (ii) a representative each of the Associate Professors and the Assistant Professors of the University; (2) The term of the members shall be three years.

Subject to the provisions of this Act and the regulations, the Academic Council shall have the following powers and perform the following functions, namely:- (1) to report on any matter referred to 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 qualifications, emoluments and the duties attached thereto; (3) to formulate, modify or revise schemes for the organisation of the faculties, schools, centres or specialised institutes, and to assign to them their respective subjects and also to report to the Executive Council as to the expediency of the abolition or sub-division of any faculty, school, centre or specialised institute, or the combination of one 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 and to require reports on such research; (6) to consider proposals submitted by the faculties; (7) to recognise diplomas and degrees of other Universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the University; (8) to fix, subject to any conditions laid by the General Council, the time, mode and conditions of competition for fellowships, scholarships and other prizes, and to award the same; (9) to make recommendations to the Executive Council in regard to the appointment of examiners and fixation of their fees, emoluments and travelling and other expenses; (10) to make arrangements for the conduct of examinations and to fix dates for holding such examinations; (11) to declare the results of examinations, or to appoint committees or officers for declaration of such result, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, certificates, titles and marks of honour; (12) 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; (13) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for carrying out the provisions of this Act and the regulations.

(1) The Academic Council shall meet as many times as may be necessary, but at least once in six months. (2) The Director or in his absence any member of the Academic Council nominated by him shall preside over at the meeting of the Academic Council. (3) The Academic Council shall meet at such time and place and with such period of notice and shall observe such rules of procedure in regard to transaction of its business at its meeting (including the quorum at such meeting) as may be provided by regulations. (4) If any urgent action is required, the Director may, with the approval of the majority of the members of the Academic Council, permit the business to be transacted by circulation among the members of the Academic Council. The action so taken as approved by circulation shall be placed before the next meeting of the Academic Council.

Where any authority of the University is not constituted, the Director with the approval of the Chairman, may discharge all or any of the functions of such authority and, for that purpose may exercise any power of such authority till such authority is constituted.