The Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam, 1997
The Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam, 1997
1. Short title and commencement
(1) This Act may be called the Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam, 1997. (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,- (one) "Academic Council" means the Academic Council of the Institute; (two) "Director" means the Director of the Institute; (three) "Executive Council" means the Executive Council of the Institute; (four) "General Council" means the General Council of the Institute; (five) "Registrar" means the Registrar of the Institute; (six) "Regulations" means the Regulations of the Institute made under Section 31; (seven) "Institute" means the Rashtriya Vidhi Sansthan Vishwavidyalaya established under Section 3; and (eight) "Visitor" means the Visitor of the Institute.
3. Establishment and incorporation of the Rashtriya Vidhi Sansthan
(1) With effect from such date as the State Government may by notification appoint, there shall be established an Institute in the State of Madhya Pradesh by the name of "Rashtriya Vidhi Sansthan Vishwavidyalaya". (2) The Institute shall be a body corporate by the aforesaid name, having perpetual succession and a common seal and shall, subject to the provisions of this Act, have the power to acquire and hold property and to contract and shall by the said name sue and be sued. (3) In all suits and other legal proceedings by or against the Institute, the pleadings shall be signed and verified by the Registrar or by such other person as may be appointed by him for the purpose, and all processes in such suits and proceedings shall be issued to and served on the Registrar. (4) The headquarters of the Institute shall be at Bhopal.
4. Objects of the Institute
The objects of the Institute shall be as follows:- (one) to advance and disseminate learning and knowledge of law and legal processes and their role in national development; (two) to develop in the students and research scholars a sense of responsibility to serve the society in the field of law by developing skills with regard to advocacy, legal services, legislation, and law reforms; (three) to organise lectures, seminars, symposia and conferences to promote legal knowledge and to make law and legal processes efficient instruments of social development; (four) to hold examinations and provide for degrees and other academic distinctions; and (five) to perform all such acts as are incidental, necessary or conducive to the advancement of all or any of the objects of the Institute.
5. Powers and functions of the Institute
(one) to administer and manage the Institute and such centres of research, education and instruction as are necessary for the furtherance of the objects of the Institute; (two) to provide for instruction in such branches of knowledge or learning pertaining to law as the Institute may think fit and provide for research and for the advancement and dissemination of knowledge of law; (three) to undertake and promote research on all aspects of law, justice and social development; (four) to prescribe courses of study for degrees or diplomas and to regulate the admission of students to the Institute; (five) to organise and undertake extra-mural teaching and extension services; (six) to hold examinations and to grant diplomas or certificates, and to confer degrees or other academic distinctions to persons, on such conditions as the Institute may determine, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (seven) to confer honorary degrees or other academic distinctions in the manner prescribed by the Regulations; (eight) to fix, demand and receive fees and other charges; (nine) to establish and maintain halls and hostels for students, to recognise places of residence for the students of the Institute and to withdraw recognition accorded to any such place of residence; (ten) to institute and make appointments to the posts of Professor, Associate Professor, Assistant Professor, Reader, Lecturer and any other teaching, academic or research posts required by the Institute; (eleven) to create technical, administrative, ministerial and other posts and to make appointments thereto; (twelve) to regulate and enforce discipline among the students and employees of the Institute and to take such disciplinary measures as may be deemed necessary; (thirteen) to institute and confer fellowships, scholarships, awards and medals; (fourteen) to discontinue or close down any class or department of the Institute; (fifteen) to collaborate with any other organization in respect of law, justice, social development and related subjects on such terms and conditions as may be determined by the Institute from time to time; (sixteen) to regulate the expenditure and manage the accounts of the Institute; (seventeen) to receive grants, financial assistance, subscriptions, donations, and gifts for the purposes of the Institute, consistent with the objects for which the Institute is established; (eighteen) to purchase, lease, or otherwise acquire, for the purposes of the Institute, any land, building or structure which the Institute may think necessary or convenient, and to construct, alter and maintain any such building or structure; (nineteen) to sell, exchange, lease or otherwise dispose of all or any property, movable or immovable, of the Institute, on such terms as it may think fit and which do not adversely affect the interests and activities of the Institute; (twenty) to draw, accept, make and endorse, discount and negotiate government and other promissory notes, bills of exchange, cheques or other negotiable instruments; (twenty-one) to execute transfer deeds, re-transfer deeds, mortgages, leases, licenses, contracts and other agreements in respect of property, movable or immovable, including government securities, acquired for the Institute or for the purposes of the Institute; (twenty-two) to appoint any person to execute any writing, to do any act or to perform any task for the execution of the work under sub-clauses (eighteen), (nineteen), (twenty) and (twenty-one) of Section 5, as it may think fit; (twenty-three) to enter into any agreement with the Central Government, State Governments, University Grants Commission or other authorities for receiving grants; (twenty-four) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities based upon all or any of the properties or assets of the Institute or without any securities and upon such terms and conditions as it may think fit, and to pay out of the funds of the Institute all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (twenty-five) to invest the funds of the Institute or money entrusted to the Institute in such securities or in such manner as it may think fit and to vary such investments from time to time; (twenty-six) to make such Regulations as may be deemed necessary from time to time to regulate the activities and management of the Institute and to amend, modify or rescind the same; (twenty-seven) to constitute funds such as pension, insurance, provident fund and gratuity for the benefit of academic, technical, administrative and other staff in such manner and subject to such conditions as may be prescribed by the Regulations, and to provide such grants for the benefit of any staff of the Institute as it may think fit, and to aid and support the establishment and support of any associations, institutions, funds, trusts and conveyances intended for the benefit of the staff and students of the Institute; and (twenty-eight) to do all such other acts and things as may be deemed necessary, incidental or conducive to the attainment of all or any of its objects.
6. Teaching in the Institute
(1) All recognized teaching in connection with the degrees, diplomas and certificates of the Institute shall be conducted by the teachers of the Institute under the control of the General Council, in accordance with the syllabus prescribed by the Regulations. (2) The Authorities responsible for organizing the course and curriculum and such teaching shall be as prescribed by the Regulations. (3) "Teacher" in Section 6(1) means Professors, Associate Professors, Assistant Professors, Readers, Lecturers and such other persons as are appointed for imparting instruction or conducting research in any college or institution run by the Institute, with the approval of the Academic Council.
7. Visitor of the Institute
(1) The Chief Justice of India shall be the Visitor of the Institute. (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 Institute, its buildings, libraries and equipment, and of any institution maintained by the Institute, and also of the examinations, teaching and other works conducted or done by the Institute, and to cause an inquiry to be made in the like manner in respect of any matter connected with the administration or finances of the Institute. (3) The Visitor shall give notice to the Institute of his intention to cause such inspection or inquiry to be made, and the Institute 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 Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the General Council the views of the Visitor and the advice offered by the Visitor upon the action to be taken thereon. (5) The General Council shall communicate to the Visitor through the Director such action, if any, as is proposed to be taken or has been taken by it with reference to such inspection or inquiry.
8. Authorities of the Institute
The authorities of the Institute shall be as follows:- (1) General Council, (2) Executive Council, (3) Academic Council, (4) Finance Committee, and (5) Such other authorities as may be prescribed by the Regulations.
9. General Council
There shall be a General Council of the Institute consisting of the following members, namely:- (one) The Chief Justice of the Madhya Pradesh High Court; (two) The Minister in-charge of the Law Department of the Government of Madhya Pradesh; (three) The Minister in-charge of the Higher Education Department of the Government of Madhya Pradesh; (four) The Attorney General of India; (five) The Chief Secretary of the Government of Madhya Pradesh; (six) The Advocate General of Madhya Pradesh; (seven) The Secretary in-charge of the Law and Legislative Affairs Department of the Government of Madhya Pradesh; (eight) The Secretary in-charge of the Finance Department of the Government of Madhya Pradesh; (nine) The Secretary in-charge of the Higher Education Department of the Government of Madhya Pradesh; (ten) The Chairman of the Madhya Pradesh State Bar Council; (eleven) The Chairman of the Bar Council of India; (twelve) The Director, National Judicial Academy, Bhopal; (thirteen) The Director, National Law School of India University, Bangalore; (fourteen) The Chairman of the University Grants Commission; (fifteen) Three eminent lawyers nominated by the Visitor; (sixteen) One Dean of the Law Faculty from the Central Universities, to be nominated by the Visitor; (seventeen) The Director.
10. Chairman and Secretary
(1) The Chief Justice of the Madhya Pradesh High Court shall be the Chairman of the General Council. (2) The Director of the Institute shall be the Secretary of the General Council.
11. Term of office of members of the General Council
(1) The term of office of nominated members of the General Council shall, subject to sub-sections (2) and (3), be five years. (2) Where a member becomes a member of the General Council by reason of the office held by him or his appointment, or is a nominated member, his membership shall cease when his holding of such office or such appointment ends or his nomination is withdrawn or cancelled. (3) A member of the General Council shall not remain so if he resigns, becomes of unsound mind or insolvent, or is convicted of a criminal offence involving moral turpitude, or if any member other than the Director accepts a full-time appointment in the Institute, or if he is absent from three consecutive meetings of the General Council without the permission of the Chairman, or acts against the interests of the Institute. (4) Any member of the General Council may resign by a letter addressed to the Chairman, and such resignation shall be effective as soon as it is accepted by the Chairman. (5) Any vacancy in the General Council shall be filled by appointment or nomination, as the case may be, by the concerned authority entitled to fill it, and the person so appointed or nominated shall hold office only for the period for which the member in whose place he is appointed or nominated would have held office had such vacancy not occurred.
12. Powers of the General Council
The General Council shall have the following powers, namely:- (1) to exercise the powers and functions of the Institute as specified in Section 5, except for those powers which are given to any other authority or officer of the Institute; (2) to review the broad policies and programmes of the Institute from time to time and take measures for the improvement and development of the Institute; (3) to consider and pass resolutions on the Annual Report, Financial Estimates, Annual Accounts and the Audit Report on such accounts; (4) to delegate any or all of its powers to the Director or any of its committees or sub-committees or to one or more of its members or any employee; and (5) to perform such other functions as it may consider necessary for the efficient functioning and administration of the Institute.
13. Meeting of the General Council
(1) The General Council shall meet at least once in a year and notice of at least fifteen days shall be given for its meetings. (2) The Chairman shall preside over the meeting and, in his absence, the members present shall elect one from among themselves to preside over the meeting. (3) One-third of the total number of members of the General Council shall constitute the quorum for the meeting. (4) Each member shall have one vote, and if there is an equality of votes on any question to be determined by the General Council, the Chairman or the person presiding over the meeting shall have an additional casting vote. (5) If immediate action is required by the General Council, the Chairman may permit the transaction of business by circulation of papers among the members of the General Council. Proposed action shall not be taken unless consent is given by a majority of the members of the General Council. The information of such action taken shall be given immediately to all members of the General Council and the concerned papers shall be placed before the next meeting of the General Council for its confirmation. (6) A report of the functioning of the Institute during the previous year along with a statement of receipts and expenditure, as well as the audited balance sheet and financial estimates, shall be placed by the Director before the General Council at the annual meeting of the Institute.
14. Executive Council
(1) The Executive Council shall be the chief executive body of the Institute. (2) The administration, management and control of the Institute and its income shall be vested in the Executive Council which shall control and administer the property and funds of the Institute.
15. Membership of the Executive Council
(1) The Executive Council shall consist of the following members, namely:- (one) The Director; (two) One member of the General Council, who shall be nominated by the General Council; (two-a) The Chief Secretary to the Government of Madhya Pradesh; (two-b) The Advocate General of Madhya Pradesh; (three) The Secretary in-charge of the Law and Legislative Affairs Department of the Government of Madhya Pradesh; (four) The Secretary in-charge of the Finance Department of the Government of Madhya Pradesh; (five) The Secretary in-charge of the Higher Education Department of the Government of Madhya Pradesh; (six) The Chairman of the State Bar Council of Madhya Pradesh; (seven) Two full-time teachers of the Institute, who shall be by rotation based on seniority. (2) The Director shall be the Chairman of the Executive Council.
16. Term of office of the Executive Council
(1) Where a person becomes a member of the Executive Council by reason of the office held by him or his appointment, his membership shall cease when his holding of such office or his appointment ends. (2) A member of the Executive Council shall not remain a member if he resigns, becomes of unsound mind or insolvent, or is convicted of a criminal offence involving moral turpitude, or if any member other than the Director or a member of the faculty accepts a full-time appointment in the Institute, or if he is absent from three consecutive meetings of the Executive Council without the permission of the Chairman of the Executive Council, or acts against the interests of the Institute. (3) Unless their membership as a member of the Executive Council ceases prematurely in accordance with the provisions of sub-section (1) or (2), members of the Executive Council shall vacate their membership on the expiration of three years from the date they become members of the Executive Council, but they shall be eligible for re-nomination or re-appointment, as the case may be. (4) Any member of the Executive Council other than an ex-officio member may resign by a letter addressed to the Chairman of the Executive Council, and such resignation shall be effective as soon as it is accepted by the Chairman of the Executive Council. (5) Any vacancy in the Executive Council shall be filled by appointment or nomination, as the case may be, by the concerned authority entitled to fill it, and such appointment or nomination shall not remain effective after the expiration of the term of the office in which the vacancy occurred.
17. Powers and functions of the Executive Council
Without prejudice to the provisions of Section 12, the Executive Council shall have the following powers and functions:- (one) to create, abolish or classify teaching posts in the Institute after considering the recommendations of the Academic Council, and to determine the qualifications, achievements and duties attached thereto; (two) to make appointments from time to time of the Registrar, Librarian, Professor, Associate Professor, Assistant Professor and other members of the teaching staff, as may be necessary, on the recommendations of the Selection Committee constituted by the Regulations for this purpose: Provided that it shall not be necessary to constitute a Selection Committee for making appointment to: (a) any supernumerary post; or (b) the post of Professor of a person of high academic distinction, reputation and professional ability; (three) to create administrative, ministerial and other necessary posts, and to determine the minimum qualifications and achievements for such posts; (four) to manage and regulate the finance, accounts, investments, property, business and all other administrative activities of the Institute, and for such purpose to appoint such agents as it may deem fit; (five) to invest the money of the Institute, including any unutilized money, in such stocks, funds, shares or securities as it may deem fit from time to time or in the purchase of immovable property in India, and to vary such investments from time to time with like power; (six) to transfer or accept transfer of any movable or immovable property on behalf of the Institute; (seven) to enter into, amend, execute and cancel contracts on behalf of the Institute, and to appoint officers for that purpose as it may deem fit; (eight) to provide buildings, premises, furniture and equipment and other means necessary for carrying out the work of the Institute; (nine) to receive grievances of such officers, teachers, students and employees of the Institute who feel aggrieved for any reason, adjudicate upon them, and settle them; (ten) to appoint examiners and moderators in consultation with the Academic Council and if necessary to remove them and fix their fees, achievements and travel and other allowances; (eleven) to select a common seal for the Institute and provide for the custody of the seal; (twelve) to delegate any of its powers, except the power of making Regulations, to any officer or authority, either temporarily or permanently; and (thirteen) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or under it.
18. Reservation of seats
The Executive Council may make provisions by Regulations for the reservation of seats for residents of the State of Madhya Pradesh and members of the Scheduled Castes, Scheduled Tribes and other backward classes: Explanation:- The words "Scheduled Castes", "Scheduled Tribes" and "Other Backward Classes" shall have the same meaning as given to them in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhde Vargon ke liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).
19. Meeting of the Executive Council
(1) The meeting of the Executive Council shall be held at least once in three months. (2) The Chairman of the Executive Council shall preside over the meeting of the Executive Council, and in his absence, the members present shall elect one person from among themselves to preside over the meeting. (3) Four members shall constitute the quorum for any meeting of the Executive Council. (4) Each member of the Executive Council shall have one vote, and if there is an 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 have an additional casting vote. (5) If immediate action is necessary by the Executive Council, the Director may permit the transaction of business by circulation of papers among the members of the Executive Council. The proposed action shall not be taken unless consent is given by a majority of the members of the Executive Council. Information of such action taken shall be given immediately to all members of the Executive Council, and the concerned papers shall be placed before the next meeting of the Executive Council for its confirmation.
20. Constitution of Standing Committee and appointment of Ad-hoc Committees
(1) Subject to the provisions of this Act or Regulations made in this regard, the Executive Council may, by resolution, constitute such Standing Committees and Ad-hoc Committees, for such purposes and with such powers as the Executive Council may deem fit, to exercise any power or perform any function of the Institute, or to investigate, report or advise on any matter related to the Institute. (2) The Executive Council may co-opt such persons for any Standing Committee or Ad-hoc Committee as it may deem appropriate and permit them to attend the meetings of the Executive Council.
21. Academic Council
The Academic Council shall be the academic body of the Institute and shall, subject to the provisions of this Act and the Regulations, have the power to control and generally regulate the standards of instruction, education and examination of the Institute, and shall also be responsible for maintaining them, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or Regulations. It shall have the right to advise the Executive Council on all academic matters.
22. Membership of the Academic Council
(1) The Academic Council shall consist of the following members, namely:- (one) The Director, who shall be its Chairman; (two) Three persons, who are eminent educationists or eminent men of letters or members of learned professions or eminent social persons, who are not in the service of the Institute, to be nominated by the Chairman in consultation with the General Council; (three) The Secretary in-charge of the Law and Legislative Affairs Department of the Government of Madhya Pradesh; (four) One nominee of the State Bar Council; (five) All Heads of Departments of the Institute; (six) All Professors other than Heads of Departments, if any; (seven) Two members of the teaching staff who shall be representatives of the Associate Professors and Assistant Professors of the Institute; (eight) One nominee of the Bar Council of India: Provided that no employee of the Institute shall be eligible to be nominated under category (two). (2) The term of office of members other than ex-officio members shall be three years: Provided that the term of the first Academic Council shall be five years.
23. Powers and functions of the Academic Council
Subject to the provisions of this Act or the Regulations, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:- (one) to report on any matter referred or delegated to it by the General Council or the Executive Council; (two) to make recommendations to the Executive Council regarding the creation, abolition or classification of teaching posts in the Institute and the qualifications, achievements and duties attached thereto; (three) to make schemes for the constitution of faculties and to modify or revise them and to assign specific subjects to such faculties and also to report to the Executive Council regarding the desirability of abolishing or sub-dividing any faculty or combining one faculty with another; (four) to make arrangements for the instruction and examination of persons other than those enrolled in the Institute through Regulations; (five) to promote research within the Institute and to require reports on such research from time to time; (six) to consider proposals submitted by the faculties; (seven) to appoint committees for admission to the Institute; (eight) to recognize degrees and diplomas of other universities and institutions and to determine their equivalence in relation to the degrees and diplomas of the Institute; (nine) to fix the time, mode and conditions of competitions for fellowships, scholarships and other awards, subject to the conditions approved by the General Council, and to award the same; (ten) to make recommendations to the Executive Council regarding the appointment of examiners and, if necessary, their removal and the fixing of their fees, achievements and travel and other expenses; (eleven) to make arrangements for conducting examinations and to fix dates for their holding; (twelve) to declare the results of various examinations or to appoint committees or officers for such purpose, and to make recommendations regarding the conferring of degrees, honours, diplomas, licenses, titles and marks of honour; (thirteen) to award scholarships, medals and prizes and other awards in accordance with the Regulations or such other conditions as may be attached to such awards; (fourteen) to publish lists of prescribed or recommended textbooks and to publish prescribed study courses; (fifteen) to prepare such forms and registers as may be prescribed by the Regulations from time to time; and (sixteen) to perform all such duties and to do all such acts in relation to academic matters as may be necessary for the proper implementation of the provisions of this Act and the Regulations.
24. Meeting of the Academic Council
(1) The Academic Council shall meet as often as necessary but shall meet at least twice during an academic year.
25. Finance Committee
(1) There shall be a Finance Committee which shall consist of the following, namely:- (i) Director; (ii) one member who shall be nominated by the Executive Council from amongst its members; (iii) one officer each from the Finance Department and Higher Education Department of the Government of Madhya Pradesh (not below the rank of Deputy Secretary) who shall be nominated by the State Government; (15)(iii-a) one member who shall be nominated by the General Council. (2) The members of the Finance Committee shall hold office for a period of three years. (3) The powers, duties and functions of the Finance Committee shall be as follows, namely:- (i) to examine and review the annual budget of the Institute and make recommendations to the Executive Council in financial matters; (ii) to consider all proposals for new expenditure and make recommendations to the Executive Council; (iii) to consider periodic statements of accounts and to review the financial position of the Institute from time to time and to consider re-appropriation statements and audit reports and make recommendations to the Executive Council; (iv) to present its views and make recommendations to the Executive Council on any financial matter affecting the Institute either on its own motion or on instructions from the Executive Council or the Director.
26. Officers of the Institute
26. The following shall be the officers of the Institute, namely:- (i) Director; (ii) Head of the Departments; (iii) Registrar; and (iv) such other officers as may be prescribed by the Regulations.
27. Director
(1) The Director of the Institute shall be appointed by the General Council in accordance with the Regulations made in this behalf: Provided that the first Director shall be appointed by the Chairman of the General Council. (2) The Director shall hold office for a period of five years which shall be renewable upon a resolution to this effect passed by the General Council, he shall continue to hold office on the expiry of his term until his successor is appointed and assumes office. (3) The Director shall:- (i) ensure that the provisions of this Act and Regulations are duly observed; (ii) be invested with all powers relating to the proper maintenance of discipline in the Institute. (4) If in the opinion of the Director, an emergency has arisen which requires that immediate action should be taken, he shall take such action as he deems necessary and report the same for confirmation at the next meeting of the authority which would have in normal course dealt with the matter.
28. Head of Departments
(1) Every department of the Institute shall have a Head of the Department. (2) The powers, functions, appointments and conditions of service of the Heads of Departments shall be such as may be prescribed by the Regulations.
29. Registrar
(1) The Registrar shall be a full time officer of the Institute, the tenure and conditions of service of the Registrar shall be such as may be prescribed by the Regulations. (2) The Registrar shall be ex-officio Secretary of the Executive Council, Academic Council, Finance Committee and the Faculties but shall not be deemed to be a member of any of these authorities. (3) The Registrar shall: (i) comply with all directions and orders of the Executive Council and the Director; (ii) be the custodian of the records, common seal and such other property of the Institute as the Executive Council shall commit to his charge; (iii) in an emergency, when both the Director and the duly authorised officer are unable to act, call a meeting of the Executive Council forthwith and obtain its directions for carrying on the work of the Institute; (iv) be directly responsible to the Director for the proper discharge of his duties and functions; (v) represent the Institute in suits or proceedings by or against the Institute, sign powers of attorney and verify pleadings or depute representatives for this purpose; and (vi) perform such other functions as may be assigned to him from time to time by the Executive Council or the Director. (4) In the event of the post of the Registrar remaining vacant for any reason, the Director may authorise any officer in the service of the Institute to exercise such powers, functions and duties of the Registrar as the Director deems fit.
30. Selection Committee
(1) The Executive Council shall constitute a Selection Committee for the purpose of making recommendations to the Executive Council for appointment to the posts of Professors, Associate Professors and other teachers in the Institute. (2) The Selection Committee shall consist of the following members:- (i) Director, who shall be the Chairman of the Committee; (ii) Head of the concerned Department: Provided that he does not hold a rank lower than the post for which the selection is to be made; (iii) three experts for the selection of Professors, Associate Professors and Assistant Professors, to be nominated by the Director from a list of names recommended by the Academic Council and approved by the Executive Council. (3) The meeting of the Selection Committee shall be called by the Director, whenever necessary. The quorum shall be of three members.
31. Regulations
(1) Subject to the provisions of this Act, the Executive Council shall, in addition to all other powers vested in it, have the power to make regulations to provide for the administration and management of the affairs of the Institute: Provided that the Executive Council shall not make any such regulation affecting the status, powers or constitution of any authority of the Institute until such authority has been given an opportunity of expressing its opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council. Provided further that the Executive Council shall not make any regulation affecting any or all of the following matters, nor shall it amend or repeal it, without the prior concurrence of the Academic Council, namely:- (i) constitution, powers and duties of the Academic Council; (ii) authority responsible for organizing teaching courses and academic programmes in relation to the Institute; (iii) withdrawal of degrees, diplomas, certificates and other academic distinctions; (iv) establishment and abolition of faculties, departments, halls and institutions; (v) institution of fellowships, scholarships, studentships, assistantships, medals and prizes; (vi) conditions/manner of appointment of examiners or the conduct/standards of examinations or other courses of study; (vii) manner of enrolment or admission of students; (viii) recognition of other examinations as equivalent to the examinations of the Institute. (2) The Academic Council shall have the power to propose regulations on all matters specified in clauses (i) to (viii) of sub-section (1) and matters connected or incidental thereto. (3) Where the Executive Council has rejected the draft of a regulation proposed by the Academic Council, the Academic Council may appeal to the Visitor, and the Visitor may, by order, direct that the proposed regulation shall be laid before the next meeting of the General Council for its approval and pending such approval of the General Council such regulation shall be effective from such date as may be specified in such order: Provided that if such regulation is not approved at such meeting of the General Council, it shall cease to be effective. (4) All regulations made by the Executive Council shall be placed before the General Council at its next meeting and the General Council shall have the power to amend or annul any regulation made by the Executive Council: Provided that such regulations, in so far as they concern provident fund, gratuity and pension as enumerated in section 33, shall come into force only after approval by the General Council.
32. Appointment of Review Commission
(1) The Visitor shall constitute a Commission at least once in every five years to review the working of the Institute and make its recommendations. (2) The Commission shall consist of at least three eminent educationists out of whom one shall be the Chairman of such Commission to be appointed by the Visitor in consultation with the State Government. (3) The terms and conditions of appointment of the members shall be such as may be determined by the Visitor. (4) The Commission shall, after holding such inquiry as it deems fit, make its recommendations to the Visitor. (5) The Visitor may take such action on such recommendations as he deems fit.
33. Provident Fund, Gratuity and Pension
33. All permanent employees of the Institute shall be entitled to the benefits of provident fund, pension and gratuity in accordance with such regulations as may be made in that behalf.
34. Fund of the Institute
(1) There shall be an Institute Fund for the Institute which shall include the following:- (i) any contribution or grant made by the State Government; (ii) any contribution or grant made by the University Grants Commission or the Central Government; (iii) any contribution made by the State Bar Council; (iv) any bequest, donation, endowments or other grants made by private individuals or institutions; (v) income received through fees and charges by the Institute; and (vi) amounts received from any other source. (2) The money in the said fund shall be deposited in any schedule bank as defined in the Reserve Bank of India Act, 1934 or invested in such securities as may be authorised by the Indian Trusts Act, 1882, as may be decided by the Executive Council. (3) The said fund may be used for such purposes of the Institute and in such manner as may be prescribed in the Regulations.
35. Annual Accounts and Audit
(1) The annual accounts of the Institute shall be prepared under the directions of the Executive Council. (2) The accounts of the Institute shall be audited at least once in a year by auditors appointed by the Executive Council: Provided that whenever considered necessary, the State Government shall have the power to direct that the accounts of the Institute, including those of the institutions managed by the Institute, be audited by such auditors as it may specify. (3) The accounts, when audited, shall be published by the Executive Council and a copy each of the accounts and the audit report along with it shall be placed before the General Council and shall also be submitted to the State Government. (4) The annual accounts shall be considered by the General Council at its annual meeting. The General Council may pass resolutions with reference thereto and shall communicate the same to the Executive Council. The Executive Council shall consider the suggestions made by the General Council and take such action as it deems fit; the Executive Council shall inform the General Council of all actions taken or reasons for not taking action in its next meeting.
36. Financial Estimates
(1) The Executive Council shall, before such date as may be prescribed by the Regulations, prepare the financial estimates for the next year and place them before the General Council. (2) The Executive Council may incur expenditure from such amount as has been provided in the budget, or in case of extreme urgency, may incur expenditure for reasons to be recorded and subject to such constraints and conditions as specified in the regulations; where no provision has been made in the budget in respect of such excess expenditure, a report shall be made to the General Council in its next meeting.
37. Annual Report
(1) The Executive Council shall prepare an annual report which shall contain such particulars as may be prescribed by the Regulations or as the General Council may specify by its resolution and the Executive Council shall act accordingly and inform the General Council. (2) Copies of the annual report and the resolution of the General Council along with it shall be submitted to the State Government. The State Government shall cause it to be laid on the floor of the Legislative Assembly as soon as possible.
38. Execution of Contracts
38. All contracts relating to management and administration shall be executed by the Director when the value of the contract exceeds Rs. 10 Lakhs and by the Registrar when its value is less than Rs. 10 Lakhs.
39. Conferring of Degrees, Diplomas, etc. by the Institute
39. Notwithstanding anything contained in any other law for the time being in force, the Institute shall have the power to confer degrees, diplomas and other academic distinctions and titles under this Act.
40. Honorary Degrees
40. If at least two-thirds of the members of the Academic Council recommend that an honorary degree or other academic distinction be conferred on any person on the ground that he is in their opinion a fit or proper person to receive such degree or academic distinction by reason of his illustrious achievements and status, the General Council may by a resolution decide that such honorary degree or academic distinction be conferred on the recommended person.
41. Withdrawal of Degree or Diploma
(1) The General Council, on the recommendation of the Executive Council, may withdraw any distinction, degree, diploma or privilege conferred or granted to any person by a resolution passed by a majority of the total members of the General Council and by a majority of at least two-thirds of the members present and voting in the meeting of the General Council, if such person has been convicted by a court for an offence which in the opinion of the General Council involves moral turpitude or he is guilty of gross misconduct. (2) No action shall be taken against any person under this section unless the person has been given an opportunity to show cause against the action proposed to be taken. (3) A copy of the resolution passed by the General Council shall be sent to the concerned person immediately. (4) Any person aggrieved by the decision of the General Council may appeal to the Visitor within thirty days from the date of receipt of such resolution. (5) The decision of the Visitor in such appeal shall be final.
42. Transfer of Property
42. The State Government may, for the purposes of this Act, transfer buildings, land or any other property, whether movable or immovable, for the use and management by the Institute on such terms and conditions and subject to such limits as the State Government deems fit.
43. Proceedings of Authorities or Bodies not invalidated by vacancies
(1) Notwithstanding anything contained in this Act, the General Council, Executive Council, Academic Council or any other authority or body of the Institute is not duly constituted or there is any defect in its constitution or re-constitution at any time, and notwithstanding that any act or proceeding of any authority, committee or body of the Institute is not invalid merely by reason of: (a) any vacancy or defect in its constitution; or (b) any defect in the election, nomination or appointment of any person acting as its member; or (c) any irregularity in its procedure not affecting the merits of the case. (2) No resolution of any authority or body of the Institute shall be deemed to be invalid by reason of any irregularity in the service of notice upon any of its members, provided that the proceedings of such authority or body have not been adversely affected by such irregularity.
44. Removal of Difficulties at the Commencement
44. If any difficulty arises in relation to the establishment of the Institute or in relation to the first meeting of any authority of the Institute or otherwise in giving effect to the provisions of this Act and the Regulations for the first time, the Visitor may, at any time, before all authorities of the Institute are constituted, by order, make any appointment or do anything which appears to him necessary or expedient for the purpose of removing such difficulty, and every such order shall have effect as if such appointment or action were made or done in the manner provided in this Act and the Regulations: Provided that the Visitor shall ensure and consider the opinion of the Director and such proper authority of the Institute as may have been constituted, before making any such order.
45. Transitional Provisions
45. Notwithstanding anything contained in this Act and the Regulations, the Director, with the prior approval of the Chairman of the General Council and subject to availability of funds, may perform all or any of the functions of the Institute for the purpose of executing the provisions of this Act and for this purpose may exercise such powers or perform such duties as are to be exercised or performed by any authority of the Institute under this Act and the Regulations, until such authority comes into existence as provided for by this Act and the Regulations.
46. Protection
46. No suit, prosecution or other legal proceeding shall lie against the Institute, the Director, any authority or officer of the Institute or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any regulation made thereunder and no claim for damages shall be made against them.
47. Act to have overriding effect
47. The provisions of this Act and any regulation made thereunder 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.
24(2). Meetings of Academic Council
(2) The Chairman of the Academic Council shall preside over the meeting of the Academic Council and in his absence the members present shall elect one person from amongst themselves to preside over the meeting.
24(3). Meetings of Academic Council
(3) Quorum for the meeting of the Academic Council shall be of one half of the total number of members of the Academic Council.
24(4). Meetings of Academic Council
(4) Every member of the Academic Council shall have the right to one vote and if on any question to be determined by the Academic Council there is equality of votes then the Chairman of the Academic Council or as the case may be, the member presiding over the meeting shall have, in addition, a casting vote.
24(5). Meetings of Academic Council
(5) If it becomes necessary to take immediate action, the Director may permit the conduct of business by circulation of papers among the members of the Academic Council. Action proposed to be taken shall not be taken unless agreed to by the majority of the members of the Academic Council. Such action taken shall be immediately reported to all the members of the Academic Council. The relevant papers shall be placed for confirmation in the next meeting of the Academic Council.
25(4). Finance Committee
(4) The Finance Committee shall meet at least once in six months. Quorum shall be of three members of the Finance Committee.
25(5). Finance Committee
(5) The Director shall preside over the meetings of the Finance Committee and in his absence the members present shall elect one person from amongst themselves to preside over the meeting.
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