The National Law University of Meghalaya Act, 2022
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
Education202235 sections5 chapters
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
8. Authorities of the Law University.
Statutory text
The following shall be the authorities of the Law University:- (a) the General Council; (b) the Executive Council; (c) the Academic Council; (d) the Finance Committee; and (e) such other authorities as may from time to time be declared as such by the General Council.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
9. General Council and its terms of Office.
Statutory text
- (1) The General Council shall consist of the following members: - (i) the Chancellor shall be the President of the General Council; (ii) a sitting Judge of High Court of Meghalaya nominated by the Chief Justice of the High Court of Meghalaya; (iii) Advocate General of Meghalaya; (iv) Vice-Chancellor of the Law University; (v) an eminent educationist nominated by the Government of Meghalaya; (vi) A nominee of the Chairman of the Bar Council of India from amongst the members of the Bar Council of India; (vii) Chairman, Bar Council of Meghalaya; (viii) two eminent persons in the disciplines of Social Sciences and Humanities nominated by the Chancellor; (ix) two eminent persons in legal or educational field, nominated by the Chancellor; (x) four members from the Government of Meghalaya amongst whom, the Chief Secretary to the Government of Meghalaya, the Secretary to the Government of Meghalaya, Finance Department, the Secretary to the Government of Meghalaya, Education Department and the Legal Remembrancer and Secretary to the Government of Meghalaya, Law Department. Secretary here shall mean and include Additional Chief Secretary, Principal Secretary and Commissioner and Secretary to the Government of Meghalaya; (xi) the Registrar General, High Court of Meghalaya; (xii) the Registrar of the Law University will be the Member-Secretary of the General Council; and (xiii) all the Professors, who are the Heads of Department in the Law University. (2) Where a person has become a member of the General Council by reason of the post or appointment he holds, his membership shall be co-terminus with the post held by him. (3) The term of the office of the nominated members of the General Council other than the ex-officio members shall be three years. (4) A member of the General Council shall cease to be a member if he resigns or becomes a person of unsound mind, or insolvent or is convicted of criminal offence involving moral turpitude; (5) A member of the General Council other than an ex-officio member may resign his office by a letter addressed to the President and such resignation shall take effect as soon as it has been accepted. (6) Any such vacancy in the General Council shall be filled by nomination by the respective nominating authority and on expiry of the period of the vacancy, such nomination shall cease to be effective.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
10. Powers, function and meetings of the General Council.
Statutory text
- (1) The General Council shall be the plenary authority of the Law University and shall formulate and review from time to time the broad policies and programmes of the Law University and devise measures for the improvement and development of the Law University and shall also have the following powers and functions, namely, - (i) 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; (ii) to make statutes concerning the administration and the affairs of the Law University including prescribing the procedures to be followed by the authorities and the officers of the Law University in the discharge of their functions; and (iii) to recommend the person to be appointed as Vice Chancellor of the Law University from out of the panel prepared by the Selection Committee appointed by the Executive Council and proposed by it. (2) The General Council shall meet at least once in a year. An annual meeting of the General Council shall be held on a date to be fixed by the Executive Council, unless some other date has been fixed by the General Council in respect of any year. (3) A report of the working of the Law University during the previous year, together with a statement of receipts and expenditure, duly audited balance sheet, and the financial estimates shall be presented by the Vice Chancellor of Law University to the General Council at its annual meetings. (4) Meeting of the General Council shall be called by the Registrar of Law University either at the request of not less than five members of the General Council or on the direction of the Chancellor. (5) A meeting of the General Council may be convened upon giving fifteen days’ notice in writing. (6) One-half of the members existing on the rolls of the General Council shall form the quorum. (7) Each member shall have one vote and if there be equality of votes on any question to be determined by the General Council, the person presiding over the meeting shall, in addition, have a casting vote. (8) In case of difference of opinion among the members, the opinion of the majority shall prevail.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
11. Executive Council
Statutory text
- (1) The Executive Council shall consist of the following members, namely, - (i) the Vice-Chancellor of the Law University; (ii) a sitting Judge of the High Court of Meghalaya nominated by the Chief Justice of the High Court of Meghalaya; (iii) Registrar General of the High Court of Meghalaya; (iv) Legal Remembrancer and Secretary to the Government of Meghalaya Law Department ; (v) Secretary to the Government of Meghalaya, Finance Department; (vi) Secretary to the Government of Meghalaya, Education Department; (vii) a nominee from the Bar Council of India; (viii) the Chairman Bar Council of the State of Meghalaya; (ix) The Registrar of the Law University will be the Member-Secretary of the Executive Council; (x) One Senior Grade-I, Judicial Officer, nominated by the Chancellor; and (xi) three Senior teachers to be nominated by the Vice Chancellor of the Law University of whom, as far as possible, one shall be from amongst Heads of the Departments, one from Professors and one from Associate Professors. (2) The Vice-Chancellor shall be the Chairman of the Executive Council. (3) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall be coterminus with the office held by him; (4) The term of office of the nominated members of the Executive Council other than ex-officio members shall be three years. (5) A member of the Executive Council shall cease to be a member, if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude. A member, other than the Vice-Chancellor of the Law University or Registrar of the Law University or teachers, shall also cease to be a member if he accepts a full time appointment in the Law University or if he being a teacher fails to attend three consecutive meetings of the Executive Council without the leave of the Vice-Chancellor of the Law University. (6) A member of the Executive Council other than an ex-officio member may resign his office by a letter addressed to the Vice-Chancellor of the Law University and such resignation shall take effect as soon as it has been accepted by him; (7) Any such vacancy in the Executive Council shall be filled by nomination by the respective nominating authority and on expiry of the period of vacancy, such nomination shall cease to be effective.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
12. Powers, Functions and Meetings of the Executive Council.
Statutory text
- (1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all the other powers vested in it, the powers to frame regulations to provide for the administration and management of the affairs of the Law University: Provided that the Executive Council shall not make any regulation affecting the status, powers or Constitution of any Authority of the University unless such authority has been given an opportunity of expressing an opinion in writing on the proposed changes. (2) Without prejudice to the provisions of sub-section (1) above, the Executive Council shall have the following powers and functions, namely,- (i) to propose as and when required to the General Council for appointment as Vice-Chancellor of the Law University, a panel of three names after considering the recommendations of Selection Committee constituted under sub-section (1) of Section 22 of this Act; (ii) to recommend the names of three persons to the Chancellor for appointment as Registrar of the Law University on the recommendations of the Selection Committee constituted for that purpose by it; (iii) to prepare and present to the General Council at its annual meetings: - (a) a report on the working of the Law University; (b) a statement of accounts; and (c) budget proposals for the ensuing academic year; (iv) to submit budget proposal, after its approval by the General Council, to the State Government for allotment of fund through grants to the University; (v) to manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the Law University and for that purpose, constitute committee and delegate the powers to such committees or such officers of the Law University as it may deem fit; (vi) to invest any money belonging to the Law 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; (vii) to transfer or accept transfers of any movable or immovable property as per law on behalf of the Law University; (viii) to enter into, vary, carryout and cancel contracts on behalf of the Law University and for that purpose to appoint such officers as it may think fit; (ix) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the Law University; (x) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers, the teachers, the students and the employees of the Law University; (xi) subject to approval of the Government, 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 behalf; (xii) to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council; (xiii) to select a common seal for the Law University; and (xiv) to exercise such other powers and to perform such other duties as may be considered necessary; or imposed on it by or under this Act. (3) Meetings of the Executive Council shall be conducted as follows,- (i) the Executive Council shall meet at least once in four months upon giving fifteen days’ notice in writing; (ii) the meeting of the Executive Council shall be called by the Vice-Chancellor of Law University or by the Registrar either on their own or at the request of not less than five members of the Executive Council; (iii) six members of the Executive Council shall form the quorum at any meeting; (iv) in case of differences of opinion among the members, the opinion of the majority shall prevail; (v) each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the President of the Executive Council or as the case may be, the Member presiding over that meeting shall, in addition, have a casting vote; (vi) every meeting of the Executive Council shall be presided over by the Vice-Chancellor of the Law University and in his absence by a member chosen by the members present; and (vii) if urgent action by the Executive Council becomes necessary, the Vice-Chancellor of the Law University may permit the business to be transacted by circulation of papers to the members of the Executive Council. The action so proposed to be taken shall not be taken unless agreed to by a majority of members of the Executive Council. The action so taken shall be forthwith intimated to all the members of the Executive Council. The papers shall be placed before the next meeting of the Executive Council for confirmation.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
13. Academic Council
Statutory text
- (1) The Academic Council shall consist of the following members, namely, - (i) the Vice-Chancellor of the Law University shall be the Chairman; (ii) one sitting Judge of the High Court of Meghalaya, nominated by the Chancellor; (iii) Registrar General of the High Court of Meghalaya; (iv) the Registrar of the Law University shall be the Member Secretary; (v) two persons from amongst retired Judges of the High Court or educationists of repute or men of letters or members of the legal professions or eminent public men, who are not in the service of the Law University, nominated by the Chancellor; (vi) all the Heads of the Departments of the Law University; (vii) all Professors other than the Heads of the Department; (viii) two members of the teaching staff, one each respectively representing the associate and assistant professors of the Law University nominated by the Vice-Chancellor of Law University for the term specified; (ix) a nominee of the Bar Council of India; and (x) a nominee of the Bar Council of Meghalaya. (2) The term of the members other than ex-officio members and those whose term is not specified by any of the clauses of sub-section (1) shall be three years: Provided that the term of the members of the first Academic Council shall be five years.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
14. Powers, functions and meetings of the Academic Council.
Statutory text
- (1) Subject to the provisions of the Act, Statutes and Regulations and the overall supervision of the Executive Council, the Academic Council shall manage the academic affairs and matters of the Law University and in particular shall have the following powers and functions, namely, - (i) to report on any matter referred or delegated to it by the General Council or the Executive Council; (ii) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the Law University and the emoluments payable and the duties attached thereto; (iii) to obtain approval of the Bar Council of India and UGC for all the certificates, diplomas and degrees to be offered by the Law University; (iv) 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; (v) to recommend arrangements for the training, instruction and examination of persons other than those enrolled in the Law University; (vi) to promote research within the Law University and to require from time to time, reports on such research; (vii) to consider proposals submitted by the faculties; (viii) to suggest and adopt policies for admissions to the Law University; (ix) to recommend, recognize diplomas and degrees of other Law Universities and institutions and to determine their equivalence in relation to the certificates, diplomas and degrees of the Law University; (x) to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competition for fellowships, scholarships and other prizes and to recommend for award the same; (xi) to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary, their removal and fixation of their fees, emoluments, travelling and other expenses; (xii) to recommend arrangements for the conduct of examinations and the dates for holding them; (xiii) 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, titles and marks of honours; (xiv) 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; (xv) to approve or revise lists of prescribed or recommended text books and to publish the same and syllabus of the prescribed courses of study; (xvi) to approve such forms and registers as are, from time to time, required by the Regulations; and (xvii) 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 thereunder. (2) The meeting of the Academic Council shall be as follows,- (i) the Academic Council shall meet as often as may be necessary, but not less than two times during an academic year; (ii) one half of the existing members of the Academic Council shall form the quorum for a meeting of the Academic Council; (iii) in case of difference of opinion among the members, the opinion of the majority shall prevail; (iv) each member of the Academic Council, including the Chairman of the Academic Council, have one vote and if there be any 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; (v) every meeting of the Academic Council shall be presided over by the Vice-Chancellor of Law University and in his absence by a member chosen in the meeting to preside on the occasion; and (vi) 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 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. The papers shall be placed before the next meeting of the Academic Council for confirmation.
Chapter III AUTHORITIES OF THE LAW UNIVERSITY
15. Finance Committee
Statutory text
- (1) There shall be a Finance Committee constituted by the Executive Council consisting of the following, namely,- (i) the Vice-Chancellor of Law University; (ii) the Registrar of Law University; (iii) the Finance and Accounts Officer of Law University; and (iv) two members one of whom to be nominated by the General Council and the other by the Government of Meghalaya. (2) The members of the Finance Committee other than the ViceChancellor of Law University, Registrar of Law University and Finance and Accounts Officer of the Law University shall hold office so long as they continue as members of the Finance Committee. (3) The functions and duties of the Finance Committee shall be as follows: - (i) to examine and scrutinize the annual budget of the Law University and to make recommendations on financial matters to the Executive Council; (ii) to consider all proposals for new expenditure and to make recommendations to the Executive Council; (iii) to consider the periodical statement of accounts and to review the finances of the Law University from time to time and to consider re-appropriation statements and audit reports and to make recommendations to the Executive Council; and (iv) to give its views and to make recommendations to the Executive Council on any financial question affecting the Law University either on its own initiative or on reference from the Executive Council or the Vice Chancellor of Law University. (4) The Finance Committee shall meet at least thrice in every year. Three members of the Finance Committee shall form the quorum. (5) The Vice-Chancellor of Law University shall preside over the meetings of the Finance Committee, and in his absence, the Registrar of Law University shall preside. In case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.
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