section Schedule
STATUTES
The National Law University, Jodhpur Act, 1999GENERAL COUNCIL
1. Membership of General Council.- There shall be a General Council of the University which shall consist of the following members, namely:- (i) the Chief Justice of the High Court of Judicature for Rajasthan; (ii) the Minister In-charge of Law, Government of Rajasthan; (iii) the Minister In-charge of Higher Education, Government of Rajasthan; (iv) the Attorney-General of India; (v) the Secretary to the Government, Law and Legal Affairs Department, Rajasthan; (vi) the Secretary to the Government, Higher Education Department, Rajasthan; (vii) the Secretary to the Government, Finance Department, Rajasthan; (viii) the Chairman, Rajasthan State Bar Council; (ix) the Chairperson of the University Grants Commission; (x) two eminent persons nominated by the Chancellor working in the field of law and law education; (xi) the Vice-Chancellor; (xii) Advocate General, Rajasthan; (xiii) Three eminent jurists/judges of the Supreme Court/High Court, Retired or in office nominated by the Visitor; (xiv) Five eminent Professors in Law, Science, Social Science to be nominated by the Chancellor; and (xv) All Professor-Directors of the Schools Provided that an employee of the University shall not be eligible for nomination to the General Council.
2. Donor members.- Any person who makes a donation to the University at any one time of an amount exceeding Rs. 1,00,00,000 shall be the Donor member during his life time and shall have a right to nominate a representative to attend meetings.
3. Chairman and Secretary of the General Council.- (1) The Chancellor shall be the Chairman of the General Council. (2) The Registrar shall be the Secretary of the General Council.
4. Terms of office of members of the General Council.- (1) The term of office of the members of the General Council except Donor members, if any, shall, subject to sub-sections (2) and (3), be three years. Provided that the term of the first General Council will expire on constitution of the regular General Council under the provisions of this Schedule. (2) Where a member of the General Council becomes such member by virtue of the office or appointment he holds or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment or as the case may be, his nomination is withdrawn or cancelled. (3) A member of the General Council shall cease to be a member.- (a) if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude; (b) if any member other than the Vice-Chancellor accepts a full time appointment in the University; (c) if he is a nominated member and fails to attend three consecutive meetings of the General Council without the leave of the Chairman. (4) A member other than ex-officio member of the General Council may resign his office by a letter addressed to the Chairman and such resignation shall take effect as soon as such resignation is accepted by the Chairman. (5) Any vacancy in the General Council shall be filled either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated could have held office if the vacancy had not occurred.
5. Powers of the General Council.- (1) the General Council shall have all the powers necessary for the administration and management of the University and for conducting its affairs including the power to review the action of the Authorities and the power to review the regulations made by the Executive Council and shall exercise all powers of the University except as otherwise provided in this Act. (2) Without prejudice to the generality of the powers conferred by sub-clause (1), the General Council shall,- (a) Recommend the broad policies and programmes of the University and suggest measures for the improvement and development of the university. (b) Consider and pass the resolutions on the annual report, the financial estimates and the audit report on such accounts; (c) Perform such other functions, not inconsistent with the provisions of this Act, as it may deem necessary for the better functioning and administration of the University.
6. Meeting of the General Council.- (1) The General Council shall meet at least once in a year. An annual meeting of the General Council shall be held on a date to be fixed by the Executive Council unless the General Council in respect of any year has fixed some other date. (2) The Vice-Chancellor shall preside over the meetings: Provided that the Chancellor may attend any meeting of the General Council and if he so attends a meeting he shall preside over such meeting. (3) A report of the working of the University during the previous year, together with a statement of receipts and expenditure as also the balance sheet as audited and the financial estimates, shall be presented by the Vice- Chancellor to the General Council at its meeting. (4) Meeting of the General Council shall be called by the Vice- Chancellor on his own or at the request of not less than two-thirds of the members of the General Council including the ex-officio members. (5) For every meeting of the General Council at least 15 days notice shall be given. (6) One – third of the members of the General Council shall form the quorum. (7) Each member shall have one vote and if there is equality of votes on any question to be determined by the General Council, the Chairman or 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. (9) If urgent action by the General Council becomes necessary, the Chairman may permit the business to be transacted by circulation of papers to the members of the General Council. However, the action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council. The action so taken shall forthwith be intimated to all the members of the General Council and the papers shall be placed before the next meeting of the General Council for confirmation.
EXECUTIVE COUNCIL
7. Membership of the Executive Council.- (1) The Executive Council shall consist of the following, namely:- (i) The Vice Chancellor; (ii) One Member of the General Council (to be nominated by the General Council); (iii) Advocate General, Rajasthan; (iv) The Secretary to the Government, Law and Legal Affairs Department, Rajasthan or his nominee not below the rank of joint Legal Remembrancer. (v) The Secretary, Higher Education Department, Rajasthan or his nominee not below the rank of Special Secretary, Higher Education department, Rajasthan; (vi) The Secretary to the Government, Finance Department, Rajasthan or his nominee not below the rank of Special Secretary, Finance Department; (vii) The Chairman, the State Bar Council, Rajasthan; (viii) Two Senior most Faculty Members to be nominated by the Vice-Chancellor by rotation. (ix) Two eminent academicians or jurists to be nominated by the Visitor; (x) A seating Judge of the Rajasthan High Court, to be nominated by the Chancellor; and (xi) Chairman, Bar Council of India (2) The Vice-Chancellor shall be the Chairman and the Registrar shall be the Secretary of the Executive Council.
8. Term of Office of Executive Council.- (1) Where a person has become a member of the Executive Council by virtue of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment. (2) A member of the Executive Council shall cease to be a member if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice-Chancellor or a member of the faculty accepts a full time appointment in the University or if he is a member, other than ex-officio member and fails to attend three consecutive meetings of the Executive Council without the leave of the Chairman of the Executive Council. (3) Unless their membership of the Executive Council is previously terminated as provided in the above sub-clause, members of the Executive Council shall cease to be members on the expiry of three yours from the date on which they become members of the Executive Council: Provided that the term of the Executive Council shall be three years. (4) A member of the Executive Council other than an ex- officio member, may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as the Chairman of the Executive Council accepts it. (5) Any Vacancy in the Executive Council shall be filled either by appointment or nomination, as the case may be, by the respective authority entitled to make the same and on the expiry of the period of the vacancy such appointment or nomination shall cease to be effective. (6) Notwithstanding anything contained in the foregoing provisions persons nominated under category (v) of section 7 shall remain member of the Executive Council permanently.
9. Powers and functions of the Executive Council.- Without prejudice to the provisions contained in section 5, the Executive Council shall have the following powers and functions, namely:- (1) to create faculty position of and appoint in the position of, from time to time, Professor-Director of Schools, Chairman of Undergraduate and Postgraduate studies, Professors, Associate Professor, Assistant Professor and other teaching staff of the faculty on the recommendation of the Selection Committee constituted under the Regulation of the University on that behalf; (2) to create positions in administrative, teaching, research and subordinate management staff, on tenure and non tenure basis on such terms and conditions as may be determined by regulations and to appoint personnel in such posts in such manner as may be determined under regulations. The Council may also delegate such functions to the Vice Chancellor in such manner as may be stipulated in the regulation; (3) to grant in accordance with the regulations, leave of absence other than casual leave to any officer of the University and to make necessary arrangement for the discharge of the functions of such officer during his absence; (4) to manage and regulate the finances, accounts, investments, property, other matters and all other administrative affairs of the University and for that purpose to appoint such agents, as it may think fit; (5) to invest any money belonging to the University, including an unapplied income, in such stock, funds, shares or securities, as it may, from time to time, think fit or in the
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