Bare Act
The National Law University of Uttarakhand Act, 2011
1. Short title and commencement
- (1) This Act may be called the National Law University of Uttarakhand Act, 2011.
- (2) It shall come into force on such date as the State Government may, by notification in the official Gazette appoint.
2. Definitions
In this Act, unless the context otherwise requires,-
- (i) “Academic Council” means the Academic Council of the University;
- (ii) “Bar Council” means the State Bar Council
4. Objects of the University
The objects of the University shall be as follows; namely-
- (a) to advance and disseminate learning and knowledge of law, legal procedures and processes and law’s role in national development;
- (b) to develop in the students and research scholars a sense of responsibility to serve society by developing skills in advocacy, judicial, other legal services, legislation, judicial reforms and the like;
- (c) to organise lectures, workshops, seminars, symposia, conclave, colloquium and conferences etc., to promote legal knowledge and to make law and legal processes effective instrument of social change;
- (d) to hold examinations, confer degrees and other academic distinctions; and
- (e) to do all such things as are connected with or incidental to the attainment of all or any of the objects of the University.
5. Powers and functions of the University
The powers and functions of the University shall be as follows; namely-
- (i) to administer and manage the University and such centre for research, education and instruction as are necessary in furtherance of the objects of the University;
- (ii) to provide for instructions in such branches of knowledge of learning pertaining to law, as the University may deem fit and to make provision for research and for the advancement and dissemination of knowledge of law;
- (iii) to sponsor and undertake research in all aspects of law & justice with thrust upon legal and judicial reforms;
- (iv) to prescribe qualifications and to regulate the admission of students to the University as regards any programme;
- (v) to hold examinations, grant diplomas or certificates, confer degrees and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degree or other academic distinctions for good and sufficient cause.
- (vi) to confer honorary degrees or other distinctions in such manner as may be prescribed;
- (vii) to fix, demand and receive fees and other charges;
- (viii) to establish and maintain halls along with hostels and to recognize places for the students of the University and to withdraw such recognition accorded to any such place of residence;
- (ix) to establish such special centres, specialised study centres or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects.
- (x) to supervise and control the residence, to regulate the discipline among the students of the University and to make arrangements for promoting their health;
- (xi) to make arrangements in respect of the residence, discipline and teaching of women students;
- (xii) to create academic, technical, administrative, ministerial and other posts with the prior approval of the State Government;
- (xiii) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary;
- (xiv) to create posts required by the University with the prior approval of the State Government;
- (xv) to appoint persons as professors, readers, lecturers or otherwise as teachers and research scholars of the University;
- (xvi) to institute and award fellowships, scholarship, prizes and medals;
- (xvii) to provide for printing and publication of research papers and brochures; (xviii) to co-ordinate with any other organization in the matter of education, training and research in law, justice and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may deem fit.
- (xix) to co-ordinate 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 academicians, scholars and generally in such manner as may be conducive to the common objects;
- (xx) to regulate the expenditure and to manage the accounts of the University.
- (xxi) to establish, maintain and furnish within the premises of the University or elsewhere, such class rooms, study halls, libraries and reading rooms as the University may consider necessary.
- (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 or maintain any such building or works;
- (xxiv) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may deem fit without prejudice to the interest and activities of the University: Provided that where the properties have been created with financial assistance of the State or the Central Government prior approval of the State Government shall be necessary;
- (xxv) to draw and accept, to make and endorse to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments;
- (xxvi) to execute conveyances, transfers, re-conveyances, mortgages, leases, licences and agreements 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 in order to execute an instrument or transact any business of the University, any person as it may deem fit; (xxviii) to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities for receiving grants;
- (xxix) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities, funded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may deem 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;
- (xxx) to invest the funds of the University or fund entrusted to the University in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment;
- (xxxi) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the regulations, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the University and to aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University; (xxxii)to do all such other acts as the University may consider necessary, conductive or incidental to the attainments of enlargements of all or any of its objectives. (xxxiii) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the University and to alter, modify and to rescind them; (xxxiv) to delegate all or any of its powers to the Vice Chancellor of the University or any committee or any sub-committee or to any one or more members of its body or its officers;
6. Teaching in the University
- (1) All recognised teaching in connection with the degrees, diplomas and certificates of the University shall be conducted under the control of the Governing Council by the teachers of the University in accordance with such syllabus as may be prescribed.
- (2) The courses, curricula and the authorities responsible for organising such teaching shall be such as may be prescribed.
7. Chancellor and Visitor of the University
- (1) The Chief Justice of India shall be the Visitor of the University.
- (2) The Chief Justice of High Court of Uttarakhand shall be the Chancellor of the University
10. Term of Office of members of the Governing Council
- (1) The term of the office of the nominated members of the Governing Council shall subject to sub-section (2) and (3) be three years.
- (2) When a person is nominated as a member of the Governing 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.
- (3) A member of the Governing 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 accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the Governing Council without the leave granted by the Chancellor or acts
15. Term of Office of members of the Executive Council
- (3) Members of the Executive Council shall relinquish their membership on the expiry of three years from the date on which they become members of the Executive Council, unless the membership of the Executive Council is previously terminated as provided in the above sub-section but shall be eligible for re-nomination or re-appointment, as the case may be.
- (4) A member of the Executive Council other than 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 it has been accepted by the Chairman of the Executive Council.
- (5) Any vacancy in the Executive 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 on the expiry of the period of the vacancy such appointment or nomination shall cease to be effective.
16. Powers and functions of the Executive Council
Without prejudice to the provisions of section 11, the Executive Council shall have the following powers and functions; namely-
- (i) to create academic posts in the University and to determine the qualifications, emoluments and duties attached thereto with the prior approval of the State Government after considering the recommendations of the Academic Council;
- (ii) to appoint from time to time, Professors, Readers, Lecturers, other members of the teaching staff, the Librarian and such other members of the teaching staff as may be necessary on the recommendations of the Selection Committee constituted under section 24 as may be prescribed for the purpose;
- (iii) to create administrative, ministerial and other posts, to determine the minimum qualifications and emoluments of such posts with the prior approval of the State Government;
- (iv) to manage and regulate the finances, accounts investments, property, business and all other administrative affairs of the University;
- (v) to invest any money belonging to the University including any unapplied income, in such stock funds, shares or securities, as it may, from time to time, deem fit;
- (vi) to transfer or accept transfers of any movable or immovable property on behalf of the University; Provided that no immovable property shall be transferred to the third party without the prior approval of the State Government;
- (vii) to enter into, vary, carryout and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may deem fit;
- (viii) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
- (ix) to entertain, adjudicate and to redress any grievances of the aggrieved officers, teachers, students and employees of the University;
- (x) 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;
- (xi) to select a common seal for the University and to provide for the custody of the seal;
- (xii) to make such regulations as may, from time to time be considered necessary for regulating the affairs and the management of the University and to alter, modify or rescind them;
- (xiii) to delegate all or any of its powers, except the powers to make regulations, to any Officer or Authority and ;
- (xiv) to exercise such other powers and to perform such other duties as may be prescribed by or under this Act.
17. Meetings of the Executive Council
- (1) The Executive Council shall meet at least once in six months and not less than fifteen days notice shall be given for such meeting.
- (2) The Chairman of the Executive Council shall preside over a meeting of the Executive Council, and in his absence the member’s presents shall elect a person from amongst themselves to preside over the meeting.
- (3) One-third of the total members of the Executive Council shall form the quorum at any meeting thereof.
- (4) Each member of the Executive Council shall have one vote and if there shall be 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 that meeting shall, in addition, have a casting vote.
18. Constitution of Standing Committee and appointment of adhoc committees by the Executive Council
- (1) Subject to the provisions of this Act or the regulations made in this behalf the Executive Council may by resolution, constitute such standing committees or appoint adhoc committees for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University or for enquiring into, reporting or advising upon any matter relating to the University.
- (2) The Executive Council may co-opt persons to a standing committee or an adhoc committee as it considers suitable and may permit them to attend the meetings of the Executive Council.
19. Academic Council
The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and the regulations, have power of control and general regulation of, and be responsible for, the maintenance of standards of instructions, education and examination of the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the regulations.
20. It shall have the right to advise the Executive Council on all academic matters.
Constitution of the Academic Council
- (1) The Academic Council shall consist of the following members; namely:-
- (i) the Vice Chancellor, who shall be the Chairman thereof;
- (ii) three persons from amongst the educationists of repute or men of letters or members of any profession or eminent public men, who are not in service of the University nominated by the Chairman in consultation with the Governing Council;
- (iii) the Principal Secretary/Secretary of Judicial Department, Government of Uttarakhand or his nominee not below the rank of Additional Secretary;
- (iv) the Principal Secretary/Secretary of Higher Education Department, Government of Uttarakhand or his nominee not below the rank of Additional Secretary;
- (v) Registrar General, High Court of Uttarakhand;
- (vi) Director, Uttarakhand Judicial and Legal Academy;
- (vii) a nominee of the Bar Council of Uttarakhand;
- (viii) all the Heads of the Department of the University;
- (ix) all Professors other than the Heads of the Department, if any;
- (x) two members of the teaching staff, one each representing the Readers and the Lecturers of the University.
- (2) The terms of the members other than ex-officio members shall
23. Finance Committee
(v) [Nominee mentioned continue] nominee not below the rank of Additional Secretary; (vi) the Principal Secretary/ Secretary, Judicial Department Government Uttarakhand or his nominee not below the rank of Additional Secretary; (vii) the Registrar of the University; (viii) the Finance Officer- Member Secretary. (2) The nominated members of the Finance Committee shall hold office for a period of three years. (3) The Finance Committee shall have the following powers, duties and functions: (i) to examine and scrutinize the annual budget of the University and to make recommendations or 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 statements of accounts and to review the finances of the University from time to time and to consider re-appropriation statements and audit reports to make recommendations to the Executive Council; (iv) to give its views and to make recommendations to the Executive Council on any financial matter affecting the University either on its own initiative or on reference from the Executive Council or the Vice Chancellor; (4) The Finance Committee shall meet at least once in six months. Three members of the Finance Committee shall form the quorum. (5) The Vice Chancellor shall preside over the meetings of the Finance Committee, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting.
24. Selection Committee
- (1) The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of teachers and other employees in the University.
- (2) The selection committee shall consist of the following members; namely:-
- (a) the Vice Chancellor who shall be Chairman of the Committee;
- (b) the Head of the Department concerned, if any who is not lower in rank than that of the post for which selection is to be made; (c)
- (i) where an appointment is to be made for any teaching post, three experts nominated by the Vice Chancellor from amongst a panel of names recommended by the Academic Council and approved by the Executive Council;
- (ii) where an appointment is to be made to any post other than concerned with teaching, three experts in the field of the University's administration to be nominated by the Vice Chancellor from amongst a panel of names recommended by the Executive Council.
- (3) Where an endowment from a donor is accepted by the University for establishing a Chair, the donor may be co-opted as member of the Selection Committee for the purpose of filling in that post.
25. Officer of the University
The following shall be the officers of the University, namely:
- (i) the Vice Chancellor;
- (ii) the Heads of the Departments;
- (iii) the Registrar;
- (iv) the Finance Officer;
- (v) such other officers as may be prescribed by Regulations.
26. The Vice Chancellor
- (1) The Vice Chancellor of the University shall be appointed by the State Government on the recommendations of the Chancellor, which shall be binding on the State
- (7) ... which shall be completed preferably within six months, after giving him an opportunity of being heard, and may recommend the removal of the Vice Chancellor to the Chancellor, who shall forward the recommendation to the State Government for further action.
- (8) During the pendency or in contemplation, of any inquiry referred to in sub
29. Finance Officer
(h) collect the incomes, disburse the payments and maintain the accounts of the University; (i) ensure that the registers of buildings, lands, items of furniture and equipments are maintained up-to-date and that stock checking of equipment and other consumable material is conducted regularly in the University; (j) probe into any unauthorized expenditure and other financial irregularities and suggest to the competent authority, disciplinary action against persons as fault. (k) perform such other duties in respect of financial matters as may be assigned to him by the Executive Council or the Vice Chancellor. (3) In the event of the post of the Finance Officer remaining vacant for any reason the Vice Chancellor may authorize any officer in the service of the University to exercise such powers, functions and the duties of the Finance Officer as the Vice Chancellor deems fit;
30. Other Officers and Employees
- (1) Subject to the regulations made for the purpose every other officer or employee of the University shall be appointed under written contract setting out the conditions of service as prescribed by the regulations which shall be lodged with the University and a copy thereof furnished to the officer or employee concerned.
- (2) Any dispute arising out of the contract between the University and any of its officers or employees shall, at the request of the officer or the employee concerned, or at the instance of the University be referred to one- man tribunal to be known as Education Tribunal as notified by the
34. The Annual Accounts and Audit
- (1) The Annual Accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council.
- (2) The accounts of the University shall, at least once in a year, be audited by the Vice Chancellor, Local
44. Validation of acts and proceedings
(b) any defect in the election, nomination or appointment of a person acting as a member thereto; or (c) any irregularity in its procedure not affecting the merits of the case. (2) No resolution of any authority or body of the University shall be deemed to be invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body if not prejudicially affected by such irregularity.
45. Removal of Difficulties
If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in giving effect to the provisions of this Act and the regulations, the State Government may, at any time, before all authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act, which appear to it necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act :
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