Jharkhand act 020 of 2010 : The LAW UNIVERSITY ACT-2010The AMENDMENT 2012

Section 1.Short title and commencement

(i) This Act may be called the National University of Study and Research In Law, Ranchi Act, 2010

(ii) It shall come into force at once.

Section 2.Definitions

In this Bill, unless the context otherwise requires:- ;

(i) Academic Council means the Academic Council of the University. ;

(ii) Academic Planning and development Board means the Academic Planning and Development Board of the University.;

(iii) Bar Council of India means the Bar Council of India constituted under the Advocates Act, 1961 (Central Act No.25 of 1961).;

(iv) Chancellor means the Chancellor of the University.;

(v) Executive Council means the Executive Council of the University. ;

(vi) General Council means the General Council of the University. ;

(vii) Registrar means the Registrar of the University. ;

(viii) Regulation means the regulation of the University made by the authorities of the University under and in accordance with the provisions of this Act.;

(ix) Schedule means the Schedule appended to this Act. ;

(x) University means National University of Study and Research In Law, Ranchi ;

(xi) Chief Justice means the Chief Justice of the High Court of Jharkhand and includes the Judge performing the duties of the Chief Justice of Jharkhand. ;

(xii) Governor means the Governor of Jharkhand and includes acting Governor performing the duties of Governor in the State of Jharkhand. ;

(xiii) Vice-Chancellor means the Vice-Chancellor of the University.;

(xiv) Rector means Rector of the University.;

(xv) Visitor means the Visitor of the University.

Section 3.Establishment and incorporation of National University of Study and Research in Law, Ranchi

(i) With effect from such date as the State Government may by notification appoint, there shall be established, in the State of Jharkhand, a University by the name of National University of Study and Research In Law, Ranchi which shall consist of the Rector, Visitor, Chancellor, the Vice-Chancellor, the General Council, the Executive Council, the Academic Council, the Finance Committee and the Registrar.;

(ii) The University shall be a body corporate by the name aforesaid, having perpetual succession and common seal with power, subject to the provisions of this Act to contract and shall by the said name sue and be sued.;

(iii) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.;

(iv) The headquarters of the University shall be at Ranchi. The University may establish other campuses in Jharkhand as may be deemed fit and necessary by the General Council from time to time.

Section 4.The objects of the University

The objects of the University shall be;
(i) to advance and disseminate learning and knowledge of law and Conduct or Commission research with a view to promote the proper role of law in national development;;

(ii) to develop in the student and research scholar a sense of responsibility to serve society in the field of law by developing skills in regard to advocacy, judicial and other legal services, legislation, law reforms and the like; training to judicial officers and others who are involved in the administration of Justice;;

(iii) to impart training and to conduct refresher courses for law teachers, judicial officers, advocates and other persons engaged or interested in legal field;;

(iv) to organize lectures, seminars symposia and conferences on topics of legal interest;;

(v) to promote legal knowledge and to make law and legal processes efficient instruments of social development;;

(vi) to hold examinations and confer degrees, diplomas, certificates and other academic. Distinctions and to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objects of the University.;

The University shall be open to all persons of either sex, irrespective of race, creed, caste, class or religion.

Section 5.Power and Functions of the University:

The power and function of the University shall be-

(i) to administer and manage the University and such centers for research, education and instruction as are necessary for the furtherance of the objects of the University;

(ii) to provide for instruction in such branches of knowledge or learning pertaining to law, as the University may think fit and to make provision for research and for the advancement and dissemination of knowledge of law,

(iii) to organize and undertake extramural teaching and extension service,

(iv) to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such condition as the University may determine and to withdraw any such diplomas, certificates degrees or other academic distinctions for good and sufficient cause ,

(v) to confer honorary degree or other distinction in the manner laid down in the regulations;

(vi) to fix, demand and receive fees and other charges,

(vii) to institute and maintain halls and hostels and to recognize places of residence for the students of the University and to withdraw such recognition accorded to any such places of residence.

(viii) to establish such special centers, specialized study center or other units for research and instruction as are, in the opinion of the University necessary for the furtherance of its objects,

(ix) to supervise and control the residence and to regulate the discipline of the students of the University and to make arrangements for promoting their health;

(x) to make special arrangements in respect of the residence, discipline and teaching of women students,

(xi) to create academic, technical, administrative, ministerial and other posts in the University and to make appointments thereto,

(xii) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary,

(xiii) to institute professorships, associate professorships, assistant professorship, part-time lectureships, and any other teaching, academic or research posts required by the University, with the prior approval of the State Government.

(xiv) to appoint persons as professors, associate professors, assistant professors, part-time lecturers or otherwise as teachers and researchers of the University,

(xv) to institute and award fellowship, scholarship, prizes, and medals;

(xvi) to provide for printing, reproduction and publication of research and other work and to organize exhibitions;

(xvii) to sponsor and undertake research in all aspects of law, justice and social development.

(xviii) to co-operate with any other organization in the matter of education, training and research in law, justice, social development and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may from time to time determine;

(xix) to co-operate with institutions of higher learning of the world, having objects wholly or partially similar to those of the University by exchange of teachers 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 advance the professional education and also to provide adequate orientation and training to judicial officers and others who are involved in the administration of Justice,

(xxii) to impart training and other persons in legal field;

(xxiii) to spread and promote legal literacy and legal awareness among citizens at urban and rural level,

(xxiv) to provide legal aid to needy persons at pre-litigation and litigation stage;

(xxv) to undertake research of ancient scriptures and ancient legal system in India and explore their usefulness in the administration of Justice in modern India;

(xxvi) to develop teaching and research of such ancient texts on which the modern law and the concept of non-violence and peace is based and to explore their usefulness in the administration of justice in modern India.

(xxvii) to publish research studies, treatises, books, periodicals, reports and other literature relating to law and other fields;

(xxviii)to establish and maintain within the University premises or elsewhere, such class rooms and study halls as the University premises or elsewhere, such class rooms and study halls as the University may consider necessary and adequately furnish the same and to establish and maintain such libraries and reading rooms as may appear convenient or necessary for the University,

(xxix) to receive grants .subventions, subscriptions, donations and gifts for the purpose of University consistent with the objects for which the University is established;

(xxx) 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 and on such terms and conditions as it may think fit and proper, and to construct or alter and maintain any such building or works;

(xxxi) 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 think tit and proper without prejudice to the interest and activities of the University;

(xxxii) to draw and accept, to make and endorse to discount and negotiate promissory notes, Bills of exchange or other negotiable instrument.

(xxxiii) to execute conveyance, transfers, reconvenes, mortgages, leases, licenses 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,;

(xxxiv) to appoint, in order to execute an instrument or transact any business of the University, any person as it may deem fit;

(xxxv) to enter into any agreement with the Central Government, State Government, the University Grant Commission or other persons and Societies for receiving grants;

(xxxvi) to accept grants of money, Securities or property of any kind on such terms as it may deem expedient.

(xxxvii) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or Securities founded or based upon all or any of the properties and assets of the University or without any Securities and the University and aid in establishment and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money and to repay and redeem any money borrowed.

(xxxviii) to invest the funds of the University or money 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.

(xxxix) 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;

(xl) to make provisions for pension, Insurance, provident fund and gratuity for the benefit of the academic, technical administrative, ministerial and other staff, in such manner and subject to such conditions as may be prescribed by the regulations, 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 the establishment and support of the association, Institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University;

(xli) to delegate all or any of its powers to the Vice-Chancellor of the University or any committee or to any one or more members of its body or its officers; and

(xlii) to do all such other Acts and things as the University may consider necessary conducive or incidental to the attainment or enlargement of the aforesaid objects or any one of them.

Section 6.Teaching of the University:

(i) All recognized teaching in connection with the degree, diplomas and certificates of the University shall be conducted, under the administrative control of the Executive Council, by the teachers of the University in accordance with the syllabus prescribed by the Executive Council by regulations.

(ii) The courses and curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed by the regulations.

Section 7.Rector of the University:

The Governor of the State of Jharkhand shall be the Rector of the University.

Section 8.Visitor of the University:

The Chief Justice of India or the person nominated by him shall be the Visitor of the University.

Section 9.Chancellor of the University:

(i) The Chief Justice of the Jharkhand High Court shall be the Chancellor of the University,

(ii) The Chancellor shall appoint the Vice-Chancellor of the University in accordance with the procedure prescribed in the Statute of the University in this regard.

(iii) An appeal against the orders of the Vice-Chancellor shall lie with the Chancellor,

Section 10.The powers of the Rector:

(i) The Rector shall have the power to call for report of any matter pertaining to the affairs of the University.

Section 11.The Powers of the Visitor :

(i) The Visitor of the University when present shall preside over the Convocation of the University and the meeting of the General Council and shall also exercise such power as has been conferred upon him by this Act. In case the Visitor is unable to be present for the convocation he may request the Rector to preside over the convocation.

(ii) The Visitor shall have the power to call for the report of any matter pertaining to the affairs of the University.

Section 12.The Powers of the Chancellor of the University.

(1) The Chancellor shall have the following powers, namely:-

(a) to give direction, take action, or do anything as required under the provisions of this Act and the Statute in the administrative or academic interest of the University which he considers to be necessary.

(b) to cause an inspection by such person, as he may direct, of any work, activity or examination of the University, college, or Regional centers;

(c) to give his views or advice to the Vice-Chancellor in the matters wherein an inspection or inquiry has been made under clause (b)

(2) Where the Chancellor of the University under clause (b) of sub-section (I) has ordered an inspection or inquiry, the University may depute one of its officers to represent in such inspection or inquiry.

(3) The Chancellor shall communicate the result of the Inspection or inquiry and his advice to the Vice-Chancellor.

(4) The result and the advice referred to in sub-section (3) shall be communicated by the Vice-Chancellor to the Executive Council with his comments for such action as the Executive Council may propose to take and the action so taken shall be communicated to the Chancellor, as the case may be, through the Vice-Chancellor.

(5) Where the Executive Council does not, within reasonable time, take action to the satisfaction of the Chancellor, the Chancellor after considering any explanation furnished or representation made by the Executive Council issue such directions as he may think fit and the Executive Council shall comply with such directions.

Section 13.Authorities of the University - the following shall be the authorities of the University, namely,

(i) the General Council,

(ii) the Executive Council

(iii) the Academic Council

(iv) the Finance Committee,

(v) the Academic Planning and development Board

(vi) Such other authorities as may be prescribed by the Regulations.

Section 14.The General Council:-

(i) The General Council shall be the supreme body of the University.

(ii) The powers and the functions of the General Council shall be such as are given under the Statutes.

Section 15.The Executive Council:-

(i) The Executive Council shall be the Chief Executive body of the university and shall control and administer the property and funds of the University,

(ii) The composition of the executive Council shall be such as is specified in the Schedule.

Section 16.The Academic Council:-

(i) 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 standard of instruction, 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. It shall have the right to advise the Executive Council on all academic matters.

(ii) The Academic Council shall have the power to propose regulations on all the matters specified in clause 15 of the Schedule and matter incidental and related thereto.

Section 17.The Academic Planning and Development Board

(i) The Academic Planning and Development Board shall consist of the following:

(a) A sitting or a retired judge of the Supreme Court of India or any High Court, as may be nominated by the visitor,

(b) The vice-Chancellor who shall be the Chairman,

(c) Two Directors/Vice-Chancellors of Universities located in Jharkhand by the Chancellor in consultation with the vice Chancellor;

(d) Six eminent Academicians from the field of law, Social Sciences, Physical and Natural Sciences, Medicine, engineering and management nominated by the Chancellor.

(e) Advocate General of the State

(f) Secretary of higher education's department

(g) The chairman of Jharkhand State Bar Council.

(h) One Member of Jharkhand Chambers of Commerce and industry.

(ii) The Academic Planning and Development Board shall meet at least once in a year and develop plans on the future programmes of the University and recommend the same for the consideration of the Academic Council and Executive Council. It shall also recommend long term plans on different activities of the University as and when found necessary.

Section 18.Officers of the University- The following shall be the officers of the University; namely-

(a) The Vice-Chancellor

(b) The Registrar

(d) The Finance Officer

(e) The Controller of Examinations, and

(f) Such other officers as may be prescribed by the regulation

Section 19.Statutes:

(i) The Statute of the University shall contain such instruction, direction, procedures and details as are necessary to be laid down under and in accordance with the provisions of this Ordinance.

(ii) The Statute as contained in the schedule to this Ordinance as amended from time to time, shall be binding on all authorities, officers, teachers and employees of the University and persons connected with the University.

(iii) General Council on its own or on the recommendation of the Executive Council shall have all powers to make any amendments in the Statute contained in the schedule to this Act. Provided that the General Council shall not amend Statute affecting the constitution status or power of any authority of the University without affording to such authority a reasonable opportunity of making a representation on the proposed changes.

(iv) Any amendment to the Statute, whether by adding, deleting or in any other manner, shall not take effect unless the Chancellor and the State Government assented to it. The Chancellor may after the said consultation and on being satisfied that assent be not given, withhold assent or return the proposal for amendment to the Executive Council for reconsideration in the light of observation, if any, made by him.

(v) Notwithstanding anything contained in sub-section (iii) or sub-section (iv) the Chancellor shall have power to amend, after consultation with the State Government, whether by adding, deleting, or in any other manner, the Statutes contained in the Schedule.

(vi) An amendment to the Statutes shall come into force on the date of its publication in the Official Gazette.

Section 20.Ordinances of the University-

(i) Subject to the provisions of this Act and the Statute contained in the Schedule, as amended from time to time, the Ordinances of the University may be made by the Executive Council for any or any of the following matters, namely: -

(a) the courses of study, admission of students , fees, qualifications requisite for any degree, diploma or certificate and grant of fellowship;

(b) the conduct of examination including the appointments of the examiners and their terms and conditions.

(c) Management of colleges, institutions, research bodies and other agencies admitted to the privileges of the University and

(d) Any other matter required by the Statute to be dealt by Ordinances of the University

(ii) The first Ordinance of the University shall, as soon as may be, after the commencement of this Act, be made by the Vice-Chancellor with prior approval of the State Government and of the Chancellor of the University and may be amended at any time in the manner, as provided under this Act or as may be specified in the Statutes.

(iii) Save as otherwise provided in sub-section (ii) no Ordinances concerning scheme of Examination, attendance and appointments of examiners shall be considered by the Executive Council unless draft of such Ordinance has been proposed by the Academic Council.

(iv) The Executive Council shall not amend the draft of the Ordinance proposed by the Academic Council unless the Academic Council consents to said amendment but the Executive Council shall have power to reject or return the draft to the Academic Council for reconsideration either in whole or in part, together with any amendment, which the Executive Council may suggest.

(v) (a) The draft Ordinance made by the Executive Council shall be submitted to the General Council and shall be considered by the General Council at its next meeting and shall come into effect from the date on which the General Council approves the same by resolution ;

(b) The General Council shall have power by resolution passed by a majority of not less then two-third of the members present and voting, to cancel any Ordinance made by the Executive Council and such Ordinance shall, from the date of such resolution, be void.

Section 21.Regulations:-

Subject to the provisions of this Act. the Executive Council shall have, in addition to all the other powers vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University;

Provided that the Executive Council shall not make any regulation affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing in writing on proposed changes and any opinion expressed is considered by the Executive Council.

Provided further that except with the prior concurrence of the Academic Council the Executive Council shall not make, amend or repeal any regulation affecting any or all of the following matters, namely;

(a) the constitution, powers and duties of the Academic Council;

(b) the persons responsible for organizing teaching in connection with the courses of study and related academic programme;

(d) the establishment and abolition of facilities, departments, hall and institution,

(e) the institution of fellowships, scholarships, studentship medals and prizes;

(f) Conditions and modes of appointment of examiners or conduct of or standard of examinations or any other course of study,

(g) Mode of enrollment or admission of students and;

(h) Examinations to be recognized as equivalent to University examinations.

Section 22.Power of authorities to make regulations.

In the manner prescribed by the Statute, for the conduct of its affairs and the affairs of the committees constituted by such authority. Such regulations shall not be inconsistent with the provisions of this Ordinance. Statute and the ordinances of the University.

Section 23.Appointment of a University Review Commission

(i) The Chancellor shall at least once in every five year or as and when required, constitute a commission to review the working of the University and to make recommendations.

(ii) The Commission shall consist of not less than three eminent educationists, one of whom shall be the chairman of such commission appointed by the Chancellor in consultation with the State Government

(lii) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine,

(iv) The Commission shall after holding such inquiries as it deems fit, make its recommendation to the Chancellor.

(v) The Chancellor may in consultation with the State Government take such action, as he deems fit on the Review Commission report for the working and development of the University.

Section 24.Action not to be invalidated merely on the ground of defect in the constitution, vacancy etc/Not withstanding that :-

(i) The General Council, the Executive Council, the Academic Council or any other authority or body of the University is not duly constituted or there is a defect in its constitution or reconstitution at any time and

(ii) there is a vacancy in the membership of any such authority or body, no Ordinance or rule or proceedings of such authority or body shall be invalidated an any such ground or grounds. No act or rule or proceedings of such authority or body shall be invalidated on any such ground or grounds.

Section 25.Removal of difficulties at the commencement:-

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 Ordinance and the Regulation, the Chancellor may , at any time, before all authorities of the University have been constituted by order make any appointment or do anything consistent in so far as may be, with the provisions of this Ordinance and the Regulations, which appear to him 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 Ordinance and regulations.

Provided that before making any such order, the Chancellor shall ascertain and con-sider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been constituted.