DR. BHIMRAO AMBEDKAR LAW UNIVERSITY, JAIPUR ACT, 2019
[Received the assent of the Governor on the 26th day of February, 2019]
An Act:
to establish and incorporate Dr. Bhimrao Ambedkar Law University at Jaipur in the State of Rajasthan and to provide for the matters connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Seventieth Year of the Republic of India, as follows:-
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
(a) "Academic Council" means the Academic Council of the University as constituted under section 22.
(b) "Affiliated College" means an educational institution admitted to the privileges of the University.
(c) "Autonomous College" means an educational institution declared as such under the provisions of this Act.
(d) "Board" means the Board of Management of the University constituted under section 20.
(e) "Comptroller" means the Finance officer of the University appointed under section 15.
(f) "Constituent college" means a college maintained by the University.
(g) "Faculty" means a Faculty of the University.
(h) "Finance Committee" means the Finance Committee of the University constituted under section 26.
(
(2) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which may vest in or be acquired by it for the purposes of the University, and to contract and do all other things necessary for the purposes of this Act:
Provided that no such lease, sale, transfer or disposal of such property shall be made without the prior approval of the State Government.
(2) The State Government may, by order in writing:
(a) require any institute, institution or college within the territorial limits of the University to terminate, with effect from such date as may be specified in the order, its association with, or its admission to the privileges of any other University incorporated by law to such extent as may be considered necessary and proper.
(b) exclude, to such extent as may be considered necessary and proper, from association with, or from admission to the privileges of the Univ
(i) making provision for imparting legal education in different branches of learning.
(ii) furthering the prosecution of research in all branches of legal education.
(2) Nothing contained in sub-section (1) shall require the University:
(a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard.
(b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction.
(c) to admit any person or retain any student whose conduct is prejudicial to the interests or discipline of the University or the rights and privileges of other students and employees.
(d) to admit to any course of study students larger in number than those prescribed.
(3) Subject to the provisions of sub-section (2), reservation of seats in
(a) to provide for instruction in various branches of legal learning as the University may deem fit.
(b) to make provision for research and advancement of knowledge and dissemination of the findings of research and knowledge.
(c) to institute and confer degrees, diplomas and other academic distinction.
(d) to confer honorary degrees or other distinctions.
(e) to admit colleges, institutions and institutes not maintained by the University, to the privileges of the University, and to withdraw all or any of these privileges.
(f) to confer autonomous status on a college, institution or department, as the case may be, subject to such conditions as may be laid down in this Act or as may be prescribed by the Statutes and to withdraw the autonomy.
(g
(2) The Chancellor shall be the Head of the University and shall, when present, preside at the convocations thereof and confer degrees, diplomas or other academic distinctions upon persons entitled to receive them.
(3) The Chancellor may of his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceeding to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision taken or order made therein; and if in any case, it appears to the Chancellor that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly:
Provided that every application to the Chancellor for the exercise of the powers under
(a) of the University, its buildings, laboratories, libraries, museums, workshops and equipments.
(b) of any college, institution or hostel maintained by the University.
(c) of the teaching and other work conducted or done by the University.
(d) of the conduct of any examination held by the University.
(2) The Chancellor shall also have the right to cause an inquiry to be made by such person or persons as he may direct in respect of any matter connected with the University.
(3) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented at such inspection or inquiry.
(4) T
(a) Officers of the University:
(i) the Vice-Chancellor.
(ii) the Registrar.
(iii) the Comptroller.
(iv) the Estate Officer.
(v) the Dean of Student Welfare.
(vi) the Deans of Faculties.
(vii) such other persons in the service of the University as may be declared by the Statutes to be the officers of the University.
(b) Authorities of the University:
(i) the Board of Management.
(ii) the Academic Council.
(iii) the Faculties.
(iv) the Board of Studies.
(v) the Finance Committee.
(vi) such other authorities as may be declared by the Statutes to be the authoritie
(2) No person shall be eligible to be appointed as Vice-Chancellor unless he is, a distinguished academician having a minimum of ten years experience as Professor in a University or college or ten years experience in an equivalent position in a reputed research and/or academic administrative organization and, of highest level of competence, integrity, morals and institutional commitment.
(3) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government from amongst the persons included in the panel recommended by the Search Committee consisting of:
(a) one person nominated by the Board.
(b) one person nominated by the Chairman, University Grants Commission.
(c) one person nominated by the Chancellor.
(d) one person nomin
Provided that the Chancellor may, at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry:
Provided further that no order shall be made by the Chancellor unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
(2) During the pendency or in contemplation, of any inquiry referred to in sub-section (1) the Chancellor may order that till further order:
(a
(2) The Vice-Chancellor shall be ex-officio Chairman of the Board and Academic Council.
(3) The Vice-Chancellor shall be responsible for presenting to the Board for its deliberations and consideration matters of concern to the University. He shall have power to convene the meetings of the Board and the Academic Council and such other authorities and bodies as may be prescribed.
(4) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.
(5) The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes, Ordinances and Regulations and shall po
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the Registrar shall be appointed by the State Government on deputation from amongst the officers of the Rajasthan Administrative Service (not below Selection Scale).
(3) The Registrar shall be the ex-officio Secretary to the Board, the Academic Council and any other authority declared by the Statutes to be the Authority of the University.
(4) It shall be the duty of the Registrar:
(a) to be the custodian of the records, the Common Seal and such other properties of the University as the Board shall commit to his charge.
(b) to issue all notices convening meetings of the Board, the Academic
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the Comptroller shall be appointed by the State Government on deputation from amongst the officers of the Rajasthan Accounts Service (not below selection scale).
(3) The Comptroller shall be the ex-officio Member-Secretary to the Finance Committee.
(4) The Comptroller shall:
(a) exercise general supervision over the funds of the University and shall advise the University as regards its financial policy.
(b) to manage the property and investments of the University including trust and endowed property in accordance with the decision of the Finance Committee and the Board.
(c) exer
(a) the Estate Officer.
(b) the Dean of Student Welfare.
(2) The Estate Officer shall be in-charge of all the buildings, lawns, gardens and other immovable property of the University.
(3) The Dean of Student Welfare shall have the following duties:-
(a) to make arrangements of the housing of students.
(b) to direct a programme of students counseling.
(c) to arrange for employment of students in accordance with plans approved by the Vice-Chancellor.
(d) to supervise the extra-curricular activities of the students.
(e) to assist in the placement of the graduates of the University.
(f) to organize and maintain contact with the alumni of the University.
(2) The Deans of faculties shall be appointed by the Vice-Chancellor in a manner as may be prescribed.
(3) The Deans shall perform such functions as may be prescribed by the Statutes.
The mode of appointment and the functions of other officers mentioned in clause (a) of section 10 and of the employees of the University shall be as provided in this Act or as prescribed by Statutes, Ordinances and Regulations.
No officer or employee of the University shall be offered nor shall he accept any remuneration for any work in the University save as may be provided for in the Statutes.
(I) the Vice-Chancellor of the University-Chairman.
(II) Ex-officio Members:
(i) the Secretary in charge of Finance Department, or his nominee not below the rank of Deputy Secretary to Government.
(ii) the Secretary in charge of Higher Education Department, or his nominee not below the rank of Deputy Secretary to Government.
(iii) the Secretary in charge of Law Department, or his nominee not below the rank of Deputy Secretary to Government.
(iv) the Commissioner/Director, as the case may be, College Education, Rajasthan.
(v) the Registrar of the University, Member-Secretary.
Explanation - For the purpose of this clause "Secretary in charge" means the Secretary in charge o
(a) to approve and sanction the budget of the University.
(b) to acquire, to dispose of, to hold and to control the property and funds of the University and issue any general or special direction on behalf of the University.
(c) to accept the transfer of any movable or immovable property on behalf of the University.
(d) to administer any funds placed at the disposal of the University for the specific purposes.
(e) to invest money belonging to the University.
(f) to appoint the members of the academic, administrative and other staff of the University in such manner as may be prescribed.
(g) to direct the form and use of the Common Seal of the University.
(h) to appoint such committees, either standing or temporary, as it deems neces
(a) the Vice-Chancellor-Ex-officio Chairman.
(b) Deans of Faculties.
(c) one Professor from each faculty to be nominated by the Vice-Chancellor.
(d) one Principal of a constituent college to be nominated by the Vice-Chancellor.
(e) the Secretary in charge of Higher Education Department or his nominee not below the rank of a Deputy Secretary to the Government.
(f) Commissioner/Director, as the case may be, College Education, Rajasthan.
(g) Chairmen, Boards of Studies.
(h) two Principals of affiliated colleges, one from Government Colleges and another from Private Colleges, to be nominated by the State Government.
(i) two persons having special attainment in the fie
(2) The Academic Council shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and shall advise the Vice-Chancellor on all academic matters.
(2) Each faculty shall consist of the following:-
(a) Dean of the Faculty - Chairman;
(b) University professors of the subjects assigned to the Faculty.
(c) Chairmen of the Boards of Studies in the Faculty.
(d) one Post-graduate College Principal and one Post-graduate Department Head in each subject of the Faculty from affiliated colleges, nominated by the State Government.
(e) two External experts nominated by the Academic Council.
(3) Faculty shall perform such functions as may be prescribed by the Statutes.
A Board of Studies shall be constituted in the manner, consist of such members, exercise such powers and perform such functions as may be prescribed.
(a) the Vice-Chancellor, who shall be the Chairman of the Committee.
(b) the Secretary in charge of Finance Department, or his nominee not below the rank of Deputy Secretary to Government.
(c) the Secretary in charge of Higher Education Department, or his nominee not below the rank of Deputy Secretary to Government.
(d) one member of the Board, to be nominated by the Board from amongst its non-official members.
(e) two professors, by rotation, to be nominated by the Board.
(f) the Comptroller, who shall be the Member-Secretary of the Committee.
Explanation - For the purpose of clauses (b) and (c) "Secretary in charge" means the Secretary in charge of the Department and includes an Additional Chief Secretary and Principal Secretary when he
(i) to examine the annual accounts and annual budget estimates of the University and to advise the Board thereon.
(ii) to review from time to time the financial position of the University.
(iii) to make recommendations to the Board on all financial policy matters of the University.
(iv) to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure.
(v) to provide guidelines for investment of surplus funds.
(vi) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred.
(vii) to examine al
(2) The authorities responsible for organizing such teaching shall be such as may be prescribed.
(3) The courses of study and curricula shall be such as may be prescribed by Ordinances and subject thereto, by the Regulations.
(2) Except in cases provided for by the Statutes, teachers and officers of the University shall be appointed under a written contract. The contract shall be lodged with the Vice-Chancellor and a copy thereof shall be furnished to the teacher or officer concerned. The contract shall not be inconsistent with the provisions of this Act and the Statutes for the time being in force in relation to the conditions of service.
Subject to any provision in the Statutes to the contrary or any directions or policy of the State Government in this regard, all the employees of the University shall ordinarily retire from service upon attaining the age of sixty years.
(2) The provisions of the Provident Funds Act, 1925 (Central Act No. 19 of 1925), shall apply to a fund or an insurance scheme as if it were a State Government fund or scheme and the University shall contribute to or invest in such fund or scheme.
(3) Provision shall be made in the Statutes to ensure that staff members transferred from employment in the service of the State shall have their accrued service benefits protected upon such transfer.
(2) The Board shall for the purpose of satisfying itself about the standards of education in such a college, institution or department may direct an enquiry to be made in the prescribed manner by a standing committee consisting of such persons as are deemed fit.
(3) On receipt of the report of the said committee and the recommendations of the Academic Council thereon, the Board on being satisfied, shall refer the matter to the University Grants Commission and the State Government to obtain their concurrence.
(4) On receipt of such concurrence, the University shall confer th
(2) Before an order under sub-section (1) is made, the Board shall, by one month's notice in writing, call upon the college, institution or department to show cause why such an order should not be made.
(3) On receipt of the explanation, if any, made by the college, institution or department in reply to the notice, the Board shall, after consulting the Academic Council and the University Grants Commission report the matter to the State Government.
(4) The State Government shall, after such further enquiry, if any, as may be deemed fit, record its opinion in the matter and convey its decision to the University and the U
(2) The following moneys shall form part of and be paid into, the University fund, namely:-
(a) any contribution or grant by the State Government.
(b) income arising to the University from all sources including income from fees and charges.
(c) trusts, bequests, donations, endowments and other grants, if any.
(d) such other money as may be prescribed by the Statutes.
(3) The matters to which the fund may be applied and appropriated shall be those prescribed by this Act or the Statutes.
(4) All expenses incurred under and in pursuance of any provision contained in this Act shall be met out of the University fund.
(5) The University shall have power to borrow, on the security of the University
(2) The Comptroller shall, before such date as may be prescribed by the Statutes, prepare the annual financial estimates for the ensuing year.
(3) The annual accounts and the annual financial estimates prepared by the Comptroller shall be placed before the Board together with the remarks of the Finance Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Comptroller who shall take action in accordance therewith.
(4) The annual accounts shall be audited in the prescribed manner by such auditors as the State Government may direct and the cost of such audit shall
(a) creation of the new posts of teachers, officers or other employees.
(b) revision of the pay, allowances, post-retirement benefits and other benefits to its teachers, officers and other employees.
(c) grant of any additional/special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees.
(d) diversion of any earmarked funds other than the purpose for which it was received.
(e) transfer by sale, lease, mortgage or otherwise of immovable property.
(2) If the State Government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.
(2) A person who holds any office in the University by virtue of his holding any other office of the University or otherwise shall hold such office as long as he holds the other office and thereafter till his successor is duly nominated, appointed or elected, as the case may be.
(3) The Board may remove any person not being an officer of the University from membership of any authority or body or any employee of the Univers
No act or proceeding of any authority or body of the University shall be invalidated by reason of the existence of a vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.
Where any provision of this Act or of the Statutes, Ordinances or Regulations refer to an officer of the State Government by designation, then if that designation is altered or that office ceases to exist, the reference shall be construed as a reference to the altered designation, or as the case may be, to such corresponding officer as the State Government directs.
Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and, the University shall, if such information is available with it, furnish the State Government with such information within a reasonable period.
The Annual Report of the University shall be prepared under the direction of the Vice-Chancellor and circulated among the members of the Board one month before the annual meeting of the Board at which it is to be considered. The Annual Report, as approved by the Board, shall be sent to the State Government for being laid on the table of the House of the State Legislature.
(a) the constitution, powers and duties of the authorities of the University.
(b) the appointment, nomination or election and continuance in office of the members of the authorities of the University and all other matters relating to these authorities for which it may be necessary or desirable to provide.
(c) the designation, manner of appointment, powers, duties and service conditions of the officers of the University.
(d) the classification and manner of appointment of teachers and their service conditions and qualifications.
(e) the constitution of pension, gratuity, insurance and provident funds for the benefit of officers, teachers and other employees of the University.
(f) the conferment of honora
(2) The Board may take into consideration the draft of a Statute either at its own motion or on a proposal by any authority of the University.
(3) The Board, if it thinks necessary, may also obtain the opinion of any officer, authority or body of the University in regard to any draft Statute, which is before it for consideration.
(4) Every Statute passed by the Board shall be submitted to the Chancellor who may give or withhold his assent thereto or send it back to the Board for reconsideration.
(5) No Statute passed by the Board shall be valid or shall come into force until assented to by the Chancellor.
(6) Notwithstanding anything contained in the foregoing sub-section, the Chancellor may, either suo-motu or on the advice of the State Government, direct t
(a) the courses of study, admission or enrolment of students, fee, qualifications or conditions requisite for any degree, diploma, certificate or fellowship.
(b) the conduct of examinations including the appointments of examiners and their terms and conditions.
(c) the conditions for residing in any hostel or other place of residence run or maintained by the University, the levying of charges therefor and other related matters.
(d) the recognition and supervision of hostels not run or maintained by the University.
(e) any other matter required by this Act or the Statutes to be dealt by or under the Ordinances of the University.
(2) No Ordinances concerning the academic matter shall be made by the Board unless a draft thereof has been proposed by the Academic Council.
(3) The Board shall not have the power to amend any draft proposed by the Academic Council under sub-section (2), but may reject or return it to the Academic Council for reconsideration, in part or in whole, together with any amendments which the Board may suggest.
(4) All Ordinances made by the Board shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks. The Chancellor shall have the power to direct the Board, within four weeks of the receipt of the Ordinance to suspend its operation, and he shall, as soon as possible, inform the Board of his objection to it. He may after receiving the comments
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum.
(b) providing for all matters which by this Act and the Statutes or Ordinances are to be provided for by that authority by the Regulations.
(c) providing for any other matter solely concerning such authority and not provided for by this Act and the Statutes or Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted thereat and for the keeping of a record of the proceeding of meetings.
(3) The Board may direct the amendment, in such manner as it may specify, of any Regulations made u
The Board may, by, Statute delegate to any officer or authority any of the powers conferred upon it by this Act, to be exercised subject to such restrictions and conditions as may be prescribed.
(a) any officer, teacher, employee or servant.
(b) any movable or immovable property situated in the jurisdictional area of this University or any rights or interest therein.
(c) any fund, grant, contribution, donation, aid or benefaction received, accrued or promised, from the University of Rajasthan or any other University to this University on such terms and conditions as may be specified in the orders.
(2) All notices and orders, made or issued by any authority under the University of Rajasthan Act, 1946 shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or issued by the corresponding authority under this Act and shall continue to be in force until they are superseded or modified under this Act.
(2) The Vice-Chancellor may make temporary appointments subject to the approval of the Board at its next meeting, following the making of such appointment.
The Board shall have the authority to deal with any matter pertaining to the University and not specifically dealt with in this Act. The decision of the Board on all such matters shall, subject to revision by the Chancellor, be final and shall not be liable to be challenged in any Court or Tribunal.
(a) direct that this Act shall during such period as may be specified in the order take effect subject to such adaptations whether by way of modification, addition or omission consistent with this Act, as it may deem fit to be necessary or expedient.
(b) give such directions as appear to it to be necessary for the removal of such difficulties that may arise in giving effect to the provisions of this Act.
(c) make such other temporary provisions for the purpose of removing any such difficulties as it may deem fit to be necessary or expedient:
Provided that no such order shall be made after twelve months from the date of the commencement of this Act.
(2) All orders made under sub-section (1) s
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