National Law University Orissa Act, 2008
(1) This Act may be called the National Law University Orissa Act, 2008.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,-
(a) "Academic Council" means the Academic Council of the University;
(b) "Bar Council of India" means the Bar Council of India constituted under the Advocates Act, 1961;
(c) "Chancellor" means the Chancellor of the University;
(d) "Executive Council" means the Executive Council of the University;
(e) "General Council" means the General Council of the University;
(f) "Ordinance" means Ordinance of the University made by the Executive Council;
(g) "Registrar" means the Registrar of the University;
(h) "Regulations" means t
(1) With effect from such date as the State Government may, by notification, appoint, there shall be established in the State of Orissa a University by the name of "National Law University, Orissa", which shall consist of the Chancellor, Vice-Chancellor, the General Council, the Executive Council, the Academic Council and the Registrar.
(2) The University shall be a body corporate by the name aforesaid having perpetual succession and common seal with power and subject to the provisions of this Act, the University shall be competent to acquire and hold property, to contract and shall by the said name, sue and be sued.
(3) 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
(1) The objects of the University shall be,-
(a) to design and run regular and periodical courses of learning for dissemination of knowledge, advanced learning in legal subjects and issues of law and other related disciplines with a view to meaningfully integrate, support and enhance professional knowledge of law and so also to appreciate the role of rule of law in national growth and development;
(b) to develop in the students and scholars social and scientific research skills for enhancing a sense of responsibility to serve society as a professional and also develop professionals skills of advocacy, judicial and other legal services, legislation, law reformers and the like;
(c) to advance the professional education in convergence with knowledge of other related disciplines so as to provide a
The powers and functions of the University shall be,-
(a) to administer and manage the University and such centres for research, education, instructions in on-line systems of distant learning and instructions as are necessary for the furtherance of the objects of the University;
(b) 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;
(c) to organized and undertake extramural teaching and extension services;
(d) 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 deter
(1) All recognized teaching in connection with the degrees, 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 curricula, prescribed by the Executive Council by regulation in consultation with the Academic Council.
(2) The courses and curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed by the regulations.
(1) The Chief Justice of the Supreme Court of India, or his nominee from among the sitting Judges of the Supreme Court of India, shall be the Visitor of the University.
(2) The Visitor shall preside over the convocation of the University.
(3) The visitor shall have the right to call for the report on any matter pertaining to the affairs of the University.
(1) The Chief Justice of the High Court of Orissa shall be the Chancellor of the University.
(2) The Chancellor shall appoint Vice-Chancellor of the University in accordance with the procedure prescrived in the Schedule.
(1) The Chancellor and the Visitor shall have the powers -
(a) to give direction, take action, or do anything as required under the provisions of this Act and the Statutes;
(b) to cause an inspection by such person, as he may direct, of any work, activity or examination of the University, centers of research, or Regional centers; and
(c) to give his views or advice to the Vice-Chancellor in the matters wherein an inspection has been made under clasue (b).
(2) Where either the Visitor or the Chancellor of the University under Clause (b) of Sub-section (1) has ordered an inspection, the University may depute one of its officers to represent it in such inspection.
(3) The Chancellor or the Visitor shall co
The following shall be the authorities of the University, namely :
(a) The General Council;
(b) The Executive Council;
(c) The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be prescribed by the regulations.
(1) The General Council shall be the highest body of the University.
(2) The composition of the General Council and its powers and the functions shall be such as are prescribed in the Schedule.
(1) The Executive Council shall be the Chief Executive body of the University.
(2) The administration, management and control of the University shall be vested with the Executive Council, which shall control and administer the property and funds of the University.
(3) The composition of the Executive Council and its powers and functions shall be such as are prescribed in the Schedule.
(1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and regulations, have power of control and general regulations, and be responsible for the maintenance of standards 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.
(2) The Academic Council shall have the right to advice the Executive Council on all academic matters.
(3) The Academic Council shall have the power to propose regulations on all the matters specified under Clause 14 of the Schedule and matter incidental and related thereto.
(4) The composition of the Academic Council shall be such as has been prescribed in the Sche
(1) The Finance Committee shall be the recommending body on all matters of financial and accounts of the University.
(2) The composition of the Finance Committee and its powers and functions shall be such as are prescribed in the Schedule.
The following shall be the officers of the University, namely :
(a) the Vice-Chancellor;
(b) the Registrar;
(c) the Finance Officer;
(d) the Controller of Examinations; and
(e) such other officers as may be prescribed by regulations.
(1) The Statutes of the University specified in the Schedule shall contain provisions regarding constitution and functions of various bodies of the University, appointments and terms of appointment, conditions of service and powers of various university officials and constitution of the Fund of the University and its deployment.
(2) The Statutes as contained in the Schedule, 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.
(3) The Executive Council shall have powers to make any amendment in the statutes contained in the Schedule;
Provided that the Executive Council shall not amend any provision of the Statutes affecting the constitution, status or power of any authority of the Uni
(1) Subject to the provisions of this Act and the Statutes contained in the Schedule, as amended from time to time, the Ordinances of the University may be made by the Executive Council for all or any of the following matters, namely :
(a) the courses of study, admission of students, fees, qualifications requisite for any degree, diploma or certificates and grant of fellowship;
(b) the conduct of examination including the appointment of the examiners and their terms and conditions;
(c) management of the colleges, institutions, research bodies and other agencies admitted to the privileges of the University; and
(d) any other matter required by the Statutes to be dealt by Ordinances of the University.
(2)
(1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all 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, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so 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 a
An authority of the University shall have the power to make regulations, not inconsistent with the provisions of this Act, Statutes and the Ordinances of the University, in the manner prescribed in the Schedule for the conduct of its affairs and the affairs of the committees constituted by such authority.
(1) The Chancellor shall, at least once in every five years or as and when required, constitute a Commission to review the working of the University and to make recommendations.
(2) 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.
(3) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine.
(4) The Commission shall, after holding such inquiry as it deems fit, make its recommendation to the Chancellor.
(5) The Chancellor may, in consultation with the State Government, take such action, as he deems fit, on the recommendation made by the Commission for
Notwithstanding that, -
(a) the General Council, the Executive Council, the Academic Councillor 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; or
(b) there is a vacancy in the membership of any such authority or body,
no act or resolution or proceedings of such authority or body shall be invalidated on any such ground or grounds.
If any difficulty arises with respect of 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 Chancellor 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 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 Act and the regulations :
Provided that before making any such order, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been cons
Notwithstanding anything in this Act and the regulations, the Vice-Chancellor may, with the previous approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations and for that purpose may exercise any powers or perform any duties, which by this Act and the regulations are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and the regulations.
The authorities of the University and their composition, powers, functions and other matters relating to them and the officers of University and their appointment, powers, functions and other matters relating to them and all other matters relating to the finances, powers, teaching, administration and management of the affairs of the University shall be governed by the provisions as specified in the Schedule and subject to the provisions of this Act shall also be governed by the regulations as may be made under the provisions of this Act.
No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from, the University, the Chancellor, the Vice-Chancellor, the authorities or officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any regulations made thereunder.
Provisions of this Act and any regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
SCHEDULE
[See Section 16]
STATUTES
GENERAL COUNCIL
1. Membership of General Council - (1) There shall be a General Council of the University which shall consist of the following members, namely :
(a) the Chancellor;
(b) the Attorney-General of India;
(c) the Chairperson of the University Grants Commission or his nominee not below the rank of Deputy Chairman of the Commission;
(d) Advocate General, Orissa;
(e) Chairman, Orissa State Bar Council;
(f) all Professors of the University;
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