NATIONAL LAW SCHOOL OF INDIA ACT, 1986
22 of 1986
March 18, 1986
STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 22 OF 1986 Karnataka Gazette, Extraordinary, dated 18-3-1986 One of the functions of the Bar Council of India is promotion of legal education. To carry out that objects the Bar Council of India created a charitable trust called the Bar Council of India Trust which in turn registered a Society known as the National Law School of India Society, in Karnataka. The Society framed necessary rules to manage the National Law School of India with powers to confer degrees, diplomas, etc., and requested the State Government to assist it by establishing the School as a University by a statute so that it could carry out its objects effectively. The State Government considers it desirable to encourage the establishment of such a national level institution in the State. Hence the Bill.
An Act to establish and incorporate National Law School of India University at Bangalore. Whereas, the functions of the Bar Council of India includes the promotion of legal education; And whereas, the Bar Council of India to carry out the said function has got created a public charitable trust called the Bar Council of India Trust, the objects of which inter alia includes the establishment, maintenance and running of a model law college in India; And whereas, the Bar Council of India Trust to carry out the said objects of the Trust opened a branch office at Bangalore and registered a society named and styled as the National Law School of India Society under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) the objects of which inter alia includes the establishment, maintenance and development of a teaching and research institute of higher learning in law with powers to award degrees, diplomas and other academic distinctions called the National Law School of India in Bangalore; And whereas, in furtherance of the above object and to manage the said National Law School of India, rules were framed by the said society providing for constitution of different authorities and other matters relating to the School; And whereas, the National Law School of India Society, has requested the State Government to establish the National Law School or India University on the lines of the said rules to enable it to carry out its objects and functions effectively; And whereas, it is considered necessary to encourage the establishment of such a national level institution in the State of Karnataka; And whereas, it is deemed expedient to establish National Law School of India University for the purposes hereinafter appearing; Be enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic of India as follows.
Section 1 Short title and commencement
(1) This Act may be called the National Law School of India Act, 1986.
(2) It shall be deemed to have come into force on the Ninth day of January, 1986.
Section 2 Definitions
In this Act, unless the context otherwise requires.
(1) "Academic Council" means the Academic Council of the School;
(2) "Bar Council of India" means the Bar Council of the India constituted under the Advocates Act, 1961 (Central Act 25 of 1961);
(3) "Bar Council of India Trust" means the Bar Council of India Trust, a public charitable trust, got created by the Bar Council of India;
(4) "Chairman" means the Chairman of the General Council;
(5) "Director" means the Director of the School;
(6) "Executive Council" means the Executive Council of the School;
(7) "General Council" means the General Council of the School;
(8) "Registrar" means the Registrar of the School;
(9) "Regulations" means the regulations of the School made under Clause 31;
(10) "School" means the National Law School of India University established under Section 3;
(11) "Schedule" means the Schedule appended to this Act;
(12) "Society" means the National Law School of India Society registered under the Karnataka Societies Registrations Act, 1960 (Karnataka Act 17 of 1960); and
(13) "Visitor" means the Visitor of the School.
Section 3 Establishment and incorporation of the National Law School of India University
(1) With effect from such date as the State Government may by notification appoint there shall be established, in the State of Karnataka, a University by the name of the National Law School of India University which shall consist of the Director, the General Council, the Executive Council, the Academic Council and the Registrar.
(2) The School 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 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 School, the pleadings shall be signed and verified by the Director and all processes in such suits and proceedings shall be issued to, and served on, the Director.
(4) The headquarters of the School shall be at Bangalore.
Section 4 The objects of the School, etc.
(1) The objects of the School shall be to advance and disseminate learning and knowledge of law and legal processes and their role in national development, 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, legal services, legislation, law reforms and the like, to organise lectures, seminars, symposia and conferences to promote legal knowledge and to make law and legal processes efficient instruments of social development, to hold examinations and confer degrees 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 School.
(2) The School shall be open to all persons of either sex irrespective of race, creed, caste or class of all religions and it shall not be lawful for the School to impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or a student or to hold any office therein or to graduate thereat or to enjoy or to exercise any privilege there of.
Section 5 Powers and functions of the School
The powers and functions of the School shall be.
(i) to administer and manage the School and such centres for research, education and instruction as are necessary for the furtherance of the objects of the School;
(ii) to provide for instruction in such branches of knowledge or learning pertaining to law, as the School may think fit and to make provision for research and for the advancement and dissemination of knowledge of law;
(iii) to organise and undertake extra-mural teaching and extension services;
(iv) to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such conditions as the School may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(v) to confer honorary degrees or other distinctions 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 recognise places of residence for the students of the School and to withdraw such recognition accorded to any such place of residence;
(viii) to establish such special centres, specialised study centres or other units for research and instruction as are, in the opinion of the School, necessary for the furtherance of its objects;
(ix) to supervise and control the residence and to regulate the discipline of the students of the School and to make arrangements for promoting their health;
(x) to make such arrangements in respect of the residence, discipline and teaching of women students;
(xi) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto;
(xii) to regulate and enforce discipline among the employees of the School and to take such disciplinary measures as may be deemed necessary;
(xiii) to institute professorships, associate professorships, assistant professorships, readerships, lecturerships, and any other teaching, academic or research posts required by the School;
(xiv) to appoint persons as professors, associate professors, assistant professors, readers, lecturers or otherwise as teachers and researchers of the School;
(xv) to institute and award fellowships, scholarships, prizes and medals;
(xvi) to provide for printing, reproduction and publication of research and other works and to organise exhibitions;
(xvii) to sponsor and undertake research in all aspects of law, justice and social development;
(xviii) to co-operate with any other organisation 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 School may from time to time determine;
(xix) to co-operate with institutions of higher learning in any part of the world having objects wholly or partially similar to those of the School, by exchange of teachers and 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 School;
(xxi) to establish and maintain within the School's premises or elsewhere, such class rooms, and shady halls as the School 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 School;
(xxii) to receive grants, subventions, subscriptions, donations and gifts for the purpose of the School and consistent with the objects for which the School 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 School 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;
(xxiv) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the School, moveable or immovable, on such terms as it may think fit and proper without prejudice to the interest and activities of the School;
(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, reconveyances, mortgages, leases, licences and agreements in respect of property, moveable or immovable including Government securities belonging to the School or to be acquired for the purpose of the School;
(xxvii) to appoint in order to execute an instrument or transact any business of the School, any person as it may deem fit;
(xxviii) to give up and cease from carrying on any classes or departments of the School;
(xxix) to enter into any agreement with Central Government, State Governments, the University Grants Commission or other authorities for receiving grants;
(xxx) to accept grants of money, securities or property of any kind on such terms as may deem expedient;
(xxxi) 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 School or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the School, all expenses incidental to the raising of money, and to repay and redeem any money borrowed;
(xxxii) to invest the funds of the School or money entrusted to the School in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment;
(xxxiii) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the School and to alter, modify and to rescind them;
(xxxiv) 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 School, 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 School;
(xxxv) to delegate all or any of its powers to the Director of the School or any committee or any sub-committee or to any one or more members of its body or its officers; and
(xxxvi) to do all such other acts and things as the School 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 School
(1) All recognised teaching in connection with the degree, diplomas and certificates of the School shall be conducted, under the control of the General Council, by the teachers of the School, in accordance with the syllabus prescribed by the regulations.
(2) The courses and curricula and the authorities responsible for organising such teaching shall be as prescribed by the regulations.
Section 7 Visitor of the School
(1) A Judge nominated by the Society shall be the visitor of the School: Provided that if he gives his consent the Chief Justice of India shall be nominated as the visitor.
(2) The visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the School, its buildings, librar, ies and equipments and of any institution maintained by the School, and also of the examinations, teaching and other work conducted or done by the School and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the School.
(3) The visitor shall, in every case give notice, to the School of his intention to cause an inspection or inquiry to be made, and the School shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The visitor may address the Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the General Council the views of the visitor along with such advice as the visitor may have offered on the action to be taken thereon.
(5) The General Council shall communicate through the Director to the visitor such action, if any, as it proposes to take or has been taken on the result of such inspection or inquiry.
Section 8 Authorities of the School
The following shall be the authorities of the School.
(1) the General Council;
(2) the Executive Council;
(3) the Academic Council;
(4) the Finance Committee; and
(5) such other authorities as may be declared as such.
Section 9 The General Council
(1) The General Council shall be the 11. Substituted for the words "supreme authority" by Act No. 3 of 1993 and shall be deemed to have come into force w.e.f. 14-5-1992 [Chief Advisory Body] of the School.
Section 10 Executive Council
(1) The Executive Council shall be the chief executive body of the School.
(2) The administration, management and control of the School and the income thereof shall be vested with the Executive Council which shall control and administer the property and funds of the School.
Section 11 The Academic Council
The Academic Council shall be the academic body of the School, 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 instruction, education and examination of the School, 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.
Section 12 Officers of the School
The following shall be the officers of the School, namely.
(a) the Director;
(b) the Heads of the Departments;
(c) the Registrar; and
(d) such other officers as may be prescribed by the regulations.
Section 13 Rgulations
(1) 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 School: Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the School until such authority has been given an opportunity of expressing an opinon in writing on the proposed changes, and any opinion so expressed shall be 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 authorities responsible for organising teaching in connection with the School courses and related academic programmes;
(c) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(d) the establishment and abolition of faculties, departments, halls and institutions;
(e) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(f) conditions and modes of appointment of examiners or conduct or standard of examinations or any other course of study;
(g) mode of enrolment or admission of students;
(h) examinations to be recognised as equivalent to School examinations.
(2) The Academic Council shall have the power to propose regulations on all the matters specified in (a) to (h) above and matters incidental and related thereto in this regard.
(3) Where the Executive Council has rejected the draft of a regulation proposed by the Academic Council, the Academic Council may appeal to the visitor and the visitor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and that pending such approval of the General Council it shall have effect from such date as may be specified in that order:
Provided that if the regulation is not approved by the General Council at such meeting, it shall cease to have effect.
(4) All regulations made by the Executive Council shall be submitted, as soon as may be, for approval, to the visitor and to the General Council at its next meeting, and the General Council shall have power by a resolution passed by a majority of not less than two-thirds of the members present, to cancel any regulation made by the Executive Council and such regulations shall from the date of such resolution cease to have effect.
Section 14 Appointment of a School review commission
(1) The visitor shall atleast once in every five years constitute a commission to review the working of the School 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 visitor in consultation with the State Government.
(3) The terms and conditions of the appointment of the members shall be such as the visitor may determine.
(4) The commission shall after holding such enquiry as it deems fit, make its recommendation to the visitor.
(5) The visitor may take such action on the recommendations as he deems fit.
Section 15 Action not invalidated merely on the ground of defect in constitution, vacancy, etc.
(1) Notwithstanding that the General Council, the Executive Council, the Academic Council or any other authority or body of the School is not duly constituted or there is a defect in its constitution or re-constitution at any time and notwithstanding that there is a vacancy in the membership of any such authority or body, no Act or Rule or proceedings of such authority or body shall be invalidated on any such ground or grounds.
(2) No resolution of any authority or body of the School 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 were not prejudicially affected by such irregularity.
Section 16 Removal of difficulties at the commencement
If any difficulty arises with respect to the establishment of the School or in connection with the first meeting of any authority of the School or otherwise in first giving effect to the provisions of this Act and the regulations, the visitor may, at any time, before all authorities of the School 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 visitor shall ascertain and consider the opinion of the Director and of such appropriate authority of the School as may have been constituted.
Section 17 Transitory provisions
Notwithstanding anything in this Act, and the regulations, the Director may, with the previous approval of the visitor and subject to the availability of funds, discharge all or any of the functions of the School 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 School until such authority comes into existence as provided by this Act and the regulations.
Section 18 Authorities and officers of the School, etc
The authorities of the School and their composition, powers, functions and other matters relating to them, the officers of the School 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 School shall, subject to the provisions of this Act be as specified in the Schedule or as may be provided by the regulations.
Section 19 Indemnity
No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from, the School, the Director, the authorities or officers of the School or any other person in respect of anything which is in good faith done or purporting to have been done in pursuance of this Act or any regulations made thereunder.
Section 20 Power to amend Schedule
(1) The General Council may, with the prior approval of the visitor and the State Government, by notification, amend either prospectively, or retrospectively the Schedule.
(2) A copy of every notification made under sub-section (1) shall be laid before each House of the State Legislature, as soon as may be, after it is made.
Section 21 Act to have overriding effect
The provisions of this Act and any regulation made thereunder shall have effect notwithstanding anything in consistent 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.
Section 22 Repeal and Savings
(1) The National Law School of India Ordinance, 1986 (Karnataka Ordinance 1 of 1986) is hereby repealed and shall be deemed never to have been promulgated.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
SCHEDULE 1 SCHEDULE
recommended text books and to publish syllabus of the prescribed courses of study;
(15) to prepare such forms and registers as are, from time to time, prescribed by regulations; and
(16) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations.
15. Procedure of the Meetings of the Academic Council.
(1) The Academic Council shall meet as often as may be necessary, but not less than
two times during an academic year.
(2) One-half of the total number of members of the Academic Council shall form quorum for a meeting of the Academic Council.
(3) In case of difference of opinion among the members, the opinion of the majority shall prevail.
(4) Each member of the Academic Council, including the Chairman of the Academic Council, shall have one vote and if there shall be an equality of votes on any question to be determined by the Academic Council the Chairman of the Academic Council or as the case may be, the member presiding over the meeting, shall, in addition, have a casting vote.
(5) Every meeting of the Academic Council shall be presided over by the Chairman of the Academic Council and in his absence, by a member chosen by the meeting to preside on the occasion.
(6) If urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council may permit the business to be trans. acted by circulation of papers to the members of the Academic Council. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Council. The action so taken shall be forthwith intimated to all the members of the Academic Council. The papers
shall be placed before the next meeting of the Academic Council for confirmation.
16. Finance Committee.
(1) There shall be a Finance Committee constituted by the Executive Council consisting of the following, namely.
(a) the Treasurer of the School;
(b) the Director;
(c) three members nominated by the Executive Council from amongst its members out of whom at least one would be from the Bar Council of India and one from the Government of Karnataka.
(2) The members of the Finance Committee other than the Director, shall hold office for a term of three years.
(3) The functions and duties of the Finance Committee shall be as follows, namely.
(a) to examine and scrutinize the annual budget of the School and to make recommendations on financial matters to the Executive Council;
(b) to consider all proposals for new expenditure and to make recommendations to the Executive Council;
(c) to consider the periodical statements of accounts and to review the finances of the School from time to time and to consider expropriation statements and audit reports and to make recommendations to the Executive Council;
(d) to give its views and to make recommendations to the Executive Council on any financial question affecting the School either on its own initiative or on reference from the Executive Council or the Director.
(4) The Finance Committee shall meet at least twice every year. Three members of the Finance Committee shall form the quorum.
(5) The Treasurer shall preside over the meetings of the Finance Committee, and in his absence, the Director shall preside. In case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.
17. Selection committee.
(1) The Executive Council shall constitute selection committees for making recommendations to the Executive Council for appointment to posts of professors, associate professors and other teachers in the School.
(2) The selection committee shall consist of the following members.
(a) the Director, who shall be the Chairman of the Committee;
(b) the Chairman;
(c) the Head of the Department concerned, if any, provided he holds a post not lower
than the level of the post for which the selection is to be made;
(d) three experts for selecting Professors, Associate Professors and Assistant Professors nominated by the Director from amongst a panel of names recommended by the Academic Council and approved by the Executive Council.
(3) The meeting of the selection committee shall be convened by the Director whenever necessary. The Director shall preside over the meetings of the selection committee. Three members of whom one shall be the expert of the selection committee shall form the quorum.
18. Director.
(1) The Director of the School shall be appointed by the Executive Council in accordance with the regulations made in that behalf and in consultation with the Visitor:
Provided that the first Director shall be appointed by the Society with the approval of the Bar Council of India.
(2) Subject to the specific and general directions of the Executive Council, the Director shall exercise all powers of the Executive Council in the management and administration of the School.
(3) The Director who shall be an academic person and a Professor of Law at the School, shall hold office for a term of five years, which shall be renewable by a resolution to that effect by the Executive Council or up to the age of retirement of the members of the teaching staff, whichever is earlier. Upon the expiry of this term, he shall continue in office until his successor is appointed and enters upon his office.
(4) The Director shall.
(a) ensure that the provisions of this Act and the regulations are duly observed, and he shall have all powers as are necessary for that purpose;
(b) convene the meetings of the General Council, the Executive Council, the Academic Council and shall perform all other acts, as may be necessary to give effect to the provisions of this Act;
(c) represent the School in suits or proceedings by or against the School, sign powers of attorney and verify the pleadings or depute representatives for the purpose;
(d) have all powers relating to the proper maintenance of discipline in the School.
(5) If, in the opinion of the Director, any emergency has arisen, which requires that immediate action be taken, he shall take such action as he deems necessary and shall report the same for confirmation to the next meeting of the authority, which, in the ordinary course, would have dealt with the matter.
19. Heads of the Departments.
(1) There shall be a Head of the Department for each of the departments in the School.
(2) The powers, functions, appointments and the conditions of service of the Heads of the Departments shall be as prescribed by the regulations.
20. Registrar.
(1) The Registrar shall be appointed by the Executive Council and shall be a whole time officer of the School. The terms and conditions of service of the Registrar shall be such as may be prescribed by the regulations.
(2) The Registrar shall be the ex officio Secretary of the Executive Council, the Academic Council, the Finance Committee and the faculties, but shall not be deemed to be a member of any of these authorities.
(3) The Registrar, shall.
(a) comply with all directions and orders of the Executive Council and the Director;
(b) be the custodian of the records, common seal and such other property of the School as the Executive Council shall commit to his charge;
(c) issue all notices convening meeting of the Executive Council, the Academic Council, the Finance Committee, the faculties, the Board of studies and of any committee, appointed by the, authorities of the School;
(d) keep the minutes of all meetings of the Executive Council, the Academic Council, the Finance Committee, the faculties and any committee appointed by the authorities of the School;
(e) conduct the official correspondence of the Executive Council and the Academic Council;
(f) supply the visitor the copies of the agenda of the meetings of the authorities of the School as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meeting;
(g) call a meeting of the Executive Council forthwith in an emergency, when neither the Director nor the officer duly authorized is able to act and to take its directions for carrying on the work of the School;
(h) be directly responsible to the Director for the proper discharge of his duties and functions; and
(i) perform such other duties as may be assigned, from time to time, by the Executive Council or the Director.
(4) In the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Director to authorize any officer in the service of the School to exercise such powers, functions, and duties of the Registrar as the Director deems fit.
21. Other officers, and employees.
(1) Subject to the regulations made for the purpose every other officer or employee of the School shall be appointed under a written contract setting out the conditions of service as prescribed by the regulations which shall be lodged with the School and a copy thereof furnished to the officer or employee concerned.
(2) Any dispute arising out of the contract between the School and any of its officers or employees shall, at the request of the officer or the employee concerned, or at the instance of the School be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as prescribed by the regulations.
22. Provident Fund, Gratuity, Pension and any other benefit scheme.
All the permanent employees of the School shall be entitled to the benefit of the provident fund and gratuity in accordance with such regulations as may be framed in that behalf by the Executive Council.
23. Funds of the School.
(1) There shall be for the School a School Fund which shall include.
(a) any contribution or grant made by the State Governments;
(b) any contribution or grant made by the University Grants Commission or the Central Government;
(c) any contribution made by the Bar Council of India;
(d) any contribution made by the Bar Council of India Trust;
(e) any contribution made by the State Bar Councils;
(f) any bequests, donations, endowments or other grants made by private individuals or institutions;
(g) income received by the School from fees and charges; and
(h) amounts received from any other source.
(2) The amount in the said Fund shall be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Acts of 1970 and 1980 or may be invested in such securities authorized by the Indian Trusts Act, 1982, as may be decided by the Executive Council.
(3) The said fund may be employed for such purpose of the School and in such manner as may be prescribed by regulations.
24. Annual Accounts and Audit.
(1) The Annual Accounts of the School shall be prepared under the directions of the Executive Council.
(2) The accounts of the School shall, at least once in a year, be audited by the auditors appointed by the Executive Council :
Provided that the State Government or the Bar Council of India Trust shall have the power to direct, whenever considered necessary, an audit of the account of the School, including the institutions managed by it, by such auditors, as it may specify.
(3) The accounts when audited shall be published by the Executive Council and a copy of the accounts together with the audit report shall be placed before the Executive Council and also shall be submitted to the State Government.
(4) The annual accounts shall be considered by the General Council at its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council. The Executive Council shall consider the suggestions made by the General Council and take such action thereon as it thinks fit. The Executive Council shall inform the General Council at its next meeting all actions taken by it or the reasons for not taking action.
25. Financial Estimates.
(1) The Executive Council shall prepare before such date as may be prescribed by the regulations, the financial estimates for the ensuing year and place the same before the General Council.
(2) The Executive Council may, in case where the expenditure in excess of the amount provided in the budget is to be incurred or in cases of urgency, for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations. Where no provision has been made in the budget in respect of such excess expenditure a report shall be made to the General Council at its next meeting.
26. Annual Report.
(1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year and submit it to the General Council on or before such date as may be prescribed by the regulations. The General Council may pass resolutions thereon and the Executive Council shall take action in accordance therewith. The action taken shall be intimated to the General Council.
(2) Copies of the annual report along with the resolution of the General Council thereon shall be submitted to the State Government. The State Government shall lay the same before both the Houses of the State Legislature at their next earliest session.
27. Execution of Contracts.All contracts relating to the management and administration of the School shall be expressed as made by the Executive Council, and shall be executed by the Director when .the value of the contract is above ten lakhs of rupees and by the Registrar, when its value does not exceed tear lakhs of rupees.
28. Eligibility for Admission of Students.No student shall be eligible for admission to a course of study for a degree or diploma, unless he possesses such qualifications as may be prescribed by the regulations.
29. Residence of Students.Every student of the School shall reside in a hostel maintained or recognized by the School or under such conditions as may be prescribed by the regulations.
30. Honorary Degrees.If not less than two-thirds of the members of Academic Council, recommend that an honorary degree or academic distinction be conferred on any person on the ground that he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the General Council may, by a resolution, decide that the same may be conferred on the person recommended.
31. Withdrawal of Degree or Diploma.
(1) The General Council, may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on or granted to any person by a resolution passed by the majority of the total membership of the General Council and by a majority of not less than two-thirds of the members of the General Council present and voting at the meeting, if such person has been convicted by a Court of law for an offence, which in the opinion of the General Council involves moral turpitude or if he has been guilty of gross misconduct.
(2) No action under this rule shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.
(3) A copy of the resolution passed by the General Council shall be immediately sent to the person concerned.
(4) Any person aggrieved by the decision taken by the General Council may appeal to the visitor within thirty days from the date of the receipt of such resolution.
(5) The decision of the visitor in such appeal shall be final.
32. Discipline.
(1) The final authority responsible for maintenance of discipline among the students of the School shall be the Director. His directions in that behalf shall be carried out by the Heads of the School, hostels and institutions.
(2) Notwithstanding anything contained in sub-clause (1) the punishment of debarring a student from the examination or rustication from the School or a hostel or an institution, shall on the report of the Director be considered and imposed by the Executive Council:
Provided that no such punishment shall be imposed without giving to the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him.
33. Sponsored Schemes.Whenever the School receives funds from any Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the School, notwithstanding anything in this Act and regulations.
(a) the amount received shall be kept by the School separately from the School Fund and utilised only for the purpose of the scheme; and
(b) the staff required to execute the scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization. |
