THE NATIONAL LAW UNIVERSITY ODISHA ACT, 2008

1. (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.

2. 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 the regulations of the University made by the authorities of the University under the provisions of this Act; (i) “rules” means rules of the University made and enforced by the authority of the University as per the provisions of this Act or regulation; (j) “Schedule” means the Schedule appended to this Act containing Statutes; (k) “University” means the National Law University Orissa established under section 3; (l) “Vice-Chancellor” means the Vice-Chancellor of the University; and (m) “Visitor” means the Visitor of the University.

3. (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 Registrar. (4) The headquarters of the University shall be at Cuttack.

4. (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 professional skills of advocacy, judicial and other legal services legislation, law reforms and the like; (c) to advance the professional education in convergence with knowledge of other related disciplines so as to provide adequate orientation and training including facilities of continuing education to law teachers, judicial officers, advocates and other persons in the civil society engaged or interested in legal filed involved in the administration of justice; (d) to organize lectures, seminars, symposia and conferences, to promote legal knowledge and to make law and legal processes as efficient instruments of social development; (e) to hold examinations and confer degrees, diplomas, certificates and other academic distinctions; and (f) to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objects of the University, as an institution of higher learning and research and an institution of excellence. (2) The University shall be open to all persons of either sex irrespective of race, creed, caste, class or religion and it shall not be lawful for the University to impose on any person any condition 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 thereof.

5. 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 leaning 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 organize 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 person subject to such condition as the University may determine and to withdraw and any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (e) to confer honorary degrees or other distinction in the manner laid down in the regulations; (f) to fix, demand and receive fees and other charges; (g) to institute and maintain, halls and hostel, to recognize places of residence for the students of the University and to withdraw such recognition accorded to any such place of residence; (h) to establish such special centres, specialized study centres or other units for research and instructions at any place, as are in the opinion of the University necessary for the furtherance of its objects; (i) 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; (j) to establish and run, directly or through contract systems, sports complexes and gymnasiums and other indoor and outdoor facilities; (k) to make special arrangements in respect of the residence, discipline and teaching of women students; (l) to create academic, technical, administrative, ministerial and other posts in the university and to make appointments thereto; (m) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary; (n) to institute professorships, associate professorships, assistant professorships, part-time lectureship and any other teaching, academic or research posts required by the University; (o) to appoint persons as professors, associate professors, assistant professors, part-time lectures or otherwise as teachers and researchers of the University either on tenure or on non-tenure basis; (p) to institute and award fellowship, scholarships, prizes and medals; (q) to provide for printing, reproduction and publication of research and other works and to organize exhibitions; (r) to sponsor and undertake research in all aspects of law, justice, social development and scientific enquiries; (s) to co-operate with any other organization in the matter of education, training and research in law, justice, social development and allied subjects and for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine; (t) to co-operate with institutions of higher learning in the world having objects wholly or partially similar to those of the University by exchange of teachers and generally in such manner as my be conducive to the common objects; (u) to regulate the expenditure and to manage the accounts of the University; (v) 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; (w) to impart training and conduct refresher courses for law teachers, judicial officers, advocates and other persons in legal field; (x) to spread and promote legal literacy and legal awareness among citizens at urban and rural level; (y) to provide legal aid to needy persons at pre-litigation and litigation stage; (z) to undertake research of ancient scriptures and ancient legal system in India and explore their usefulness in the administration of justice in modern India; (za) to develop teaching and research of such religious 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; (zb) to publish research studies, treaties, books, periodicals reports and other literature relating to law and other fields; (zc) to establish and maintain within 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; (zd) to receive grants, subventions, subscriptions, donations and gifts for the purpose of University consistent with the objects for which the University is established; (ze) 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; (zf) to draw and accept, to make and endorse, to discount and negotiate, promissory notes, bills of exchange, cheques or other negotiable instruments; (zg) to execute conveyances, transfers, re-conveyances, mortgages, leases, licences and agreements in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University; (zh) to make policy and take effective regulatory steps for protection of intellectual properties created by the faculty, scholars, and students of various departments of learning and cetres of research of the University; (zi) to appointment any person, as it may deem fit in order to execute an instrument or transact any business of the University; (zj) to enter into any agreement with the Central Government, State Governments, the University Grants Commission or other persons and Societies for receiving grants; (zk) to accept grants of money, securities or property of any kind on such terms as it may deem expedient; (zl) 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 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; (zm) 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 in the interest of the University; (zn) 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; (zo) to make provisions for pension, insurance, provident fund and gratuity for the benefit of the academic, technical, administrative, employees of the University, 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 establishment and in support of the association, institutions, funds, trusts and conveyance calculated to benefit the employees and the students of the University; (zp) to delegate all or any of its powers to the Vice-Chancellor of the University or any committee or any sub-committee or to anyone or more members of its body or its officers; and (zq) 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.

6. (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.

7.(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.

8.(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 prescribed in the Schedule.

9 (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 clause (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 communicate the result of the inspection 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 Visitor or 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 Visitor or the Chancellor, as the case may be, the Visitor or 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.

10. 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.

11. (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.

12.(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.

13. (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 advise 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 Schedule.

14. (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.

15. 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.

16. (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 University without affording to such authority a reasonable opportunity of making a representation on the proposed changes. (4) Any amendment to the Statutes, whether by adding, deleting or in any other manner, shall not take effect unless the Chancellor has, after consultation with the State Government, assented to it: Provided that 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. (5) Notwithstanding anything contained in sub-section (3) or sub-section (4), 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. (6) An amendment to the Statutes shall come into force on the date of its publication in the Official Gazette.

17. (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 certificate 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) 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 previous approval of the State Government, and may be amended at any time, in the manner, as is provided under this Act or as may be specified in the Statutes. (3) Save as otherwise provided in sub-section (2), no Ordinances concerning the admission to the University or its examinations, courses of study, scheme of examinations, attendance and appointment of examiners shall be considered by the Executive Council unless draft of such Ordinance has been proposed by the Academic Council. (4) 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 amendments, which the Executive Council may suggest. (5) The draft Ordinances 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. (6) The General Council shall have power, by resolution passed by a majority of not less than tow-thirds of the members present and voting, to cancel any draft Ordinance made by the Executive Council and such draft Ordinance shall, from the date of such resolution, be deemed to be cancelled.

18. (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 matter, 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 programmes; (c) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (d) the establishment and abolition of faculties, departments and institutions; (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 enrolment or admission of students; and (h) examinations to be recognized as equivalent to University examinations. (2) The Academic Council shall have the power to propose regulations on all the matters specified in clauses (a) to (h) of sub-section (1) and matters incidental and related thereto.

19. 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.

20.(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 the working and development of the University.

21. Notwithstanding that,- (a) 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; or (b) There is a vacancy in the membership of any such authority or body, No act or resolution or proceeding of such authority or body shall be invalidated on any such ground or grounds.

22. 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 constituted.

23. 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.

24. 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 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.

25. 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 there under.

26. Provisions of this Act and any regulation made there under 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.