AN ORDINANCE to provide for
the establishment and incorporation of a State Law University at Prayagraj in
Uttar Pradesh to be known as the Uttar Pradesh National Law University,
Prayagraj, for the purposes of advancement of cause of learning, teaching and
research and diffusion of knowledge in the field of law as also to cater to the
needs of the society by developing professional skills of persons intending to
take up advocacy, judicial service, law officers / managers and legislative
drafting as their profession and for matters contained therewith or incidental
thereto. WHEREAS the State
Legislature is not in session and the Governor is satisfied that circumstances
exist which render it necessary for him to take immediate action; Now, THERFORE, in exercise
of the powers conferred by clause (1) of Article 213 of the Constitution of
India, the Governor is pleased to promulgate the following Ordinance:- CHAPTER
1 PRELIMINARY (1)
This Ordinance may be called the Uttar
Pradesh National Law University, Pryagaraj Ordinance, 2020. (2)
It shall come into force on such date as the
State Government may, by notification, appoint. In this Ordinance unless the
context otherwise requires,- (i)
"Academic Council" means the
Academic Council of the University constituted under Section 21; (ii)
"Bar Council of India" means the
Bar Council of India constituted under the Advocates Ordinance, 1961 (Act no.
25 of 1961); (iii)
“Chancellor" means the Chancellor of the
University referred to in Section 10; (iv)
"Executive Council" means the
Executive Council of the University constituted under Section 19. (v)
"General Council" means the General
Council of the University constituted under Section 17; (vi)
‘Government’, means the State Government of
"Uttar Pradesh." (vii)
"Prescribed" means prescribed by
statutes; (viii)
"Registrar" means the Registrar of
the University as referred in under Section 12; (ix)
"Regulations" means the regulations
of the University made by the authorities of the University under and in
accordance with the provisions of this Ordinance; (x)
"Schedule" means the Schedule
appended to this Ordinance; (xi)
"University" means "The Uttar
Pradesh National Law University, Prayagraj" established under Section 3; (xii)
"Vice - Chancellor" means the
Vice-Chancellor of the University appointed under Section 11; (xiii)
"Visitor" means the Visitor of the
University referred to in Section 8. CHAPTER
II ESTABLISHMENT OF THE UNIVERSITY, ITS OBJECTIVES AND FUNCTIONS (1)
With effect from such date of commencement of
this Ordinance, there shall be established, in the State of Uttar Pradesh, a
University by the name of the Uttar Pradesh National Law University, Prayagraj
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. (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 Prayagraj. (1)
The objects of the University shall be to
advance and disseminate learning and knowledge of law and research with a view
to ensure its proper 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, Judicial and other legal
services, Legislative, drafting, law reforms and the like 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: to impart training and
conduct refresher courses for law teachers, judicial officers, advocates and
other persons engaged or interested in legal field: to organize 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, diplomas, certificates and other academic distinctions; and to do all such things as
are incidental, necessary or conducive to the attainment of all or any of the
objects of the University. (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 there at or to enjoy or to exercise any privilege thereof. The Powers and Functions of
the University shall be,- (i)
to administer and manage the University and
such centers for research, education and instruction as are necessary for the
furtherance of the objects of the University; (ii)
to provide for instruction in such branches
of knowledge or learning pertaining to law, as the University may think fit and
to make provision for research and for the advancement and dissemination of
knowledge of law; (iii)
to organize and undertake extra moral
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 condition as the University may determine and to withdraw any
such diplomas, certificates, degrees or other academic distinctions for good
and sufficient cause; (v)
to confer honorary degrees or other
distinction in the manner laid down in the regulations; (vi)
to fix, demand and receive fees and other
charges; (vii)
to institute and maintain halls and hostels
and to recognize places of residence for the students of the University and to
withdraw such recognition accorded to any such place of residence; (viii)
to establish such special centers,
specialized study centers or other units for research and instruction as are,
in the opinion of the University necessary for the furtherance of its objects; (ix)
to supervise and control the residence and to
regulate the discipline of the students of the University and to make
arrangements for promoting their health; (x)
to make special! arrangements in respect of
the residence, discipline and teaching of women students; (xi)
to create academic, technical,
administrative, ministerial and other posts in the University with the approval
of the Government and to make appointments thereto; (xii)
to regulate and enforce discipline among the
employees of the University and to take such disciplinary measures as may be
deemed necessary; (xiii)
to institute professorships, associate
professorships, assistant professorships, part- time lecturerships, and any
other teaching, academic or research posts required by the University; (xiv) to
make rules and regulations for appointment of persons as professors, associate
professors, assistant professors, part-time lecturers or otherwise as teachers
and researchers of the University; (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 organize exhibitions; (xvii) to
sponsor and undertake research in all aspects of law, justice and social
development; (xviii)
to co-operate with any other organization in
the matter of education, training and research in law, justice, social
development and allied subjects for such purposes as may be agreed upon on such
terms and conditions as the University may from time to time determine; (xix) to
co-operate with institutions of higher learning of the world having objects
wholly or partially similar to those of the University by exchange of teachers
and generally in such manner as may be conducive to the common objects; (xx)
to regulate the expenditure and to manage the
accounts of the University; (xxi) to
advance the professional education and also to provide adequate orientation and
training to judicial officers and others who are involved in the administration
of Justice; (xxii) to
impart training and conduct refresher courses for law teachers, Judicial
officers, advocates and other persons in legal field; (xxiii)
to spread and promote legal literacy and
legal awareness among citizens at urban and rural level; (xxiv)
to provide legal aid to needy persons at
pre-litigation and litigation stage; (xxv)to undertake research
of ancient scriptures and ancient legal system in India and explore their
usefulness in the administration of Justice in modern India; (xxvi)
to develop teaching and research of such 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; (xxvii) to publish research studies, treatises, books,
periodicals, reports and other literature relating to law and other fields; (xxvii)
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. (xxviii) to
receive grants, subventions, subscriptions, donations and gifts for the purpose
of University consistent with the objectives for which the University is established;
(xxix)
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; (xxx)to sell, exchange,
lease or otherwise dispose of all or any portion of the properties of the
University, movable or immovable, on such terms as it may think fit and proper
without prejudice to the interest and activities of the University; (xxxi)
to draw and accept, to make and endorse, to
discount and negotiate, promissory notes, bills of exchange, cheques or other
negotiable instruments; (xxxii)
to execute conveyances, transfers,
reconveyances, mortgages, leases, licenses and agreements in respect of
property, movable or immovable including Government securities belonging to the
University or to be acquired for the purpose of the University; (xxxiii) to
appoint in order to execute an instrument or transact any business of the University,
any person as it may deem fit; (xxxiv) to
enter into any agreement with the Central Government, State Governments, the
University Grants Commission or other persons and Societies for receiving
grants.; (xxxv)
to accept grants of money, securities or
property of any kind on such terms as it may deem expedient; (xxxvi) to
raise and borrow money on bonds, mortgages, promissory notes or other
obligations or securities founded or based upon 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; (xxxvii)
to invest the funds of the University or
money entrusted to the University in or upon such securities and in such manner
as it may deem fit and from time to time transpose any investment; (xxxix) to
make such regulations as may, from time to time, be considered necessary for
regulating the affairs and the management of the University and to alter,
modify and to rescind them; (xxxviii)
to make provisions for pension, insurance,
provident fund and gratuity for the benefit of the academic, technical,
administrative, ministerial and other staff, in such manner and subject to such
conditions as may be prescribed by the regulations, as it may deem fit and to
make such grants as it may think fit for the benefit of employees of the
University and to aid in establishment and support of the association,
institutions, funds, trusts and conveyance calculated to benefit the staff and
the students of the University; (xxxix) to
delegate all or any of its powers to the Vice- Chancellor of the University or
any committee or any sub-committee or to any one or more members of its body or
its officers; and (xl)
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. (1)
All recognized teaching in connection with
the degree & diplomas and certificates of the University shall be
conducted, under the administrative control of the Executive Council, by the
teachers of the University, in accordance with the syllabus prescribed by the
Executive Council by regulations. (2)
The courses and curriculam and the
authorities responsible for organizing such teaching shall be such as may be
prescribed by the regulations. CHAPTER
III OFFICERS OF THE UNIVERSITY The following shall be the
officers of the University, namely:- (a)
the Visitor, (b)
the Chancellor, (c)
the Vice-Chancellor, (d)
the Registrar, (e)
the Finance Controller, (f)
the Controller of Examinations, and (g)
such other officers as may be prescribed by
regulations. (1)
The Chief Justice of the Supreme Court of
India or his nominee, who shall be a senior Judge of the Supreme Court, 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 te the affairs of the University. (1)
The Visitor shall have the following powers,
namely,- (a)
to give direction, take action, or do
anything as required under the provisions of this Ordinance and the Statutes, (b)
to cause an inspection by such person, as he
may direct, of any work, activity or examination of the University, college, or
regional centers; (c)
to give his views or advice to the
Vice-Chancellor in the matters wherein an inspection or inquiry has been made
under clause (b). (2)
Where the Visitor of the University under
clause (b) of sub-section (1) has ordered an inspection or inquiry, the
University may depute one of its officers to represent it in such inspection or
inquiry. (3)
The Visitor shall communicate the result of
the inspection or inquiry and his advice to the Vice- Chancellor. (4)
The result and the advice referred to in
sub-section (3) shall be communicated by the Vice-Chancellor to the Executive
Council with his comments for such action as the Executive Council may propose
to take and the action so taken shall be communicated to the Visitor, 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 and after
considering any explanation furnished or representation made by the Executive
Council, the Visitor may issue such directions as he may think fit and the
Executive Council shall comply with such directions. (1)
The Chief Justice of the High Court of
Judicature at Allahabad shall be the Chancellor of the University. (2)
The powers of the Chancellor shall be such as
may be prescribed or assigned by the visitor. (1)
The Vice-Chancellor shall be a whole-time
salaried officer of the University. The Vice-Chancellor after commencement of
this ordinance shall be appointed by the General Council from amongst eminent
academicians or educationist or Judges or professors of eminence in the field
of law whose names are sent to the General Council by the Committee constituted
in accordance with provisions of sub-section(3) : Provided that the first
Vice-Chancellor shall be appointed by the State Government. (2)
Notwithstanding anything to the contrary
contained in sub-clause(1), the Chairperson of the General Council, if
satisfied, may grant extension for another term of five years to the
Vice-Chancellor continuing in office after completing four years in office and
the matter shall be reported in the next meeting of the General Council. (3)
The Committee referred to in sub-section (1)
shall consist of the following members, namely- (i)
One person to be nominated by the Visitor; (ii)
One person to be nominated by the Chairperson
of the General Council. (iii)
One person to be nominated by the State
Government. (4)
The committee shall, as far as may be, at
least six months before the date on which a vacancy in the office of the
Vice-Chancellor is due to occur by reason of expiry of term or resignation
under sub-section (5), and also whenever so required and before such date as
may be specified by the General Council; submit to the General Council the
names of not less than three persons suitable to hold the office of the
Vice-Chancellor. The Committee shall, while submitting the names, also forward
to the General Council a concise statement showing the academic qualifications
and other distinctions of each of the persons so recommended, but shall not
indicate any order of preference. (5)
The Chairperson of the General Council may
appoint any suitable person to the office of Vice-Chancellor for a term not
exceeding six months if the vacancy in the office of Vice-Chancellor occurs or
is likely to occur by reason of leave or any other cause, not being resignation
or expiry of term, of which a report shall forthwith be made by the Registrar
to the Chairperson of the General Council. (6)
The Vice-Chancellor shall hold office for a
term of five years from the date on which he enters upon his office or till he
or she completes the age of seventy years, whichever is earlier: Provided that
the Vice-Chancellor may in writing under his hand addressed to the Chairperson
of the General Council resign his office, and shall cease to hold his office on
the acceptance by the General Council of such resignation. (7)
(i) The outgoing Vice-Chancellor will
continue till newly selected ViceChancellor assumes the office. (ii) In the case, if office
of the Vice-Chancellor falls vacant due to resignation, illness or otherwise,
the Chancellor shall make such alternative arrangement to carry on the office
of the Vice-Chancellor, as he deems fit. (8)
Subject to the provisions of this Ordinance,
the emoluments and other conditions of service of the Vice-Chancellor shall be
such as may be prescribed. (9)
The Vice-Chancellor shall not be entitled to
the benefit of any pension, insurance or provident fund. (10)
If in the opinion of the General Council, the
Vice-Chancellor wilfully omits or refuses to carry out the provisions of this
Ordinance or abuses the powers vested in him, or if it otherwise appears to the
General Council that the continuance of the ViceChancellor in office is
detrimental to the interest of the University, the General Council may, after
making proper inquiry which shall be completed preferably within six months,
remove the Vice-Chancellor by an order after giving him an opportunity of being
heard. (1)
The Registrar shall be appointed by the State
Government from amongst the senior administrative officers of the State. He
shall be the whole time officer of the University: Provided that the first
Registrar of the University shall be appointed by the Executive Council in the
consultation with the Government. (2)
The Registrar shall be the ex-officio
Secretary of the Executive Council, the Finance Committee and the faculties,
but shall not be deemed to be a member of these authorities. (3)
The Registrar shall,- (a)
comply with all directions and orders of the
Executive Council and the Vice-Chancellor; (b)
be the custodian of the records, common seal
and such other property of the University as the Executive Council shall assign
to his charge; (c)
issue all notice for convening meetings of
the General Council, Executive Council, the Academic Council, the Finance
Committee, the faculties and of any Committee appointed by the authorities of
the University; (d)
keep the minutes of all meetings of the
General Council, Executive Council, the Academic Council, the Finance
Committee, the faculties and any Committee appointed by the authorities of the
University; (e)
conduct the official correspondence of the
Executive Council and the Academic Council; (f)
supply the Visitor the copies of the agenda
of the meeting of the authorities of the University 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 a emergency, when neither the Vice-Chancellor nor the officer duly
authorized is able to act and to take its directions for carrying on the work
of the University; (h)
be directly responsible to the
Vice-Chancellor for the proper discharge of his duties and function: (i)
perform such other duties as may be assigned
from time to time by the Executive Council or the Vice-Chancellor, and G) in
the event of the post of the Registrar remaining vacant for any reason, it
shall be open to the Vice-Chancellor to authorize any officer in the service of
the University to exercise such powers, functions and duties of the Registrar
as the Vice-Chancellor deems fit. There shall be a Finance
Controller / Account Officer who shall be appointed in the same manner as in
the case of the Registrar having such qualification as may be prescribed by
regulations: Provided that the first
Finance Controller / Accounts Officer shall be appointed by the Executive
Council in consultation with the State Government. There shall be a Controller
of Examinations, who shall be appointed by the Vice Chancellor with the
approval of the Academic Council. The appointment and the
powers and functions of other officer shall be such as may be prescribed. CHAPTER
IV AUTHORITIES OF THE UNIVERSITY 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. (1)
There shall be a General Council of the
University which shall consist of the following members, namely:- I.
Ex-officio Members. (i)
The Chief Minister of Uttar Pradesh; (ii)
The sitting Judge of Allahabad High Court
nominated by the Chief Justice of High Court of Judicature at Allahabad ; (iii)
The Minister of Law and Justice Department,
Government of Uttar Pradesh; (iv)
The Minister of Higher Education, Government
of Uttar Pradesh ; (v)
The Advocate General, Uttar Pradesh; (vi)
The Chairman, Bar Council of India; (vii)
The Chairman, State Bar Council, Uttar
Pradesh; (viii)
The Principal Secretary of Judicial
Department, Government of Uttar Pradesh; (ix)
The Principal Secretary of Finance
Department, Government of Uttar Pradesh; (x)
The Principal Secretary of Higher Education
Department, Government of Uttar Pradesh: (xi)
The Vice-Chancellor of the University; II.
Nominated Members: (1)
(i) a Vice-Chancellor of a University of
Uttar Pradesh to be Nominated by the Chairperson of the General Council. (ii) one nominee of the Bar
Council of India from amongst its members. (iii) five eminent persons
in the field of law to be nominated by the Chairperson of the General Council. (2)
The Chief Minister of Uttar Pradesh shall be
the Chairperson of the General Council and the Vice-Chancellor of the
University shall be the Secretary of the General Council: Provided that in the event
of the Chief Minister of Uttar Pradesh not being able to Chair the Meeting of
the General Council, he shall then nominate any Cabinet Minister of Uttar
Pradesh to chair the meeting of the General Council. (1)
The term of office of the nominated members
of the General Council shall subject to sub-section(2) and (3) be three years. (2)
When a person is nominated as a member of the
General Council, he shall cease to be such member if his nomination as such is
withdrawn by the nominating body or person as the case may be. (3)
A member of the General Council shall cease
to be a member, if he resigns or becomes of unsound mind, or if a member other
than the Vice-Chancellor accepts a full-time appointment in the University or
if he fails to attend three consecutive meetings of the General Council without
the leave granted by the Chairperson or acts against the interest of the
University. (4)
A member of General Council] may resign his
office by a letter addressed to the Chairperson and such resignation shall take
effect as soon as it has been accepted by the Chairperson. (5)
Any vacancy in the General Council shall be
filled either by appointment or nomination, as the case may be, of a person by
the respective authority entitled to make the same and the person so appointed
or nominated shall holdice so long only as the member in whose place he is
appointed or nominated could hold office if the vacancy had not occurred. (6)
The other powers and the functions of the
General Council shall be such as may be prescribed. (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 term, power & functions of the
Executive Council shall be such as specified in the Schedule. (1)
The Executive Council shall consist of the
following, namely:- (i)
The Vice Chancellor; (ii)
One Member of the General Council (to be
nominated by the Chairperson of the General Council); (iii)
Advocate General, Uttar Pradesh: (iv)
The Principal Secretary, to the Government,
Law and Justice Department, Uttar Pradesh or his nominee not below the rank of
Additional Legal Remembrancer, (v)
The Secretary, Higher Education Department,
Uttar Pradesh or his nominee not below the rank of Special Secretary, Higher
Education department, Uttar Pradesh; (vi)
The Secretary to the Government, Finance
Department, Uttar Pradesh or his nominee not below the rank of Special
Secretary, Finance Department; (vii)
The Chairman, the State Bar Council, Uttar
Pradesh; (viii)
Two Senior most Faculty Members to be
nominated by the Vice-Chancellor by rotation; (ix)
Two eminent academicians or jurists to be
nominated by the Visitor; (x)
A District Judge of the Uttar Pradesh
Judicial Service, to be nominated by the Chancellor, and (xi)
Chairman, Bar Council of India. (2)
The Vice-Chancellor shall be the Chairman and
the Registrar shall be Secretary of the Executive Council. (1)
The Academic Council shall be the academic
body of the University and shall subject to the provisions of this Ordinance
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 University and shall exercise such other powers and perform
such other duties as may be conferred or imposed upon it by this Ordinance or
the regulations. It shall have the right to advise the Executive Council on all
academic matters. (2)
The Academic Council shall have the power to
propose regulations on all the matters specified in clause 12 of the Schedule
and the matters incidental therewith and related thereto. (1)
The Academic Council shall consist of the
following members:- (a)
the Vice-Chancellor, who shall be the
Chairperson thereof; (b)
three persons from amongst the eminent
educationists or men of letters or members of learned professions, who are not
in the service of the University to be nominated by the Chancellor; (c)
the Secretary-incharge to the Government, Law
and Justice Department, Government of Uttar Pradesh or his nominee; (d)
one person nominated by the Chairman, Bar
Council of India; (e)
all Heads of the Departments of the
University: (f)
all the Professors (other than the Heads of
the Department), (g)
two members of the teaching staff, to be
nominated by the ViceChancellor from amongst Associate and Assistant Professors
of the University in order of seniority in each category by rotation; ' (h)
one member of the Legal Education Committee
of the Bar Council of India to be nominated by the Chairman of the Committee:
and (i)
three eminent Professor/ Jurist/Lawyers to be
nominated by the ViceChancellor; Provided
that such of the Associate Professors or Assistant Professors who have been
nominated as members of Executive Council by the ViceChancellor, shall be
nominated as members of the Academic Council by the Vice-Chancellor : Provided further that a not
teaching employee of the University shall not be eligible for nomination. (2)
The terms of office of the members other than
ex-officio members shall be three years. (1)
There shall be a Finance Committee
constituted by the Executive Council consisting of the following namely :- (a)
The Vice-Chancellor; (b)
one member nominated by the Executive Council
from amongst its member; (c)
one officer each of the Finance Department
and the Higher Education Department (not below the rank of a Deputy Secretary),
Government of Uttar Pradesh; (d)
Finance Controller of the University; (e)
one Senior teacher preferably a specialist of
the finance and account matters nominated by the Vice-Chancellor; (f)
three financial experts not having any
relation with the University and nominated by the Chancellor; (i)
the Finance Controller, shall be the member
Secretary of the Finance Committee; (ii)
The members of the Finance Committee, shall
hold office for a term of three years; (iii)
The functions and duties of the Finance
Committee shall be, (a)
to examine and scrutinize the annual budget
of the University 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 University from time to time and to
consider reappropriation 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 University
either on its own initiative or on reference from the executive Council or the
ViceChancellor. (iv)
The Finance Committee shall meet twice every
year. Five member of the Finance Committee shall form the quorum. (v)
The Vice-Chancellor shall preside over the
meetings of the Finance Committee. In case of difference of opinion among the
members, the opinion of the majority of the members shall prevail. The constitution and powers
and functions of other authorities, if any, shall be such as may be prescribed. CHAPTER
V STATUTES, ORDINANCES AND REGULATIONS (1)
The Statutes of the University shall contain
such instructions, directions, procedures and details as are necessary to be
prescribed under and in accordance with the provisions of this Ordinance. (2)
The Statutes as contained in the Schedule to
this Ordinance as amended from time to time, shall be binding on all
authorities, officers, teachers and employees of the University and persons
connected with the University. (3)
Executive Council shall have all powers to
make any amendments in the statutes contained in the Schedule to this
Ordinance: Provided that the Executive Council shall not amend Statute
affecting the constitution, status or power of any authority of the University
without affording to such authority a reasonable opportunity of making a
representation on the proposed changes. (4)
Any amendments to the Statutes, whether by
adding, deleting or in any other manner, shall not take effect unless the
Chairman of General Council has assented to it on recommendation of Executive
Council. The Chairperson of General Council may after the said consultation/
recommendation and on being satisfied that assent has not been given, withhold
assent or return the proposal for amendment to the Executive council for
re-consideration in the light of observation, if any, made by him. (5)
Notwithstanding anything contained in
sub-section (3) or sub-section (4) the Visitor shall have power to amend, after
consultation with the 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 their publication in the Gazette. (1)
Subject to the provisions of this Ordinance
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
appointments of the examiners and their terms and conditions; (c)
management of colleges, institutions,
research bodies and other agencies admitted to the privileges of the
University; and (d)
any other matter required by the Statutes to
be dealt by Ordinances of the University. (2)
The first Ordinances of the University shall,
as soon as may be, after the commencement of this Ordinance, be made by the
Vice- Chancellor with previous approval of the Government, and may be amended
at any time, in the manner, as provided under this Ordinance 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)
(i) The draft Ordinances made by the
Executive Council shall be submitted to the General Council and shall be
considered by the General Council at the next meeting and shall come into
effect from the date on which the General Council approves the same by
resolution; (ii) The General Council
shall have power by resolution passed by a majority of not less than two-thirds
of the members present and voting, to cancel any Ordinance made by the
Executive Council and such Ordinance shall, from the date of such resolution,
be void. (1)
Subject to the provisions of this Ordinance,
the Executive Council shall have, in addition to all the other powers vested in
it, the power to frame regulations to provide for the administration and
management of the affairs of the University: Provided that the Executive
Council shall not make any regulation affecting the status, 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 orallofthe following
matters, namely:- (a)
the constitution, powers and duties of the
Academic Council; (b)
the persons responsible for organizing
teaching in connection with the courses of study and related academic
programmes; (c)
the withdrawal of degrees, diplomas,
certificates and other academic distinctions; (d)
the establishment and abolition of faculties,
departments, hall and institution; (e)
the institution of fellowships, scholarships,
studentship, medals and prizes; (f)
conditions and modes of appointment of
examiners or conduct of or standard of examinations or any other course of
study; (g)
mode of enrollment or admission of student;
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 (a) to (h) above and matter
incidental and related thereto. An authority of the
University shall have the power to make regulations, in the manner prescribed
by the Statutes, for the conduct of its affairs and the affairs of the
committees constituted by such authority. Such regulations shall not be
inconsistent with the provisions of this Ordinance statutes and the Ordinances
of the University. CHAPTER
VI REVIEW COMMISSION (1)
The Chancellor shall at least once in every
five year or as and when required, constitute a University 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, the Chairman of such Commission
appointed by the Chancellor in consultation as will 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 hoiding 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 Review Commission for the working and development of the University. Not withstanding that,- (i)
the General Council, the Executive Council,
the Academic Council or any other authority or body of the University is not
duly constituted or there is a defect in its constitution or reconstitution at
any time; and (ii)
there is a vacancy in the membership of any
such authority or body, no Ordinance or rule or proceedings of such authority
or body shall be invalidated on any such ground or grounds. If any difficulty arises
with respect to the establishment of the University or in connection with the
first meeting of any authority of the University or otherwise in giving effect
to the provisions of this Ordinance and the 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 Ordinance and the regulations, which appear to him necessary
or expedient for the purpose of removing the difficulty and every such order
shall have effect as if such appointment or action had been made or taken in
the manner : Provided in this Ordinance
and 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. Notwithstanding anything in
this Ordinance 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 Ordinance and the regulations and for that purpose may
exercise any powers or perform any duties, which by this Ordinance 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 Ordinance and the
regulations. 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
done or purported to have been done in good faith in pursuance of this
Ordinance or any regulations made there under. SCHEDULE (See
Section 25) STATUTES
OF GENERAL COUNCIL 1. Donor members. Any person who make a
donation to the University at any one time of an amount exceeding one crore
shall be the Donor Member during his life time and shall have a right to nominate
a representative to attend meetings. 2. Terms of office of members of the
General Council. (1)
The term of office of the members of the
General Council except Donor members, if any shall, subject to sub-sections (2)
and (3), be three years. Provided that the term of the first General Council
will expire on constitution of the regular General Council under die provisions
of this Schedule. (2)
Where a member of the General Council becomes
such member by virtue of the office or appointment he holds or is a nominated
member, his membership shall terminate when he ceases to hold such office or
appointment or as the case may be, his nomination is withdrawn or cancelled. (3)
A member of the General Council shall cease
to be a member.- (a)
If he resigns or becomes of unsound mind or
becomes insolvent or is convicted of a criminal offence involving moral
turpitude; (b)
If any member other than the Vice-Chancellor
accepts a full time appointment in the University; (c)
If he is a nominated member and fails to
attend three consecutive meetings of the General Council without the leave of
the Chairman. (4)
A member other than ex-officio member of the
General Council may resign his office by a letter addressed to the Chairman and
such resignation shall take effect as soon as such resignation is accepted by
the Chairman. (5)
Any vacancy in the General Council shall be
filled either by appointment or nomination, as the case may be, of a person by
the respective authority entitled to make the same and the person appoint. or
nominated shall hold office so long only as the member in whose place he is
appointed or nominated could have held office if the vacancy had not occurred. 3. Powers of the General Council for
administration and management. (1)
The General Council shall have all the powers
necessary for the administration and management of the University and for conducting
its affairs including the power to review the action of the Authorities and the
power to review the regulations made by the Executive Council and shall
exercise all powers of the University except as otherwise provided In this
Ordinance. (2)
Without prejudice to the generality of the
powers conferred by sub-clause (1), the General Council shall,- (a)
Recommend the broad policies and programmes
of the University and suggest measures for the improvement and development of
the university. (b)
Consider and pass the resolutions on the
annual report, the financial estimates and the audit report on such accounts; (c)
Perform such other functions, not
inconsistent with the provisions of this Ordinance, as it may deem necessary
for the better functioning and administration of the University. 4. Meeting of the General Council. (1)
The General Council shall meet at least once
in a year and at least ten days notice shall be given for its meetings. (2)
The Chairperson of the General Council or in
his absence, any member duly authorised by the Chairperson shall preside over
the meetings: Provided that the Chancellor may attend any meeting of the
General Council with the prior information to the Chairperson of the General
Council. (3)
A report of the working of the University
during the previous year, together with a statement of receipt and expenditure
as also the balance sheet as audited and the financial estimates, shall be
presented by the Vice Chancellor to the General Council at its meeting. (4)
Meeting of the General Council shall be
called by the Vice- Chancellor on his own or at the request of not less than
two-thirds of the members of the General Council including the ex-office
members. (5) For every meeting of the General Council at least 15 days notice
shall be given. (5)
One — third of the members of general Council
shall form the quorum. (6)
Each member shall have one vote and it there
is equality of votes on any question to be determined by the General Council,
the Chairman or the person presiding over meeting shall, in addition, have a
Casting vote. (7)
In Case of difference of opinion among the
members, the opinion of the majority shall prevail. (8)
If urgent action by the General Council
becomes necessary, the Chairman , permit the business to be transacted by
circulation of papers to the members of the General Council. However, the
action proposed to be taken shall not be taken unless agreed to by a majority
of the members of the General Council. "The action so taken shall
forthwith be intimated to all the members of the General Council and the papers
shall be placed before the next meeting of the General Council for
confirmation. Executive
Council 5. Term of Office of Executive Council. (1)
Where a person has become a member of the
Executive Council by virtue of the office or appointment he holds, his
membership shall terminate when he ceases to hold that office or appointment. (2)
A member of the Executive Council shall cease
to be a member if he resigns or becomes of unsound mind or becomes insolvent or
is convicted of a criminal offence involving moral turpitude or if a member
other than the Vice-Chancellor or a member of the faculty accepts a full time
appointment in the University or if he is a member, other than ex-officio
member and fails to attend three consecutive meetings of the Executive Council
without the leave of the Chairman of the Executive Council. (3)
Unless their membership of the Executive
Council is previously terminated as provided in the above sub-clause/members of
the executive shall cease to be members on the expiry of three years from the
date on which they become members of the Executive Council Provided that the
term of the members of Executive Council shall be three years. (4)
A member of the Executive Council other than
an ex-officio member, may resign his office by a letter addressed to the
Chairman of the Executive Council and such resignation shall take effect as
soon as the Chairman of the Executive Council accepts it. (5)
Any Vacancy in the Executive Council shall be
filled either by appointment or nomination, as the case may be, by the
respective authority entitled to make the same and on the expiry of the period
of the vacancy such appointment or nomination shall cease to be effective. (6)
Notwithstanding anything contained in the
foregoing provisions persons two senior most Faculty Members which are
nominated by Vice Chancellor by rotation shall remain member of the Executive
Council permanently. 6. Powers and functions of the Executive
Council. Without prejudice to the
provisions contained in the Ordinance, the Executive Council shall have the
following powers and functions, namely:- (1)
to create faculty position with the approval
of the Government and appoint in the position of, from time to time.
Professor-Director of Schools, Chairman of Undergraduate and Postgraduate
studies, Professors, Associate Professor, Assistant Professor and other
teaching staff of the faculty on the recommendation of the Selection Committee
constituted under the Regulation of the University on that behalf; (2)
to create positions with the approval of the
Government in administrative, teaching, research and subordinate management
staff, on tenure and non tenure basis on such terms and conditions as may be
determined by regulations and to appoint personnel in such posts in such manner
as may be determined under regulations. The Executive Council may also delegate
such functions to the Vice Chancellor in such manner as may be stipulated in
the regulation: (3)
to grant in accordance with the regulations
leave of absence other than casual leave to any officer of the University and
to make necessary arrangement for the discharge of the functions of such
officer during his absence; (4)
to manage and regulate the finances, accounts
investments, property, other matters and all other administrative affairs of
the University and for that purpose to appoint such agents, as it may think
fit: (5)
to invest any money belonging to the
University, including an unapplied income, insuch stock, funds, shares or
securities, as it may, from time to time, think fit or in the purchase of
immovable property in India, with the like power of varying such investments
from time to time; (6)
to transfer or accept transfers of any
movable or immovable property on behalf of the University; (7)
to enter into, vary ,carry out and cancel contracts
on behalf of the University and for that purpose to appoint such officers as it
may think fit; (8)
to provide the buildings, premises furniture
and apparatus and other means needed for carrying on the work of the
University; (9)
to provide, purchase or accept by donation
books for library of the University; (10)
to entertain, adjudicate upon and If it
thinks fit, to redress any grievances of the officers of the University, the
teachers, the students and the University employees, who may for any reason,
fed aggrieved, otherwise than by an act of a court; (11)
to appoint examiners and moderators, and if
necessary to remove them and to fix their fees, emoluments and traveling and
other allowances, after consulting the Academic Council; (12)
to select a common seal for the University
and to provide for the custody of the seal, and to exercise such other powers
and to perform such other duties as may be conferred or imposed on it by or
under this Ordinance. 7. Meeting of the Executive Council. (1)
The Executive Council shall meet at least
once in six month and not less than fifteen days notice shall be given of
meeting. (2)
Five members of the Executive Council shall
constitute a quorum at any meeting thereof. (3)
in case of difference of opinion among the
members, the opinion of the majority shall prevail. (4)
Each member of the Executive Council shall
have one vote and if there shall be equality of votes on any question to be
determined by the Executive Council, the Vice-Chancellor or the member
presiding over that meeting shall, in addition, have decasting vote. (5)
Every meeting of the Executive Council shall
be presided over by the Vice- Chancellor and in his absence by a member chosen
by the members present to preside on the occasion. (6)
If urgent action by the Executive Council
becomes necessary, the Vice-Chancellor may permit the business to be transacted
by circulation of papers to the members of the Executive Council. The action
proposed to be taken shall not be taken unless agreed to by a majority of
members of the Executive Council. However, the action so taken shall be
forthwith intimated to all the members of the Executive Council. The papers
shall be placed before the next meeting of the Executive Council for
information. 8. Constitution of Standing Committee and
appointment of Ad-hoc Committees by the Executive Council. Subject to the provisions of
this Ordinance and the regulations made in this behalf, the Executive Council
may, by resolution, constitute such Standing Committees or appoint Ad-hoc
Committees for such purposes and with such powers as the Executive Council may
Mink fit for exercising any power or discharging any function of the University
or for inquiring IMO, reporting or advising upon any matter relating to the
University. 9. Reservation of seats. The Executive Council may by
regulation provide for reservation in the admission to undergraduate and post
graduate students in the University exempting super specialty courses, such
number of seats for schedule casts and schedule tribes students as may be
provided in the Regulation. Provided that the University
may enroll applicants from such categories in a year but not qualifying for
admission in that year into a "one year" preparatory course at the
end of which they may be admitted into the regular course next year in
pursuance of the regulation provided for the purpose. 10. Co-option. The Executive Council may
Co-opt such persons to a Standing Committee or an Ad-hoc Committee as it
considers suitable and may permit them to attend the meetings of the Executive
Council. 11. Delegation of powers by Executive
Council. The Executive Council may by
resolution, delegate to the Vice-Chancellor or to a Committee, such of its
powers as it may deem fit subject to the condition that the action taken by the
Vice- Chancellor or such committee in the exercise of the powers so delegated
shall be reported at the next meeting of the Executive Council. Academic
Council 12. Powers and duties of the Academic
Council. Subject to the provisions of
this Ordinance and regulations, the Academic Council shall, in addition to all
other powers vested in it, have the following powers, namely:- (a)
to report on any matter referred or delegated
to it by the General Council or the Executive Council; (b)
to make arrangements through regulations for
the instruction and examination of persons other than those enrolled in the
University; (c)
to promote research within the University and
to require from time to time, reports on such research; (d)
to consider proposals submitted by the
faculties; (e)
to appoint committees for admission to the
University; (f)
to recognise diplomas and degrees and other
Universities and institution and to determine their equivalence in relation to
the diplomas and degrees of the University; (g)
to fix, subject to any conditions accepted by
the General Council, the time mode and conditions of competition for
fellowship, scholarships and other prizes, and to awards the same; (h)
to make recommendations to the Executive
Council in regard to the appointment of examiners and if necessary their
removal and the fixation of their fees, emoluments and travelling and other
expenses; (i)
to make arrangements for the conduct of
examinations and to fix dates for holding them; (j)
to declare result of the various examinations,
or to appoint committees or officers to do so and to make recommendations
regarding the conferment or grant of degrees, honors, diplomas, titles and
marks of honor ; (k)
to award stipends, scholarships, medals and
prizes and to make other awards A accordance with the regulations and such
other conditions as may be attached to the awards; (l)
to publish lists of prescribed or recommended
text-books and to publish syllabus or the prescribed courses of study; (m)
to prepare such forms and registers as are. from
time to time prescribed by regulations; and (n)
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 Ordinance and the regulations. 13. 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 had from quorum for a meeting of the Academic Council. (3)
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 members present at the meeting to preside on the
occasion. (4)
If urgent action by the Academic Council
becomes necessary, the Chairman of the Academic Council may perm. The business
to be transacted by circulation of papers to the members of the Academic
Council. The action proposed to be taken shall not be taken unless agreed to
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
information. SELECTION
AND REMOVAL OF TEACHERS 14. Selection Committee. All appointments to teaching
and non teaching on regular or tenure basis shall be made on the basis of rules
and regulations of the University and recommendation of the Selection Committee
composed on such manner as may be prescribed under the regulation. PROVIDENT
FUND, GRATUITY, PENSION 15. Provident fund, Gratuity, Pension
and any other Benefit Scheme. All the permanent employees
of the University shall be entitled to the benefit of the provident fund, and
other beneficial scheme in accordance with such regulations as may be framed in
that behalf by the executive Council. 16. Fund of the University. (1)
There shall be a University Fund which shall
include,- (a)
any contribution or grant made by the State
Government: (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
Council; (f)
any bequests, donations, endowments or other
grants made by any private individual or institution; (g)
income received by the University from fees
and charges: and (h)
amounts received from any other source. (2)
The amount of the said Fund shall be kept in
a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Central Ad
no. 2 of 1934), or in a corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act no.
5 A 1970) and the Banking Companies (Acquisition and Transfer A Undertakings)
Act, 1980 (Central Act no. AO of MO) or may be invested in such securities
authorized by the Indian Trust Act, 1982 (Central Act no. II of 1882), as may
be decided by the Executive Council. (3)
The said fund may be utilized for such
purpose of the University and in such manner as may be prescribed by
regulations. 17. Annual Accounts, Audit and financial
estimates. (1)
The Annual Accounts of the University shall
be prepared under the directions of the Executive Council. (2)
Provided that Special Audit, whenever
considered necessary by the Executive Council, shall be done 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 Chancellor and the State Government. (4)
The Annual Accounts shall be considered by
the General Council at its annual meeting and 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 there on, as it thinks fit. The Executive
Council shall inform the General Council at its next meeting with respect to
all actions taken by it as also the reasons for not taking action. (5)
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 name before the General Council. (1) The
Executive Council may, in case where 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 as may be 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. 18. Annual reports. (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 Genera] Council on or before
such does as may be prescribed by the regulation. The General Council may pass
resolution thereon and the Executive Council shall take action in accordance
there with. 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 shail lay the same before the House of the
State Legislature at their next earliest session. MISCELLANEOUS 19. Execution of contract. All Contracts relating to
the management and administration of the University shall be expressed to be
made by the Executive Council and shall be executed in accordance with the
provisions of regulations framed separately for this purpose. 20. 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. 21. Residence of students. Every student of the
University shall reside in a hostel maintained or recognized by the University
under such conditions as may be prescribed by the regulations. 22. Honorary Degrees. If not less than two-thirds
of the members of the Academic Council, recommend that an honorary degree or
academic distinction he 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. 23. 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 preset and voting at the
meeting, if such person 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, immediately, be 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 receipi of such resolution. (5)
The decision of the Visitor in such appeal!
shall be final. 24. Discipline. (1)
The final authority responsible for
maintenance of discipline among the students of the University shall be the
Vice-Chancellor. All heads of the departments. Hostels and Institutions shall
carry out his directions in that behalf. (2)
Notwithstanding anything contained in
sub-section (1), the punishment of debarring a student from the examination or
rustication from the University or a hostel or an institutions shall on the
report of the Vice-Chancellor be considered and imposed by the Executive
Council: 25. Sponsored Scheme. The sponsored research
projects, studies and consultancies undertaken by the University shall be
vetted first by the Academic Council before they are formally accepted by any
officer, teacher or authority of the university. The University, however, shall
be at liberty to accept and undertake such self-financing research projects,
studies and consultancies for Governmental departments, corporations, reputed
private organizations, University Grants Commission or any other academic and
research organization as it may deem proper.THE UTTAR PRADESH NATIONAL LAW UNIVERSITY,
PRAYAGRAJ ORDINANCE, 2020
[U.P. ORDINANCE NO. 17 OF 2020]