The National Law School and Judicial Academy, Assam Act, 2009
##### Registered No. 768/97

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## THE ASSAM GAZETTE

### EXTRAORDINARY

#### SfRJ TOT gmPTo
 PUBLISHED BY THE AUTHORITY

##### 7R 305 n fa w , 19 CW ^r, 2009, 28 taR, 1931 (’Tsp)

 No. 305 Dispur, Saturday, 19th September, 2009, 28th Bhadra, 1931 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

 NOTIFICATION

 The 19th September, 2009

 No.LGL.150/2008/31 The following Act of the Assam Legislative Assembly which
 received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XXV OF 2009

 (Received the assent of Governor on 15th September, 2009)

 THE NATIONAL LAW SCHOOL AND JUDICIAL ACADEMY,
 ASSAM ACT, 2009


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##### , 1512 THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009_______ .

 AN

 ACT

to provide for the establishment of a Law University and a Judicial Academy by the

name of the National Law School and Judicial Academy, Assam at Guwahati for

imparting legal education for development of teaching and higher , learning in law

with powers to award degrees, diplomas, and other academic distinctions and also

to impart legal training and education for Judicial Officers.

Preamble Whereas it is expedient to provide for the establishment of a Law University

and a Judicial Academy by the name of the National Law School and Judicial

Academy, Assam at Guwahati for imparting legal education for development of

teaching and higher learning in law with powers to award degrees, diplomas, and

other academic distinctions;

And whereas introduction of compulsory induction training for one

year to all newly recruited Judicial Officers made it obligatory to have a well

equipped training academy to offer comprehensive legal training and research

facilities for the Judicial Officers for the purpose of enhancing capacity and

professional competence ;

And whereas in furtherance of the said objects, the Government has

decided that teaching and research facilities available in the Law School can also

be utilized to offer comprehensive legal training to the Judicial Officers apart from

development of teaching and higher learning in law with powers to award degrees,

diplomas, and other academic distinctions and for matters connected therewith or

incidental thereto ;

«

It is hereby enacted in the Sixtieth Year of the Republic of India, as

follows

Short title, 1. (1) This Act may be called the National Law School and
extent and Judicial Academy, Assam Act, 2009.
commencement _I_

(2) It extents to the whole of Assam.

(3) It shall come into force at once.

Definitions 2. In this Act, unless the context other wise requires, -

(a) “Academy” means the Judicial Academy, Assam

mentioned under section 3;

i


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##### THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1513.

(b) “Authorities of the Law School” means the authorities

mentioned in section 8 ;

(c) “Board” means the Board of Management of the

Academy as mentioned under section 32 ; j

(d) “Chairperson” means the Chairperson of the Board ;

(e) “Court personnel” means an employee of the establishment of the Gauhati

High Court, a court and a tribunal under the administrative control of the

Gauhati High Court;

(f) “Director General” means the Director General of the Law School appointed

under section 17 ;

(g) “Director” means the Director of the Academy appointed under section 35 ;

(h) “Fund” means the Judicial Training Fund mentioned in section 37 ;

(i) “General Council” means the General Council mentioned in section 9 ;

O') “Government” means the Government of Assam;

(k) “High Court" means the High Court of Assam, Nagaland, Meghalaya,

Manipur, Tripura, Mizoram and Arunachal Pradesh ;

(l) “Judicial Officer” means a District Judge, a Sessions Judge, an Additional

District Judge, an Additional Sessions Judge, a Senior Civil Judge, a Civil

Judge, a Judicial Magistrate, a Special Judicial Magistrate or a presiding

officer of a court or a tribunal under the administrative control of the Gauhati

High Court;

(m) “Law School” means the National Law School and Judicial Academy,

Assam, established under section 3 of this Act;

(n) “Member” means a member of the Board ;

(o) “prescribed” means prescribed by the Rules, Statutes and Regulations

made under this A c t;

(p) “President” means President of the Law School mentioned in section 7 ;

(q) “Registrar of Law School” means the Registrar of the Law School appointed

under section 18.

**CHAPTER I I**

THE LAW SCHOOL

##### Establishment 3. (1) There shall be established in the State of Assam a Law School of the Law School by the name of “the National Law School and Judicial Academy, Assam”.

(2) The Law School shall be a body corporate having perpetual succession and

a common seal and shall be capable of entering into contract and sue and be

sued by its name represented by the Registrar of the Law School.


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##### 1514 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009_______ c

(3) The Law School shall be fully residential and be engaged in teaching and

research in law with powers to award degrees, diplomas, and other academic

distinctions and imparting training in allied disciplines.

(4) The main seat of the Law School shall be at Guwahati and it may establish

campuses at such other places as it may deem fit.

##### Objects of 4. The objects of the Law School shall be

the Law School

##### (I) to evolve and impart comprehensive legal education and training at all

levels to achieve excellence in the working of the Judicial Institutions;

(ii) to organise advanced studies and promote research in all branches of

law;

(iii) to disseminate legal knowledge by organizing lectures, seminars,

symposia, workshops and conferences;

(iv) to promote cultural, legal and ethical values with a view to promote and

foster the rule of law and the objectives enshrined in the Constitution of

India;

(v) to improve the ability to analyse and present for the benefit of the public

contemporary issues of public concern and their legal implications;

(vi) to liaise with institutions of higher learning and research In India and

abroad;

(vii) to publish periodicals, treaties, study books, reports, journals and other

literature on all subjects relating to law;

(viii) to hold examinations and grant degree and confer honorary awards and

other-academic distinctions;

(ix) to promote legal awareness in the community for achieving social and

economic justice;

(x) to undertake study and training projects relating to law, legislation to

the members of the judicial institutions;

(xi) to do all such things as are incidental, necessary or conducive to the

attainment of all or any of the objectives of the Law School; and

(xii) to nurture and to promote quality and excellence in legal studies and

research.


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##### THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009 1515.

Powers and 5. The powers and functions of the Law School shall be,-
functions of

the Law School (i) to administer and manage the Law School and such other centers for

study, research, education and instructions as are necessary in

furtherance of the objects of the Law School and to provide for

instruction in all branches of knowledge or learning pertaining to law and

allied subjects as the Law School may deem fit;

(ii) to make provisions for training , research and for the advancement

and dissemination of knowledge of law to all the Departments of the

State Government ;

(iii) to hold examinations and to confer degrees, titles, diplomas and

other academic distinctions on persons subject to such conditions as the

Law School may determine and to withdraw any such degrees, titles,

diplomas and other academic distinctions subject to such conditions as

the Law School may determine;

(iv) to fix, demand and receive fees and other charges as may be

prescribed;

(v) to establish special centers, specialized study centers or other units

for research and instructions as are in the opinion of the Law School,

necessary in furtherance of its objects;

(vi) to supervise and control the residence and to regulate the discipline

of the trainee , students and staff of the Law School and to make

arrangements for promoting their health and general welfare;

(vii) to regulate and enforce discipline among the employees of the Law

School and to take such disciplinary measures as may be deemed

necessary;

(viii) to appoint persons as professors, associate professors, assistant

professors, readers, lecturers or otherwise as teachers and researchers

of the Law School and as other classes of employees;

(ix) to institute an Award, Fellowships, Scholarships, Prizes and Medals;

(x) to provide for printing, reproduction and publication of research and

other works and to organize exhibitions;

(xi) to sponsor and undertake training of Judicial Officers or

administrative officers of other States against payment and to take up

research in all aspects of law, justice and social development;

(xii) to co-operate with any other organisations 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 Law School may from time to time determine;


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##### 1516 THE ASSAM GAZETTE, EXTRAORDINARY SEPTEMBER 19, 2009

(xiii) to co-operate with institutions of higher learning in any part of the

world having objects wholly or otherwise similar to those of the Law

School by exchange of teachers and scholars and generally in such

manner as may be conducive to the common objects;

(xiv) to receive grants, subventions, subscriptions, donations and gifts

for the purposes of the Law School consistent with the objects for which

the Law School is established;

(xv) to accept grants of money, securities or property of any kind or

description on such terms and conditions as may be deemed expedient;

(xvi) 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 Law 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 Law School, all expenses incidental to the raising of

money, and to repay and redeem any money borrowed or debt made;

(xvii) to invest the funds of the Law School or moneys entrusted to the

Law School in or upon such securities or deposits and in such manner as

it may deem fit and from time to time transpose any investments;

(xviii) to make such Statutes, Regulations and other instruments as

may, from time to time, be considered necessary for reservation of seats

in terms of reservation policy of the Government, for regulating the

affairs and the management of the Law School and its properties and to

alter, modify and to rescind them;

(xix) 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 pension, insurance, provident fund and

gratuity and other schemes as it may deem fit and to make such grants

as it may think fit for the benefit of the staff of the Law School and to

aid in the establishment and support of associations, institutions, funds

and trusts for the benefit of the staff and the students of Law School;

and

(xx) to do all such other acts and things as the Law School may consider

necessary, conducive or incidental to the attainment or enlargement of

the aforesaid objects or any of them;

(xxi) to create academic, technical, administrative, ministerial and other

posts and to make appointments thereto;

(xxii) to institute professorships, associate professorships, assistant

professorships, readerships, lecturer ships and any other teaching,

academic or research posts required by the Law School;


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##### _________ THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19. 2009

(xxiii) to regulate the expenditure and to manage the accounts of the

Law School;

(xxiv) to enter into any agreement with the Central Government, State

Government, the University Grants Commission or other Authorities for

receiving grants;

(xxv) to establish and maintain within the premises of the Law School

or elsewhere such Schools, Colleges and Study halls as the Law 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 Law School;

(xxvi) 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 Law 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;

(xxvii) to sell, exchange, lease or otherwise dispose of all or any portion

of the properties of the Law School, movable or immovable, on such

terms and conditions as it may think fit and proper without prejudice to

the interests and activities of the Law School;

_S ’_ (xxviii) 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;

(xxix) to execute conveyances, transfers, re-conveyances, mortgages,

leases, licences and agreements in respect of property, movable or

immovable including Government securities belonging to the Law School

or to be acquired for the purpose of the Law School;

(xxx) to appoint in order to execute an instrument or transact any

business of the Law School any person as it may deem fit;

. (xxxi) to give up and cease from carrying on any classes or departments

of the Law School ;

(xxxii) to accept grants of money, securities or property of any kind or

description on such terms and conditions as may be deemed expedient ;

(xxxiii) 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 Law 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 Law School, all expenses incidental to the raising of

money and to repay and redeem any money borrowed or debt made;


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##### 1518 THE ASSAM GAZETTE, EXTRAORDINARY SEPTEMBER 19. 2009

(xxxiv) to invest the funds of the Law School or moneys entrusted to the

Law School in or upon such securities or deposits and in such manner as

it may deem fit and from time to time transpose any investments ;

(xxxv) to make such Statutes, Regulations and other instruments as

may, from time to time, be considered necessary for regulating the

affairs and the management of the Law School and its properties and to

alter, modify and to rescind them;

(xxxvi) 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 pension, insurance, provident fund and

gratuity and other schemes as it may deem fit and to make such grants

as it may think fit for the benefit of the staff of the Law School and to

aid in the establishment and support of associations, institutions, funds

and trusts for the benefit of the staff and the students of Law School;

and

(xxxvii) to do all such other acts and things as the Law School may

consider necessary, conducive or incidental to the attainment or

enlargement of the aforesaid objects or any of them.

Teaching in 6. (1) All recognized teaching of the Law School in connection
the Law School

with the degrees, diplomas, certificates including training of the Officers shall

be conducted under the Control of the General Council by the teachers and

trainers, in accordance with the syllabus prescribed by the Regulations.

(2) The courses and curricula and the authorities responsible for organising

the teaching of such courses and curricula shall be as prescribed by the

Regulations.

President of

the Law School 7. (i) The Chief Justice of the Gauhati High Court (High Court of Assam,

Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh)

shall be the President of the Law School and in his absence, the acting

Chief justice of Gauhati High Court shall discharge the functions of the

President.

1

(2) The President, when present, shall preside over the functions of the
Law School and the meetings of the General Council.

(3) The President may himself inspect at any time or may also direct

inspection to be made by such person or persons as he may direct, of

the Law School, its buildings, libraries and equipment and of any

institution maintained by the Law School and also of the schedule


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##### THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009 1519..

training, examinations, teaching and other work conducted or done by

the Law School and cause an inquiry to be made in the like manner in

respect of any matter connected with the administration and finances of

the Law School.

(4) The President may offer such advice to the Law School as he may

deem fit with reference to the result of such inspection or inquiry.

(5) The Law School shall communicate to the President the action taken

or proposed to be taken on such advice.

(6) In case of differences among the authorities or officers of the Law

School on any matter which cannot be otherwise resolved, the decision

of the President shall be final.

(7) The President may invite a person or persons of eminence in law and

legal education to advise the Law School in relation to affairs of the Law

School as and when he deems it necessary.

**CHAPTER III**

AUTHORITIES OF THE LAW SCHOOL

Authorities of 8. The following shall be the authorities of the Law School:-
the Law School (a) the General Council;

(b) the Executive Council;

(c) the Academic Council;

(d) the Finance Committee, and

such other authorities as may from time to time be declared as such by
the General Council.

General Council

and its terms 9. (1) The General Council shall consist of the following persons:-

of Office

(i) Chief Justice of the Gauhati High Court as President;

(ii) Any Former President on invitation of the President;

(iii) two sitting or retired judges of Gauhati High Court, nominated by

the President;

(iv) Advocate General of Assam;

(v) Director General of the Law School will be the Member-Secretary of

the General Council;


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##### 1520 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009---------

(vi) an eminent educationist nominated by the Government of Assam;

(vii) a nominee of the Chairman of the Bar Council of India from

amongst the members of the Bar Council of India;

viii) Chairman, Bar Council of Assam ;

(ix) two eminent persons in the disciplines of Social Sciences and

Humanities nominated by the President;

(x) Director of the Judicial Academy established under this Act;

(xi) two eminent persons in legal or educational field, nominated by

the President;

(xii) four members from the Government of Assam among whom, one

shall be the Chief Secretary to the Government of Assam, one shall be

the Principal Secretary to the Government of Assam, Finance

Department and one shall be the Legal Remembrancer and Secretary to

the Government of Assam, Judicial Department, and one shall be the

Secretary to the Government of Assam, Higher Education Department ;

(xiii) the Registrar of the Law School; and

(xiv) all the Professors, who are the Heads of Departments in the Law

School.

(2) (i) where a person has become a member of the General Council by

reason of the post or appointment he holds, his membership shall be co­

terminus with the post held by him.

(ii) the term of office of the nominated members of the General Council

other than the ex-officio members shall be three years;

(iii) a member of the General Council shall cease to be a member if he

resigns or becomes of unsound mind, or insolvent or is convicted of a

criminal offence involving moral turpitude;

(iv) a member of the General Council other than an ex-officio member

may resign his office by a letter addressed to the President and such

resignation shall take effect as soon as it has been accepted ; and

(v) any such vacancy In the General Council shall be filled by nomination

by the respective nominating authority and on expiry of the period of

the vacancy, such nomination shall cease to be effective.

i

Powers, Junctions 10. (1) The General Council shall be the plenary authority of the Law

and meetings of

the General Council School and shall formulate and review from time to time


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##### THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1521.

the broad policies and programmes of the Law School

##### and devise measures for the improvement and development of the Law

 School and shall also have the following powers and functions, namely:-

(1) to consider and pass the annual report, financial statement and the

budget estimates prepared by the Executive Council and to adopt them

with or without modification;

(ii) to make statutes concerning the administration of the affairs of the

Law School including prescribing the procedures to be followed by the

authorities and the officers of the Law School in the discharge of their

functions; and

(iii) to recommend the person to be appointed as Director General of

the Law School from out of the panel prepared by the Selection

Committee appointed by the Executive Council, and proposed by it.

(2) (i) the General Council shall meet at least once in a year. An annual

meeting of the General Council shall be held on a date to be fixed by the

Executive Council, unless some other date has been fixed by the General

Council in respect of any year;

(ii) a report of the working of the Law School during the previous year,

together with a statement of receipts and expenditure, duly audited

balance sheet, and the financial estimates shall be presented by the

Director General of Law School to the General Council at its annual

meetings;

(iii) meeting of the General Council shall be called by the Director

General of Law School either at the request of not less than five

members of the General Council or on the direction of the President;

(iv) for every meeting of the General Council, fifteen days notice shall be

given;

(v) one-third of the members existing on the rolls of the General Council

shall form the quorum;

(vi) each member shall have one vote and if there be equality of votes

on any question to be determined by the General Council, the person

presiding over the meeting shall, in addition, have a casting vote; and

(vii) in case of difference of opinion among the members, the opinion of
the majority shall prevail.


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##### 1522 THE. ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009

Executive 11.(1) The Executive Council shall consist of the following persons, namely:-

Council

(1) the Director General of the Law School;

(ii) a nominee of the Chairman of the Bar Council of India, from amongst

its members;

( lii)the Chairman, Bar Council of the State of Assam;

(iv) one Judge of the High Court, either sitting or retired nominated by

the President;

(v) Principal Secretary to the Government of Assam, Finance

Department,

(vi) Legal Remembrancer and Secretary to the Government of Assam,

Judicial Department,

(vii) Registrar General of the Gauhati High Court;

(viii) Secretary to the Government of Assam, Higher Education

Department;

(ix ) Secretary to the Government of Assam, Personnel Department ;

( x) the Registrar of the Law School;

(xi) one Senior Grade-I, Judicial Officer, nominated by the President ;

(xii) three Senior teachers to be nominated by the Director General of

the Law School of whom, as far as possible, one shall be amongst

Heads of the Departments, one from Professors and one from Associate

Professors.

(2) The director shall be the Chairman of the Executive Council.

(3) (i) Where a person has become a member of the Executive Council

by reason of the office or appointment he holds, his membership shall

be co-terminus with the office held by him;

(ii) the term of office of the nominated members of the Executive

Council other than ex-officio members shall be three years;

(iii) a member of the Executive Council shall cease to be member, if he

resigns or becomes of unsound mind or becomes insolvent or is

convicted of a criminal offence involving moral turpitude. A member,

other than the Director General of the Law School or Registrar of the

Law School or teachers, shall also cease to be a member if he accepts a

full time appointment in the Law School or if he being a teacher fails to

attend three consecutive meetings of the Executive Council without the

leave of the Director General of the Law School;


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##### THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19. 2009 1523.

(iv) a member of the Executive Council other than an ex-officio member

may resign' his office by a letter addressed to the Director General of the

Law School and such resignation shall take effect as soon as it has been

accepted by him;

(v) any such vacancy in the Executive Council shall be filled by

nomination by the respective nominating authority and on expiry of the

period of vacancy, such nomination shall cease to be effective.

Powers, Functions 12. (l)Subject to the provision of section 10, the Executive Council

and Meetings of

the Executive Council shall be the Chief Executive Authority of the Law School and as such

shall have all powers necessary to administer the Law School subject

to the provisions of this Act and the Statutes made there under and

may make Regulations for that purpose and also with respect to matters

provided hereunder

( 2) the Executive Council shall have the following powers and functions

(i) to propose as and when required to the General Council for

appointment as Director General of the Law School, a panel of three

names after considering the recommendations of Selection Committee

constituted for that purpose by it;

(ii) to recommend the names of three persons to the President for

appointment as Registrar of the Law School on the recommendations

of the Selection Committee constituted for that purpose by it;

(iii) to prepare and present to the General Council at its annual

meetings

(a) a report on the working of the Law School;

(b) a statement of accounts; and

(c) budget proposals for the ensuing academic year ;

(iv) to manage and regulate the finances, accounts, investments,

properties, business and all other administrative affairs of the Law

School and for that purpose, constitute committees and delegate the

powers to such committees or such officers of the Law School as it may

deem fit;

(v) to invest any money belonging to the Law School, including any

unapplied income, in such 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;

(vi) to transfer or accept transfers of any movable or immovable

property on behalf of the Law School;


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##### 1524 THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009

(vii) to enter into, vary, carryout and cancel contracts on behalf of the

Law School and for that purpose to appoint such officers as it may think

fit;

(viii) to provide the buildings, premises, furniture and apparatus and

other means needed for carrying on the work of the Law School;

(ix) to entertain, adjudicate upon, and if it thinks fit, to redress any

grievances of the officers, the teachers, the students and the employees

of the Law School;

(x) to create teaching, administrative, ministerial and other necessary

posts, to determine the number and emoluments of such posts, to

specify the minimum qualifications for appointment to such posts on

such terms and conditions of service as may be prescribed by the

Regulations made in this behalf;

(xi) to appoint examiners and moderators, and if necessary to remove

them and to fix their fees, emoluments and travelling and other

allowances, after consulting the Academic Council;

(xii) to select a common seal for the Law School; and

(xiii) to exercise such other powers and to perform such other duties as

may be considered necessary; or imposed on it by or under this Act.

(3) (i) the Executive Council shall meet at least once in four months and

not less than fifteen days notice shall be given of such meeting;

(ii) the meeting of the Executive Council shall be called by the Director

General of Law School or by the Registrar either on their own or at the

request of not less than five members of the Executive Council;

(iii) six members of the Executive Council shall form the quorum at any

meeting;

(iv) in case of differences of opinion among the members, the opinion of

the majority shall prevail;

(v) each member of the Executive Council shall have one vote and if

there be equality of votes on any question to be determined by the

Executive Council, the President of the Executive Council or as the case

may be, the Member presiding over that meeting shall, in addition, have

a casting vote;

(vi) every meeting of the Executive Council shall be presided over by the

Director General of the Law School and in his absence by a member


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THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1525.

(vii) If urgent action by the Executive Council becomes necessary, the

Director General of the Law School may permit the business to be

transacted by circulation of papers to the members of the Executive

Council. The action so proposed to be taken shall not be taken unless

agreed to by a majority of members of the Executive Council. 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 confirmation.

Academic 13. (l)The Academic Council shall consist of the following persons, namely:-

Council

(i) the Director General of the Law School who shall be the Chairman

thereof;

(ii) one Judge of the Gauhati High Court, either sitting or retired,

nominated by the President;

(Hi) Registrar General of the Gauhati High court ;

(iv) the Registrar of the Law School;

(v) three persons from amongst retired Judges of the High Court or

educationists of repute or men of letters or members of the legal

professions or eminent public men, who are not in the service of the Law

School, nominated by the President;

(vi) all the Heads of the Departments of the Law School;

(vii) all Professors other than the Heads of the Department; and

(viii) two members of the teaching staff, one each respectively

representing the associate and assistant professors of the Law School

nominated by the Director General of Law School for the term specified;

(ix) a nominee of the Bar Council of India;

(x) a nominee of the Bar Council of Assam ;

(2) The term of the members other than ex-officio members and those

whose term is not specified by any of the clauses of sub-section (1) shall

be three years:

Provided that the term of the members of the first Academic

Council shall be,five years.

Powers, functions 14. (1) Subject to the provisions of the Act, Statutes and Regulations and

and meetings of
the Academic

overall supervision of the Executive Council, the Academic Council shall

Council

manage the academic affairs and matters of the Law School and in


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##### 1526 THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009

(i) to report on any matter referred or delegated to it by the General

Council or the Executive Council;

(ii) to make recommendations to the Executive Council with regard to

the creation, abolition or classification of teaching posts in the Law

School and the emoluments payable and the duties attached thereto;

(iii) to formulate and modify or revise schemes for the organisation of

the faculties, and to assign to such faculties their respective subjects

and also to report to the Executive Council as to the expediency of the

abolition or sub-division of any faculty or the combination of one faculty

with another;

(iv) to recommend arrangements for the training, instruction and

examination of persons other than those enrolled in the Law School;

(v) to promote research within the Law School and to require from time

to time, reports on such research;

(vi) to consider proposals submitted by the faculties;

(vii) to suggest policies for admissions to the Law School;

(viii) to recommend, recognize diplomas and degrees of other Law

School and institutions and to determine their equivalence in relation to

the certificates, diplomas and degrees of the Law School;

(ix) to fix, subject to any conditions accepted by the General Council,

the time, mode and conditions of competition for Fellowships,

Scholarships and other prizes and to recommend for award the same;

(x) to make recommendations to the Executive Council in regard to the

appointment of examiners and if necessary their removal and fixation of

their fees, emoluments and travelling and other expenses;

(xi) to recommend arrangements for the conduct of examinations and

the dates for holding them;

(xii) to declare or review the 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, honours, diplomas,

licenses, titles and marks of honour;

(xiii) to recommend stipends, scholarships, medals and prizes and to

make other awards in accordance with the Regulations and such other

conditions as may be attached to the awards;

(xiv) to approve or revise lists of prescribed or recommended text books

and to publish the same and syllabus at the prescribed courses of study;

(xv) to approve such forms and registers as are, from time to time,

required by the Regulations; and


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##### THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009____ 152L

(xvi) 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 made thereunder,

(2) (i) The Academic Council shall meet as often as may be necessary,

but not less than two times during an academic year;

(ii) one half of the existing members of the Academic Council shall form

the quorum for a meeting of the Academic Council;

(iii) in case of difference of opinion among the members, the opinion of

the majority shall prevail;

(iv) each member of the Academic Council, including the Chairman of

the Academic Council, have one vote and if there 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 meetings, shall in addition, have a casting vote;

(v) every meeting of the Academic Council shall be presided over by the

Director General of Law School and in his absence by a member chosen

in the meeting to preside on the occasion;

(vi) if urgent action by the Academic Council becomes necessary, the

Chairman of the Academic Council may permit 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, by a majority of the members of the Academic Council. The

action so taken shall forthwith be intimated to all the members of the

Academic Council. The papers shall be placed before the next meeting of

the Academic Council for confirmation.

Finance 15.(1) There shall be a Finance Committee constituted by the Executive

Committee

Council consisting of the following:-

(1) the Director General of Law School;

(ii) the Registrar of Law School; and

(iii) three members nominated by the Executive Council from amongst

its members out of whom at least one shall be from those nominated by

the President and one from among them nominated by the Government

of Assam.

(2) The members of the Finance Committee other than the Director

General of Law School and Registrar of Law School, shall hold office so


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##### 1528 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009

(3) The functions and duties of the Finance Committee shall be as

fol lows

(i) to examine and scrutinize the annual budget of the Law School and

to make recommendations on financial matters to the Executive Council;

(ii) to consider all proposals for new expenditure and to make

recommendations to the Executive Council.

(iii) .to consider the periodical statement of accounts and to review the

finances of the Law School from time to time and to consider re-

appropriation statements and audit reports and to make

recommendations to the Executive Council;

(iv) to give its views and to make recommendations to the Executive

Council on any financial question affecting the Law School either on its

own initiative or on reference from the Executive Council or the Director

General of Law School.

(4) The Finance Committee shall meet at least thrice in every year.

Three members of the Finance Committee shall form the quorum.

(5) The Director General of Law School shall preside over the meetings

of the Finance Committee, and in his absence, the Registrar of Law

School shall preside. In case of difference of opinion among the

members, the opinion of the majority of the members present shall

prevail.

**CHAPTER-IV**

OFFICERS OF THE LAW SCHOOL

Officers of the 16. The following shall be the officers of the Law School:-

Law School

(a) the Director General of the Law School;

(b) the Registrar of the Law School;

(c ) Heads of the Departments;

(d) such other officer as may be prescribed by the Statutes or

Regulations.

The Director 17. (1) The Director General of the Law School shall be an academic person
General of
Law School and an outstanding scholar in law with published works o f high quality

to his credit or a person who has been a judge of the High Court. He should,

in the estimation of the General Council, be capable o f providing effective


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##### THE ASSAM GAZETTE. EXTRAORDINARY SEPTEMBER 19, 2009 1529.

 leadership to the Law School community. He shall be appointed by the

 President on the basis of the recommendations of the General Council from

 out of the panel prepared by the Selection Committee appointed by the

 Executive Council and proposed by the Executive Council. The term of the

 office of the Director General of the Law School is initially for a period of

 not more than three years and he is eligible for re-appointment. On the

 expity of his term, he shall continue in office until his successor is appointed

 or an alternative arrangement is made by the President, whichever is earlier.

 (2) The Director General of Law School shall, -

 (i) ensure that the provisions of this Act, Statutes and Regulations are duly

 observed, and he shall have all powers as are necessary for that purpose;

 (ii) 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;

 (iii) preside over the meetings of the General Council in the absence of the

 President;

 (iv) be the competent authority to appoint the teachers, librarians, Accounts

 Officer and other officers in consultation with the President on the

 recommendations of the Selection Committee appointed by the Executive

 Council thereof for that purpose in accordance with the guidelines

 prescribed;

 (v) be the competent authority to take disciplinary action against the above

 officers in accordance with the procedure prescribed;

 (vi) have all powers relating to the maintenance of proper discipline in the

 Law School;

 (vii) if, in the opinion of the Director General of Law School, any

 emergency has arisen which requires immediate action be taken, he shall

 take such action as he may deem fit and shall report the same for

 confirmation in the next meeting of the authority which in the ordinary

 course would have dealt with the matter.

The Registrar 18, (1) The Registrar of the Law School shall be appointed by the
of Law School


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1530 TH E A S S A M GAZETTE, EXTRAO RD INARY, SEPTEM BER 19, 2009_______,

appointed by the Executive Council on such terms and conditions o f service

as it may specify, subject to the provisions of Statutes and Regulations.

(2) (i) Except those authorities, committees and other bodies where

Director General is the Member-Secretary, the Registrar ofthetheLaw

School shall be Ex-Officio Member-Secretary of ail the authorities,

Com.mittees and other bodies of the Law School and shall also be the

Convener of all the meetings. He shall note and maintain the minutes of

meetings;

(ii) the Registrar of the Law School shall be the principal administrative

officer of the Director General of the Law School in all matters

pertaining to the administration of the Law School. The Executive

Council may entrust to him special responsibilities and powers;

(iii) the Registrar of the Law School shall have the power to appoint in

consultation with the Director General of the Law School, the non­

teaching staff including employees of last grade service and contingent

staff in pursuance of the recommendations of the Selection Committee,

appointed for that purpose, in the prescribed manner. He shall be the

competent authority to take disciplinary action against such employees

in accordance with such procedure as may be prescribed by the

Regulations;

(iv) the Registrar of the Law School shall comp'y with all directions and

orders of the Executive Council and Director General of the Law School;

(v) the Registrar of the Law School shall be the custodian of records,

common seal and such other property of the Law School as the

Executive Council shall commit to his charge.

Heads of the 19. (1) There shall be a Head for each Department in the Law School.

Departments

(2) The powers, functions, appointments and conditions of service of

the Heads of the Departments shall be as prescribed by the

Regulations.

Other officers 20. (1) Subject to the Regulations made for the purpose, every

and employees officer or employee o f the Law School shall be appointed in

accordance with a written contract which shall be lodged with the Law

School and a copy thereof shall be furnished to the officer or employee

concerned.

(2) Any dispute arising out of a contract between the Law School and

any of its officers or employees shall, at the request of the officer or the


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the ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009 1531.

Selection 21. The Executive Council shall constitute various Selection Committees

Committees

for appointment to the posts of officers and non-teaching staff including

last grade service and. contingent staff. The procedure for appointment

of members of Selection Committees and the procedure to be adopted

by the Committees shall be as may be prescribed by the Statutes or the

Regulations as the case may be.

Statutes and 22. (1) The first Statutes of the Law School shall be made by the

Regulations Director General with the approval of the President. They shall be placed

before the General Council at its first meeting, which may adopt them

with or without modifications

(2) The first Regulations of the Law School shall be made by the Director

General of the Law School in consultation with the President. They shall

be placed before the Executive Council at its first meeting which may

adopt them with or without modifications.

Appointment 23. Notwithstanding anything in this Act. and the Statutes, the first
of first Director
General and first Director General and the first Registrar of the Law School shall be
Registrar of
Law School appointed by the President on a salary, to be fixed by him and each

of the said officers shall hold office for a period to be fixed by him but

not exceeding three years.

**CHAPTER-V**

GENERAL

Deemed validity 24. Notwithstanding anything contained in any other law, or instrument
of appointments

having the force of law, for the time being in force, the appointments made

to any post in the Law School in accordance with the Statutes and

Regulations shall be deemed to be valid and in accordance with law.

Vacancy, etc., not 25. No act or proceeding of the General Council, the Executive Council
to invalidate any

act or proceeding or any other authority or Officer or Council of the Law School

shall be invalidated or questioned on the ground merely of the

existence of any vacancy or defect in the constitution thereof.

Indemnity against 26. No suit, prosecution or other legal proceedings shall lie against the Law

General Proceedings

School or any authority or officer or employee of the Law School for

anything which is in good faith done or intended to be done in pursuance

of the provisions of this Act, or the Statutes or Regulations or Rules

made there under.

Overriding effect.

27. The provisions of this Act and the Rules, Statutes and Regulations

made thereunder shall have effect notwithstanding anything inconsistent

contained therewith in any other law or instrument having the force


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1532 THE ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009 x

Power to remove 28.If any difficulty arises as to the first constitution or reconstitution

difficulties .              - c noitostea V e-iac. ?. >>

of any authority o f the Law School after the commencement o f this Act or

otherwise in giving effect to the provisions o f this Act, the President may,

by order, make such provisions, not inconsistent with the provisions o f this

Act, as may appear to him to be necessary or expedient for removing the

difficulty. Provided that no such order shall be made after expiry of five

years from the date of commencement of this Act.

**CHAPTER - VI**

**JUDICIAL ACADEMY**

Academy to be 29.(l)The Academy shall be the part and parcel of the Law School
the part & parcel
of the Law School and shall impart comprehensive legal training and research facilities

to the Judicial Officers and court personnel.

(2) The Academy shall have the right to use all the infrastructural

facilities of the Law School.

Functions of the 30. **The Academy shall, ~**

Academy

(a)impart pre-service and in-service training to the judicial officers

and court personnel;

(b) develop the skills and techniques for court management, case

management, delay reduction, alternate dispute resolution and judgment

writing;

(c) conduct examinations and award certificates and diplomas;

(d) develop training courses relating to administration of justice

including use of information technology;

(e) hold conferences, seminars, lectures, workshops and symposia

relating to court management, administration of justice, law and

development and legislative drafting;

(f) publish books, journals, research papers and reports on

important topics relating to administration of justice;

I (g) promote research on case management, court management, trial

skills and judicial reasoning;

(h) encourage legal and constitutional research;

(i) inculcate and promote ethical values and standards in' judicial

officers and court personnel;

Q) coordinate with other educational and training institutions


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##### _________THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009------ 153T

(k) conduct training and examinations of other officers and personnel

on the direction of the Board; and

(l) perform such other functions as may be assigned to it by the

Board.

Manner of training. 31. (l)The Academy shall use all modern techniques for imparting

judicial training, teaching methods and evaluation system shall be at

par with international standards.

(2) The Academy may enter into arrangements with other recognized

public and private institutions for imparting training.

(3) The Academy shall institute a quality examination and evaluation

system with regard to the training imparted

Board of Management. 32. (1) The management and administration of the Academy shall vest in the

Board.

(2)The Board shall consist of-

(a) President of the Law School Chairperson

(b) Two Judges of the Gauhati High Court Member

sitting or retired, nominated by the Chairperson;

(c) Director General of the Law School Member

(d) Additional Chief Secretary to the Government

of Assam, Member

(e) Registrar General , Gauhati High Court Member

(f) Secretary to the Government of Assam

Finance Department Member

(g) Secretary to the Government of Assam Member

Judicial Department;

(h) A District & Sessions Judge Member

nominated by the Chairperson; and

(i) Director of the Academy Member- Secretary

(3) The existence of a vacancy in the Board shall not invalidate an act

or proceedings of the Board.

Meetings of the Board 33. (1) The Board shall meet at least thrice in a calendar year.

(2) The Director shall convene a meeting of the Board on the direction of

Chairperson or written request of three or more members.

(3) In the meeting of the Board,-

(a) the Chairperson, or in his absence, a member nominated by the

Chairperson shall preside;


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##### 1534 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19. 2009 Jr

(b) five members shall constitute the quorum;

(c) all decisions of the Board shall be taken by simple majority;

(d) the Chairperson or a member presiding shall have a casting vote;

and

(e) the Director shall record the minutes of the meeting.

Powers and 34. (1) The Board shall-

functions of
the Board

(a) exercise supervision and control over the affairs of the Academy;

(b) lay down the policy and programme for training and approve courses

of the Academy;

(c) evaluate or cause to be evaluated the performance of the Academy;

(d) approve the annual budget and revised budget estimates of the

Academy;

(e) cause proper books of accounts to be maintained for all sums of

money received and expenditures incurred by the Academy and arrange

for the audit of accounts;

(f) determine the terms and conditions of service of the Director of the

Academy and staff of the Academy;

(g) create, abolish or upgrade a post;

(h) appoint an officer up to clerical grade ; and

(i) prescribe qualifications, conditions of service and other matters

relating to faculty, officers and staff.

(2) The Board may, -

(a) purchase, acquire, hire, dispose of or construct any property for the

Academy;

(b) hold, control and administer the property of the Academy;

(c) receive grants-in-aid and donations from the Central Government,

the Government or any other organization, person or agency;

(d) regulate, determine and administer all matters concerning the

Academy;

(e) appoint advisors, consultants and experts for assistance;

(f) appoint or hire permanent or visiting faculty;

(g) assign a specific power to a person or organization; and

(h) exercise[1] any other power ancillary to the aims and objects of the

Academy.

(3) The Board may delegate all or any of its powers or functions to the

Chairperson, a member or a committee of members.

Director of the 35. (1) The Chairperson shall appoint the Director of the Academy
Academy

for a term of four years on the recommendation of the Board.


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##### THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1535.

(2) The Director may resign by tendering his resignation to the

Chairperson and shall cease to hold office upon acceptance of his

resignation.

(3) The Chairperson on the recommendation of the Board may, after

providing an opportunity of being heard, remove the Director of the

Academy during the term of his office.

(4) The Director of the Academy shall be a person who has been a

Judge of the Gauhati High Court or a District Judge.

(5) The Director of the Academy shall be the chief executive officer of

the Academy and shall be responsible for the affairs of the Academy

before the Board.

(6) The Director of the Academy shall be the principal accounting

officer of the Academy.

(7) The Director of the Academy shall, within two months of conclusion

of each financial year, submit annual report to the Board containing

performance and proposals for the improvement in the performance of

the Academy.

Appointment of 36.(1) The Board or the Director may appoint officers and
officers and staff

staff of the Academy in accordance with the provisions as may

be provided by the Board for appointment on direct recruitment,

deputation, promotion or on contract basis.

(2) The Board shall determine the manner and the terms and conditions

of appointment of officers and staff of the Academy.

(3) The Board shall determine qualification and experience of the

teaching staff of the Academy taking into account of the qualification

and experience provide for such staff in the world renowned Judicial

Academies.

Fund 37. (1) There shall be a separate fund in the Law School to be known

as the Judicial Training Fund.

(2) The Director of the Academy shall ensure the deposit of the income of

the Academy in the Fund and incurring of the expenditures of the Academy

from the Fund.

(3) The sources of income of the Fund shall be, -

(a) grants made by the Government ;

(b) donations, endowments and grants from any individual, organization

or agency, whether national or international;

(c) sale proceeds of the property and publications of the Academy; and

(d) any other sum received by the Academy from any lawful source.

(4) The Fund shall be kept in such custody, for being utilized and

regulated in the manner prescribed by the Rules.


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##### 1536 THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009

Budget and 38.(1) The Director of the Academy shall utilize the Budget and maintain

accounts. the accounts of the Academy in the prescribed manner.

(2) The Director of the Academy shall prepare the Budget of the

Academy for each financial year.

(3) The Director shall not incur any expenditure from the Fund without

the approval of the Board.

Audit 39. (1) The Board shall appoint a chartered accountant or a firm of

chartered accountants to audit the accounts of the Academy.

(2) The Director of the Academy, with the approval of the Board,

within six months of the close of the financial year, shall submit to

the Government the annual statement of accounts of the

Academy along with the report of the auditor.

Submission 40. (1) The Director of the Academy shall, with the approval of the

of the report

Board within the period of six months of the close of the financial

Year shall submit performance reports in the meeting of the Board,

which shall include the following

(a) details of courses run and designed by the Academy ;

(b) details of examinations carried out by the Academy ;

(c) research work done by the Academy ;

(d) the quality of training imparted at the Academy ;

(e) the standard of the students trained at the Academy and any other

subject matter as may be directed by the Chairman.

(2) The Director shall, within a month of submission of the above reports

in the meeting of the Board, shall place the same before the Finance

Committee of the Law School.

Power to 41. (1) The Government may, by notification in the official Gazettee, make
make rules

rules for carrying out the purposes of this Act.

(2) All the rules made under this Act shall be laid, as soon as may be

after they are so made, before the House of the State Legislature, while it is

in session, for a period of not less than fourteen days which may be

comprised in one session or in two successive sessions and if before the

expiry of the session in which they are so laid or of the session immediately

following, the House of the State Legislature makes any modification in any

of such rules or resolves that any such rules should not be made, such


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##### THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1537.

rules shall thereafter have effect only in such modified form or be of no

effect, as the case may be, so however, that any such modification or

annulment shall be without prejudice to the validity of anything previously

done thereunder.

##### MOHD. A. HAQUE,
 Secretary to the Government of Assam,
 Legislative Department, Dispur.

GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21

(Ex-Gazette) No. 609-500+600-19-9-2009.


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