The Doctor Ram Manohar Lohiya National Law University Act,2005

English — official source version

english_28_of_2005.pdf.txt

  

710 

 

 DOCTOR RAM MANOHAR LOHIYA [NATIONAL LAW 

UNIVERSITY UTTAR PRADESH ACT]1, 2005 

(U. P. Act No. 28 of 2005)2 

 Amended by  

U. P. Act No. 26 of 2006 

U. P. Act No. 35 of 2006 

 U. P. Act No. 05 of 2009 

U. P. Act No. 09 of 2015 

[As passed by the Uttar Pradesh Legislature, assented to by 

the Governor on December 16, 2005 and published in U.P. Gazette 

extraordinary on December 19, 2005] 

 AN 

ACT 

 to establish and incorporate a National Law [University]1 at 

Lucknow in Uttar Pradesh and to provide for matters connected 

therewith or incidental thereto.    

IT IS HEREBY enacted in the Fifty-sixth Year of the Republic of 

India as follows :— 

Short title and 
commencement 

1. (1) This Act may be called 1[Doctor Ram Manohar Lohiya 

National Law University Uttar Pradesh Act], 2005.  

(2) it shall come into force on such date as the State 

Government may, by notification, appoint. 

Definitions 2.  In this Act, unless the context otherwise requires,— 

(i) “Academic Council” means the Academic Council of the 

Sansthan constituted under section 21 ;  

(ii) [Vice-Chancellor] 3  means the [Vice-Chancellor]3 of the 

[University]1 appointed under section 27 ;  

 

 

 

 

(iii) “Executive Council” means the Executive Council of the 

Sansthan constituted under section 14 ;  

(iv) “General Council” means the General Council of the 

Sansthan constituted under section 9 ;  

 (v) “Prescribed” means prescribed by regulations ; 

(vi) “Registrar” means the Registrar of the [University]1 

appointed under section 29 ;  

 (vii) “Regulations” means the regulations of the [University]1 

made under section 32 ; 

(viii) [University]1 means Doctor Ram Manohar Lohiya [National 

Law University]1 Uttar Pradesh established under section 3 ;  

 (ix) “Secretary-in-Charge” means the Principal Secretary or the 

Secretary, as the case may be, of the concerned department of 

Government of Uttar Pradesh ; 
 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 

2. For S.O.R. see at the end of the Act. 

3. Subs. by sec. 2 of U.P. Act No. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005]  

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  (x) “Senior Administrative officers of the State” means officers 

of the Indian Administrative Service and Provincial Civil Service of 

Uttar Pradesh posted in the [University]1 by the State Government ; 

 (xi) “Teacher” means a teacher employed by the [University]1 for 

imparting education and guiding and conducting research in the 

[University]1 ;    

 (xii) “Visitor” means the Visitor of the [University]1 referred to in 

section 7. 

Establishment 
and 

incorporation 
of the 

[University]1 

3. (1) With effect from such date as the State Government may 

by notification appoint, there shall be established in the State of Uttar 

Pradesh an [University]1  by the name of Doctor Ram Manohar Lohiya 

[National Law University]1 Uttar Pradesh.  

 

 

 

 

(2) The [University]1  shall be a body corporate. 

(3) The headquarters of the [University]1 shall be at Lucknow. 

(4) In relation to the [University]1  to be established under this 

section, —  

 (a) the State Government shall appoint interim officers of the 

[University]1  and constitute interim authorities of the [University]1  in 

such manner, as it thinks fit ;  

 (b) the officers appointed and members of the authorities 

constituted under clause (a) shall hold office until the appointment of 

officers or the constitution of the authorities in accordance with clause 

(c) or such other earlier date as may be specified by the State 

Government in this behalf : 

 Provided that the State Government may, be notification, 

extend the term of members of such authorities for a period not 

exceeding two years; 

 

 

 

(c) the State Government shall take steps for the appointment 

of officers and constitution of authorities of the [University]1  in 

accordance with the provisions of this Act, so that the same may be 

completed before the expiry of the respective terms of the interim 

officers and members under clause (b). 

Objectives of 
the 

[University]1 

4. The objectives of the [University]1 shall be, — 

(i) to advance and disseminate learning and knowledge of law 

and legal processes and their role in national development ;  

 (ii) 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, legislation, law 

reforms in the existing laws and the like ; 

 (iii) to organize lectures, seminars, symposia and conferences, 

to promote legal knowledge and to make law and legal processes 

efficient instrument of social development ; 

 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

714 

 (iv) to hold examinations and confer degrees and other 

academic distinctions ; and  

(v) to do all such things as are incidental, necessary or 

conductive to the attainment of all or any of the objectives of the 

[University]1.   

Powers and 
functions of 
the 

[University]1 

5. The powers and functions of the [University]1 shall be, — 

(i) to administer and manage the [University]1 and such centers 

for research, education and instruction as are necessary for the 

furtherance of the objectives of the [University]1 ; 

 (ii) to provide for instructions in such branches of knowledge of 

learning pertaining to law, as the [University]1 may deem fit and to 

make provision for research and for the advancement and 

dissemination of knowledge of law ;  

 (iii) to sponsor and undertake research in all aspects of law, 

justice and social development ; 

(iv) to prescribe qualifications and to regulate the admission of 

students to the [University]1 for a course of study for a degree or a 

diploma ; 

 (v) to organize and undertake extra mural teaching and 

extension services ; 

(vi) to hold examinations and to grant diplomas or certificates, 

and to confer degrees and other academic distinctions on persons 

subject to such conditions as the Sansthan may determine and to 

withdraw any such diplomas, certificates, degree or other academic 

distinctions for good and sufficient cause ;  

 

 
(vii) to confer honorary degree or other distinctions in such 

manner as may be prescribed ; 

(viii) to fix, demand and receive fees and other charges ;  

 (ix) to Institute and maintain halls and hostels and to recognize 

places of residence for the students of the [University]1 and to 

withdraw such recognition accorded to any such place of residence ; 

(x) to supervise and control the residence, and to regulate the 

discipline, of the students of the [University]1 and to make 

arrangements for prompting their health ; 

 (xi) to make arrangements in respect of the residence, discipline 

and teaching of students ; 

(xii) to create academic, technical, administrative, ministerial 

and other posts with the prior approval of the State Government ;  

 (xiii) to regulate and enforce discipline among the employees of 

the [University]1 and to take such disciplinary measures as may be 

deemed necessary ;  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act No. 35, 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

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(xiv) to institute professorships, [Associate/Assistant 

Professorship] 1 , lectureships, and any other teaching, academic or 

research posts required by the [University]2 with the prior approval of 

the State Government ; 

 
(xv) to appoint persons as professors, readers, lecturers or 

otherwise as teachers and research scholars of the [University]2 ; 

(xvi) to institute and award fellowships, scholarship, prizes and 

medals ; 

 
(xvii) to provide for printing, reproduction and publication of 

research and other works and to organize exhibitions ; 

(xviii) to co—operate with any other organization in the matter 

of education, training and research in law, justice, social development 

and allied subject for such purposes as may be agreed upon on such 

terms and conditions as the [University]2 may from time to time 

determine ; 

 
(xix) to co-operate with institutions of higher learning in any 

part of the world having objects wholly or partially similar to those of 

the [University]2, by exchange of teacher and scholars and generally in 

such manner as may be conductive to the common objects ; 

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

the [University]2 ; 

(xxi) to establish and maintain, within the premises of the 

[University]2 or elsewhere, such class and study halls as the 

[University]2 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]2 ; 

 
(xxii) to receive grants, subventions, subscriptions, donations 

and gifts for the purpose of the [University]2 and consistent with the 

objectives for which the [University]2 is established ; 

 
(xxiii) to purchase, take on lease or accept as gifts or otherwise, 

any land or building or works, which may be, necessary or convenient 

for the purpose of the [University]2, on such terms and conditions as it 

may think fit and proper, and to construct, or to alter and maintain, 

any such building or works ; 

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

portion of the properties of the [University]2, movable or immovable, on 

such terms as it may deem fit and proper without prejudice to the 

interest and activities of the [University]2 : 

 
Provided that where the properties have been created with the 

financial assistance of the State or the Central Government prior 

approval of the State Government shall be necessary ; 

—————————————————————————————————————————— 
1. Subs. by sec. 3 of  U. P. Act no. 35 of 2006. (for the word readership.) 

2. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

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 (xxv) to draw and accept, to make and endorse to discount and 

negotiate, Government of India and other promissory notes, bills of 

exchange, cheques or other negotiable instruments ;  

 (xxvi) to execute conveyances transfer, re-conveyances, 

mortgages, leases, licenses and agreements in respect of property, 

movable or immovable including Government securities belonging to 

the [University]1 or to be acquired for the purpose of the [University]1 

with prior approval of the State Government ; 

 (xxvii) to appoint in order to execute an instrument or transact 

any business of the [University]1, any person as it may deem fit ; 

(xxviii) to enter into any agreement with Central Government, 

State Government, the University Grants Commission or other 

authorities for receiving grants ;  

 (xxix) to raise and borrow money on bonds, mortgages, 

promissory  notes or other obligations or securities, funded or based 

upon all or any of the properties and assets of the [University]1 or 

without any securities and upon such terms and conditions as it may 

deem fit and to pay out of the funds of the [University]1 all expenses 

incidental to the raising of money, and to repay and redeem any money 

borrowed ;  

 (xxx) to invest the funds of the [University]1 or fund entrusted 

to the [University]1 in or upon such securities and in such manner as 

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

 (xxxi)  to constitute for the benefit of the academic, technical, 

administrative and other staff, in such manner and subject to such 

conditions as may be prescribed by the regulations, such as pension, 

insurance, provident fund and gratuity as it may deem fit and to make 

such grants as it may think fit for the benefit of any employees of the 

[University]1 and to aid in establishment and support of the 

associations, institutions, funds trusts and conveyance calculated to 

benefit the staff and the students of the [University]1; 

 (xxxii) to do all such other acts and things as the [University]1 

may consider necessary, conducive or incidental to the attainments or 

enlargements of all or any of its objectives.  

Teaching in 

the 
[University]1 

6. (1) All recognized teaching in connection with the degrees, 

diplomas and certificates of the [University]1 shall be conducted under 

the control of the General Council by the teachers of the [University]1 

in accordance with such syllabus as may be prescribed. 

(2) The courses and curricula and the authorities responsible 

for organizing such teaching shall be such as may be prescribed. 

Visitor of the 
[University]1 

7. 2[(1) The Chief Justice of India shall be the Visitor of the 

University :  

Provided that in case the Chief Justice of India does not give his 

consent to hold the office of  the Visitor of the  University, he shall then  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 

2. Ins. by sec. 2  of  U. P. Act no. 9 of  2015. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

720 

 nominate any sitting Judge of the Supreme Court of India to hold the 

office of the Visitor of the University.]1 

(2) The Visitor shall have the right to cause inspection to be 

made, by such person or persons as he may direct, of the [University]2, 

its buildings libraries and equipments and of any Institution 

maintained by the [University]2, and also of the examinations teaching 

and other work conducted or done by the [University]2 and to cause an 

inquiry to be made in like manner in respect of any matter connected 

with the administration and finances of the [University]2.  

 (3) The Visitor shall give notice to the [University]2 of his 

intention to cause an inspection or inquiry to be made and the 

[University]2 shall be entitled to appoint a representative who shall 

have the right to be present and be heard at such inspection of 

inquiry.     

 (4) The Visitor may address the Director with reference to the 

result of such inspection or inquiry and the Director shall 

communicate to the General Council the Views of the Visitor along 

with such advice as the Visitor may have offered on the action to be 

taken thereon.  

 (5) The General Council shall communicate through the  

[Vice-Chancellor]3 the Visitor such action, if any, as it proposes to take 

or has been taken on the result of such inspection or inquiry.  

Authorities 
of the 

[University]2 

8.  The following shall be the authorities of the [University]2 :— 

(i) the General Council ; 

(ii) the Executive Council ; 

 (iii) the Academic Council ; 

(iv) the Finance Committee ; and 

(v) such other authorities as may be prescribed.  

General 

Council 
9.  (1) There shall be a General Council of the [University]2 

which shall consist of the following members, namely :— 

1. Ex-officio Members 

(i) The Chief Minister of Uttar Pradesh. 

 (ii) The Chief Justice of High Court of Judicature, at Allahabad. 

(iii) The Minister of Law Government of Uttar Pradesh. 

(iv) The Minister of Higher Education Government of Uttar 

Pradesh. 

 (v) The Advocate General, Uttar Pradesh. 

4[(v-a) The Chairman, Bar Council of India.] 

(vi) The Chairman, State Bar Council, Uttar Pradesh. 

—————————————————————————————————————————— 
1. Ins. by sec. 2 of U.P. Act no. 9 of 2015. 

2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

3. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 

4. Ins. by sec. 2  of  U. P. Act no. 26  of  2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

722 

 (vii) The Secretary-in-charge of Judicial Department, Govern-

ment of Uttar Pradesh. 

(viii) The Secretary-in-charge of Finance Department Govern-

ment of Uttar Pradesh.  

 (ix) The Secretary-in-charge of Higher Education Department, 

Government of Uttar Pradesh.  

(x) The [Vice-Chancellor]1 of the [University]2.   

 II. Nominated Members 

(i) one Judge of the High Court of Judicature at Allahabad 

nominated by the chief Justice of the said High Court ; 

 (ii)   [  X  X  X  X  ]3 

(iii)  [  X  X  X  X  ]4 

 (iv) a Vice-Chancellor of a University of Uttar Pradesh to be 

[nominated by the Chairperson of the General Council.]5 

 (v) one nominee of the Bar Council of India from amongst its 

members ; 

(vi) five eminent persons in the field of law to be [nominated by 

the Chairperson of the General Council.] 6 

  [(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.] 7 

Term of 
Office of 
members of 

the General 
Council 

10. (1) The term of the 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 cause 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]1 

accepts a full time appointment in the [University]2 or if he fails 

to attend three consecutive meetings of the General Council 

without the leave granted by the [Chairperson]1 or acts against 

the interests of the [University]2. 

 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 
2. Subs. by sec. 2 of U.P. Act no. 35, 2006. 
3. Omit. by sec. 3  of  U. P. Act no. 5 of 2009. 

4. Omit. by sec. 3 of  U. P. Act no. 5 of 2009. 

5. Subs. by sec. 3(b) of  U. P. Act no. 5 of 2009. 

6. Subs. by ibid. 

7. Ins. by sec. 3  of  U. P. Act no. 9  of  2015. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

724 

 (4) A member of General Council may resign his office by a 

letter addressed to the [Chairperson]1 and such resignation shall take 

effect as soon as it has been accepted by the [Chairperson]1.  

 (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 hold office so long only as the member in 

whose place he is appointed or nominated could hold office if the 

vacancy had not occurred.   

Powers of the 

General 
Council 

11. The General Council shall have the following powers, 

namely ; 

(i) to appoint [Vice-Chancellor]1 of the [University] 2  under the 

provisions of this Act ;  

 (ii) to exercise the powers and functions of the [University]2 

referred to in section 5 except where such powers are given to some 

other authority or officer of the [University]2 under the provisions of 

this Act ; 

 (iii) to review from time to time the broad policies and 

programmes of the [University]2 and to take measures for the 

improvement and development of the [University]2  ; 

(iv) to consider and pass resolutions as deemed fit on the 

annual report, financial estimates, annual accounts and the audit 

reports on such accounts ; 

 (v) to delegate all or any of its powers to the [Vice-Chancellor]1 

or any committee or any sub-committee or to any one or more of its 

members, and  

(vi) to perform such other functions as it may deem necessary 

for the efficient functioning and administration of the [University]2. 

Meeting of 

the General 
Council 

12. (1) The General Council shall meet atleast once in a year 

and [atleast ten days notice]3 shall be given for its meetings.    

(2) [The Chairperson]1 shall preside over the meeting of the 

general Council and in his absence; any member duly authorized by 

the [Chairperson]1 shall preside over the meeting.  

 (3) One third of the total number of members of the General 

Council shall form a quorum for a meeting. 

(4) Each member shall have one vote and if there be equality of 

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

[Chairperson]1 or the person presiding over the meeting shall, in 

addition have a casting vote.  

 (5) If urgent action by the General Council becomes necessary, 

the [Chairperson]1 may permit the business to be transacted by circulation  

 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 

2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 
3. Subs. by sec. 4  of  U. P. Act no. 35 of 2006. (for fifteen days). 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

726 

 of papers to the members of the General Council. The action proposed 

to be taken shall not be taken unless agreed to by one-third of the total 

members of the General Council. The action so taken shall be 

forthwith intimated to all the members of the General Council and the 

papers shall be placed before the next meeting of [the General 

Council.]1   

 (6) A report of the working of the [University] 2  during the 

previous year, together with a statement of receipts and expenditure, 

the balance sheet as audited, and the financial estimate shall be 

presented by the [Vice-Chancellor] 3  to the General Council at its 

annual meeting. 

The 
executive 
Council 

13. (1) The Executive Council shall be the chief executive body 

of the [University]2. 

(2) The administration, management and control of the 

[University]2 and the income thereof shall be vested with the Executive 

Council which shall control and administer the property and funds of 

the [University]2. 

Constitution 
of the 
Executive 

Council 

14. (1) The Executive Council shall consist of the following 

members, namely :— 

(i) the [Vice-Chancellor]3 ; 

(ii) Three members of the General Council to be 
4[nominated by the Chairperson of the General Council]  ; 

 5 [(ii-a) The Chairman, Bar Council of India, or his  

nominee.]; 

(iii) The Chairman of the State Bar Council, Uttar Pradesh ; 

(iv) The Secretary-in-charge of Judicial Department, 

Government of Uttar Pradesh ; 

 (v) The Secretary-in-charge of Finance Department Govern-

ment of Uttar Pradesh ; 

(vi) The Secretary-in-charge of Higher Education Depart-

ment, Government of Uttar Pradesh ; 

(vii) Two eminent educationists 4[nominated by the 

Chairperson] of the General Council]; 

 (viii) Two persons of social eminence 6[nominated by the 

Chairperson of the General Council]; 

(ix) Two 7[Senior Professors] of the [University]2, by rotation 

according to seniority. 

 (2) The [Vice-Chancellor]3 shall be the [Chairperson]3 of 

Executive Council and the Registrar shall be the Secretary of the 

Executive Council.   

—————————————————————————————————————————— 
1. Subs. by sec. 4  of  U. P. Act no. 5 of 2009. 

2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

3. Subs. by sec. 2 of U.P. Act no. 5 of 2009.  

4. Subs. by sec. 5 of U.P. Act no. 5 of 2009. 

5. Ins. by sec. 3 of U.P. Act no. 26 of 2006. 

6. Subs. by sec. 5 of U.P. Act no. 5 of 2009. 

7. Subs. by sec. 5(b) of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

728 

Term of 

office of 
Executive 
Council 

15.  (1) Where a person has become a member of the Executive 

Council by reason 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 thereof if he resigns or becomes of unsound mind or becomes 

insolvent or is convicted of a criminal offence involving moral turpitude 

of if member other than the [Vice-Chancellor]1 or a member of a faculty 

accepts a full time appointment in the [University]2 or if he fails to 

attend three consecutive meeting of the Executive Council without the 

leave granted by the [Chairperson]1 of the Executive Council or acts 

against the interests of the [University]2.   

 (3) Members of the Executive Council shall relinquish their 

membership on the expiry of three years from the date on which they 

become members of the Executive Council Unless the membership of 

the Executive Council is previously terminated as provided in the 

above sub-sections but shall be eligible for re-nomination or re-

appointment, as the case may be.   

 (4) A member of the Executive Council other than 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 

it has been accepted by the [Chairperson]1 of the Executive Council. 

 (5) Any vacancy in the Executive Council shall be filled either 

by appointment of 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.  

Powers and 
functions of 
the 

Executive 
Council  

16. Without prejudice to the provisions of section 11, the 

Executive Council shall have the following powers and functions :– 

(i) to create teaching posts in the [University]2 and to determine 

the qualifications, emoluments and duties attached thereto with the 

prior approval of the State Government after considering the 

recommendations of the Academic Council ;  

 (ii) to appoint from time to time, Professors, Readers, Lecturers, 

other members of the teaching staff, the Librarian and such other 

members of the teaching staff as may be necessary on the 

recommendations of the Selection Committee 3 [constituted under 

section 25 in such manner as may be prescribed.]  

 (iii) to create administrative, ministerial and other necessary 

posts to determine the minimum qualifications and emoluments of 

such posts with the prior approval of the State Government ; 

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

property, business and all other administrative affairs of the [University]2; 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 

2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

3. Subs. by sec. 5 of  U. P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

730 

 (v) to invest any money belonging to the [University]1 including 

any unapplied  income, in such stock funds, shares or securities, as it 

may, from time to time, deem fit for 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 transfer of any movable or immovable 

property on behalf of the [University]1 : 

Provided that no immovable property shall be transferred to the 

third party without the prior approval of the State Government; 

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

of the [University]1 and for that purpose to appoint such officers as it 

may deem fit ; 

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

apparatus and other means needed for carrying on the work of the 

[University]1  ;  

 (ix) to entertain, adjudicate and to redress any grievances of the 

Officer of the [University]1, the teacher, the students and employees 

who may, for any reason, feel aggrieved ;  

 (x) to appoint examiners and moderations, and if necessary to 

remove them and to fix their fees, emoluments and traveling and other 

allowances, after consulting the Academic Council ; 

(xi) to select a common seal for the [University]1  and to provide 

for the custody of the seal ;  

 (xii) to make such regulations as may, from time to time be 

considered necessary for regulating the affairs and the management of 

the [University]1  and to alter, modify and to rescind them ;  

 (xiii) to delegate any of its powers except the powers to make 

regulations to any Officer or Authority either temporarily or 

permanently ; and  

(xiv) to exercise such other powers and to perform such other 

duties as may be conferred or imposed on it by or under this Act.  

Reservation 
in admissions 
and 

appointments 

17.  (1) The Executive Council may, by regulations, provide for 

reservations of seats to the residents of the State of Uttar Pradesh and 

Members of Scheduled Castes, Scheduled Tribes and other backward 

classes as defined in the Uttar Pradesh Public Services (Reservation for 

Scheduled Castes, Scheduled Tribes and other backward classes) Act, 

1994 in admission to the various courses.   

 (2) The provision of the Uttar Pradesh Public Services 

(Reservation for Scheduled Castes, Scheduled Tribes and other 

Backward Classes) Act, 1994 and the orders and instructions issued 

from time to time by the State Government with respect to reservation 

shall be applicable to the posts to be filled by direct recruitment or by 

promotion in every existing teaching or non-teaching staff of the 

[University]1.  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act No. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

732 

Meeting of 

the 
Executive 
Council  

18.  (1) The Executive Council shall meet atleast once in three 

months and not less than [ten days notice]1 shall be given for such 

meeting.  

(2) The [Chairperson]2 of the Executive Council shall preside 

over a meeting of the Executive Council, and in his absence the 

members’ presents shall elect a person from amongst themselves to 

preside over the meeting.   

 (3) One-third of the total members of the Executive Council, 

shall form the quorum at any meeting thereof. 

(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 [Chairperson]2 of the Executive Council, 

or as the case may be, the member presiding over that meeting shall, 

in addition, have a casting vote.  

Constitution 
of Standing 
Committee 

and 
appointment 
of adhoc 

committees 

by the 
Executive 
Council 

19. (1) Subject to the provisions of this Act or the regulations 

made in this behalf the Executive Council may by resolution, 

constitute such standing committees or appoint adhoc committees for 

such purposes and with such powers as the Executive Council may 

think fit for exercising any power or discharging any function of the 

Sansthan or for enquiring into, reporting or advising upon any matter 

relating to the [University]3.   

 (2) The Executive Council may co-opt persons to a standing 

committee or an adhoc committee as it considers suitable and may 

permit them to attend the meetings of the Executive Council.    

 4 [(3) If an urgent action by the Executive Council becomes 

necessary, the Chairperson of the General Council may permit the 

business to be transacted by circulation of papers to the members of 

the  Executive Council. The action proposed under this sub-section 

shall not be taken unless agreed to by one-third of the total members 

of the Executive Council. The action so taken shall be forthwith 

intimated to all the members of the Executive Council and the matter 

shall be reported in the next meeting of the Executive Council. ] 

Academic 
Council 

20. the Academic Council shall be the academic body of the 

[University]3 and shall, subject to the provision of this Act and the 

regulations, have power of control and general regulation of, and be 

responsible for, the maintenance of standards of instructions, 

education and examination of the [University]3 and shall exercise such 

other powers and perform such other duties as may be conferred or 

imposed upon it by this Act or the regulations, it shall have the right to 

advise the Executive Council on all academic matters.    
Constitution 
of the 
Academic 
Council 

21. (1) The Academic Council shall consist of the following 

members, namely :— 

(i) the [Vice-Chancellor]2, who shall be the [Chairperson]2 

thereof ; 

—————————————————————————————————————————— 
1. Subs. by sec. 6 of  U. P. Act no. 35 of 2006. 
2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 

3. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 
4. Ins. by sec. 6 of  U. P. Act no. 5 of  2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

734 

 (ii) three persons from amongst the educationists of repute or 

men of letters or members of any profession or eminent public men, 

who are not in service of the [University] 1  nominated by [the 

Chairperson]2 ;   

 (iii) the Secretary-in-charge of Judicial Department, 

Government of Uttar Pradesh or his nominee not below the rank of 

Special Secretary ;  

(iv) a nominee of the Bar Council of Uttar Pradesh ;  

 (v) all the Heads of the Department of the [University]1 ;  

(vi) all Professors other than the Heads of the Department, if any; 

(vii) two members of the teaching staff, one each representing 

[the Associate Professors/Assistant Professors and Lecturers of the 

University.] 3 

 (2) The term of the members other than ex-office members shall 

be three years. 

(3) Where a person has become a member of the Academic 

Council by reason of the office or appointment he holds, his 

membership shall terminate when he ceases to hold such office of 

appointment. 

 (4) A member of the Academic Council shall cease to be a 

member thereof 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] 4  or a member of 

faculty accepts full time appointment in the [University]1 or if he fails 

to attend three consecutive meetings of the Academic council without 

the leave of the [Chairperson]4 of the Academic Council.  

 (5) Unless the membership of the Academic Council thereof is 

previously terminated as provided in the forgoing sub-sections, 

membership on the expiry of three years from the date on which they 

become members of the Ac academic Council but shall be eligible for 

re-nomination or re-appointment, as the case may be ;  

 (6) A member of the Academic Council other than an ex-officio 

member may resign his office by a letter addressed to the 

[Chairperson]4 of the Academic Council and such resignation shall 

take effect as soon as it has been accepted by the [Chairperson]4 of the 

Academic Council.  

 (7) Any vacancy in the Academic Council shall be filled either 

by appointment or nomination, as he case may be, by the respective 

authorities to make the same.  

Powers and 

duties of the 
Academic 
Council 

22. Subject to the provisions of this Act or the regulations, the 

Academic Council shall in addition to all other powers vested in it, 

have the following powers, namely :— 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35, 2006. 
2. Subs. by sec. 7 of  U. P. Act no. 5 of 2009. 

3. Subs. by sec. 7 of  U. P. Act no. 35 of 2006. 

4. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

736 

 
(i) to report on any matter referred to 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 [University]1 and the qualifications emoluments and duties attached 

thereto ; 

 
(iii) to formulate and modify or revise schemes for organization 

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

and also to report 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 promote research within the [University]1 and to require, 

from time to time, report on such research ; 

 
(v) to consider proposals submitted by the faculties ; 

(vi) to lay norms and to appoint committees for admission to the 

[University]1.  

 
(vii) to recognize diplomas and degrees of other Universities and 

Institutions and to determine their equivalence in relation to the 

diplomas and degree of the [University]1.   

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

Council, the time, mode and conditions of competitions for fellowship, 

scholarship and other prizes and to award the same ;    

 
(ix) to make recommendations to the Executive Council in 

regard to the appointment of examiners and if necessary their removal 

and he fixation of their fees, emoluments and travelling and other 

expenses ;  

 
(x) to make arrangement for the conduct of examinations and to 

fix dates for holding them ; 

(xi) to declare the results of the various examinations or to 

appoint committee or effects to do so, and to make recommendations 

regarding the conferment or grant of degrees, honours, diplomas, 

licences, titles and marks of honour. 

 
(xii) to award stipends, scholarship, medals and prizes and to 

make other awards in accordance with the regulajtions and such other 

conditions as may be attached to the awards ;   

 
(xiii) to publish list of prescribed or recommended tezt books 

and to publish syllabus of the prescribed courses of study ; 

(xiv) to prepare such forms and registers as are, from time to 

time, prescribed by regulation ; and 

 
(xv) 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 

the provisions of this Act and the regulations.  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

738 

Meetings of 

the Academic 
Council 

23. (1) The Academic Council shall preside over the meeting of 

the Academic Council, and in his absence, the members present shall 

elect a person from amongst themselves to preside over the meeting. 

(2) the [Chairperson]1  of the Academic Council shall preside 

over the meeting of the Academic Council, and in his absence, the 

members present shall elect a person from amongst themselves to 

preside over the meeting.  

 (3) One half of the total number of members of the Academic 

Council shall form the quorum for a meeting of the Academic Council.  

(4) Each member of the Academic Council shall have one vote 

and if there shall be equality of votes on any question to be determined 

by the Academic Council, the [Chairperson]1 of the Academic Council, 

or as the case may be, the member presiding over the meeting shall, in 

addition, have a casting vote.   

The Finance 
Committee 

24. (1) There shall be a Finance Committee consisting of the 

following members namely :— 

(i) the [Vice-Chancellor]1 ;  

(ii) one member nominated by the General Council from amongst 

its members ; 

 (iii) one member nominated by the Executive Council from 

amongst its members ; 

(iv) the Secretary in-charge, Department of Higher Education, 

Uttar Pradesh or his nominee not below the rank of Special Secretary ;   

 (v) the Secretary in-charge of Judicial Department Government 

Uttar Pradesh or his nominee not below the rank of Special Secretary ; 

(vi) the Secretary in-charge, Finance Department, Uttar Pradesh 

or his nominee not below the rank of Special Secretary ;   

 (vii) the Registrar ; 

(viii) The Finance Officer-Member Secretary.  

 (2) The nominated members of the Finance Committee shall 

hold office for a period of three years.   

(3) The Finance Committee shall have the following powers, 

duties and functions namely :—  

 (i) to examine and scrutinize the annual budget of the Sansthan 

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 statements of accounts and to 

review the finance of the [University]2 from time to time and to consider 

re-appropriation statements and audit reports to make 

recommendations  to the Executive Council ;  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 
2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

740 

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

Executive Council on any financial matter affecting the [University]1 

either on its own initiative or on reference from the Executive Council 

or the [Vice-Chancellor]2 ; 

 (4) The Finance Committee shall meet at least once in six 

months three members of the Finance Committee shall form the 

quorum. 

(5) The [Vice-Chancellor]2 shall preside over the meetings of the 

Finance Committee, and in his absence, the members present shall 

elect a person from amongst themselves to preside over the meeting.   

Selection 
Committee 

25. (1) The Executive Council shall constitute a Selection 

Committee for making recommendations to the Executive Council for 

appointment to the posts of teachers and other employees in the 

[University]1.  

 (2) The selection committee shall consist of the following 

members, namely :— 

(i) the [Vice-Chancellor]2 who shall be the [Chairperson]2 of the 

Committee ; 

(ii) the Head of the Department concerned, if any who is not 

lower in rank than that of the post for which selection is to be made ;  

 (iii) (a) Where an appointment is to be made for any teaching 

post, three experts nominated by the [Vice-Chancellor]2 from amongst 

a panel of names recommended by the Academic Council and approved 

by the Executive Council.  

 (b) Where an appointment is to be made to any post other than 

concerned with teaching three experts 3[in the field of the administra-

tion of this University] to be nominated by the [Vice-Chancellor]2 from 

amongst a penal of names recommended by the Executive Council.   

 (3) Where an endowment from a donor is accepted by the 

[University]1 for establishing a Chair, the donor may be co-opted as 

member of the Selection Committee for the purpose of filling in that 

post. 

Officer of the 

[University]1 
26. The following shall be the officers of the [University]1, 

namely:—  

(i) the [Vice-Chancellor]2 ; 

(ii) the Head of the Department ; 

 (iii) the Registrar ; 

(iv) the Finance Officer 

(v) such other officer as may be prescribed. 

[The Vice-

Chancellor]2 

27. (1) The [Vice-Chancellor]2 shall be a whole time salaried officer 

of the [University]1. The [Vice-Chancellor]2 after the commencement of this  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 
3. Subs. by sec. 8  of  U. P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

742 

 
Act shall be appointed by the General Council [from amongst eminent 

academicians or educationist or professors of eminence in the field of 

law]1 whose names are sent to the General Council by the Committee 

constituted in accordance with provisions of sub-section (2) : 

 
Provided that the first Director shall be appointed by the State 

Government.  

2[(1-A) Notwithstanding anything to the contrary contained in 

sub-clause (1), the [Chairperson]3 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; ] 

 
(2) 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.] 4 

(iii) One person to be nominated by the State Government. 

 
(3) The Committee shall, as far as may be, at least six months 

before the date on which a vacancy in the office of the Director is due 

to occur by reason of expiry of term or resignation under sub-section 

(4), 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 

Director. 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, nut shall not indicate any order of preference.   

 (4) The [Vice-Chancellor]3 shall hold office for a term of five 

years from the date on which he enters upon his office [X  X  X ]5. 

Provided that the [Vice-Chancellor]3 may by writing under his 

hand addressed to the Chairman of the General Council resign his 

office, and shall cease to hold his office on the acceptance by the 

General Council of such resignation.  

 
(5) Subject to the provisions of this Act, the emoluments and 

other conditions of service of the [Vice-Chancellor]3 shall be such as 

may be prescribed.  

(6) The [Vice-Chancellor]3  shall not be entitled to the benefit of 

any pension, insurance or provident fund.  

—————————————————————————————————————————— 
1. Subs. by sec. 9  of  U. P. Act no. 35 of 2006. 

2. Ins. by sec. 8  of  U. P. Act no. 5 of 2009. 

3. Subs. by sec. 2 of U. P. Act no. 5 of 2009. 

4. Subs. by sec. 8  of  U. P. Act no. 5 of 2009. 

5. Omit. by sec. 9(b)  of  U. P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

744 

 (7) The [Chairperson]1 of the General Council may appoint any 

suitable person to the office of [Vice-Chancellor]1 for a term not 

exceeding six months if the vacancy in the office of [Vice-Chancellor]1 

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]1 of the General Council.  

 (8) If in the opinion of the General Council, the [Vice-

Chancellor]1 willfully omits or refuses to carry out the provisions of 

this Act or abuses the powers vested in him, or if it otherwise appears 

to the General Council that the continuance of the [Vice-Chancellor]1 

in office is detrimental to the interest of the [University]2, the General 

Council may, after making proper inquiry which shall be completed 

preferably within six months, remove the [Vice-Chancellor]1 by an 

order after giving him an opportunity of being heard.    

 (9) During the pendency or in contemplation, of any inquiry 

referred to in sub-section (8) the General Council may order that till 

further order —  

(a) such [Vice-Chancellor]1 shall refrain from performing the 

functions of the office of [Vice-Chancellor]1, but shall continue to get 

the emoluments to which he was otherwise entitled under sub- 

section (5).   

 (b) the functions of the office of the [Vice-Chancellor]1 shall be 

performed by the person specified in the order.  

(10) The [Vice-Chancellor]1 shall — 

(a) ensure that the provisions of this Act and the Regulations 

are duly observed and shall have all powers as are necessary for that 

purpose ;   
 (b) subject to the specific and general directions of the 

Executive Council, the [Vice-Chancellor]1 shall exercise all powers of 

the Executive Council in the management and administration of the 

Sansthan. 
 (c) 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 ; 

(d) have all powers relating to the proper maintenance of 

discipline in the [University]2.  

 (11) If, in the opinion of the [Vice-Chancellor]1, any emergency 

has arisen, which requires immediate action, he shall take such action 

as he deems necessary and shall report the same for confirmation, in 

the next meeting of the authority concerned which in the ordinary 

course would have dealt with the matter.  

Heads of the 

Department 
28.  (1) There shall be a Head of the Department for each of the 

departments in the [University]2.  

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

service of the Head of the Departments shall be as prescribed by the 

regulations.   

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 

2. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

746 

The Registrar  29.  (1) The Registrar shall be a whole time officer of the 

[University]1  He shall be appointed by the State Government from 

amongst the senior administrative officers of the State.   

(2) The Registrar shall be the ex-officio Secretary of the 

Executive Council, Academic Council, and the faculties, but shall not 

be deemed to be a member of any of these authorities.  

 (3) The Registrar shall ; 

(i) comply with all directions and orders of the Executive 

Council and the [Vice-Chancellor]2 ; 

(ii) be the custodian of the records, common seal and such 

other property of the [University]1 as the Executive Council shall 

commit to his charge ;  

 (iii) issue all notices convening meeting of the Executive 

Council, the Academic Council, the Finance Committee, the faculties, 

the Board of studies and of any committee, appointed by the 

authorities of the [University]1 ;  

 (iv)  keep the minutes of all meetings of the Executive Council, 

the Academic Council, the Finance Committee, the faculties and any 

committee appointed by the authorities of the [University]1 ; 

(v) conduct the official correspondence of the Executive Council 

and the Academic Council ; 

 (vi) supply the visitor the copies of the agenda of the meetings 

of the authorities of the [University]1 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 ;   

 (vii) call a meeting of the Executive Council forthwith in an 

emergency, when neither the [Vice-Chancellor]2 not the officer duly 

authorized is able to act and to take its directions for carrying on the 

work of the Sansthan ; 

 (viii) represent the [University]1 in suits or proceedings by or 

against the [University]1, sign powers of attorney and verify the 

pleadings or depute representatives for the purpose ; 

(ix) be directly responsible to the [Vice-Chancellor]2 for the 

proper discharge of his duties and functions ; 

 (x) perform such other duties as may be assigned to him from 

time to time, by the Executive Council or the [Vice-Chancellor]2  under 

the provisions of this Act or the regulations ;  

 (4) In the event of the post of the Registrar remaining vacant for 

any reason, the [Vice-Chancellor]2 may authorize any officer in the 

service of the [University]1 to exercise such powers, functions, and the 

duties of the Registrar as the [Vice-Chancellor]2 deems fit.  

The Finance 
Officer 

30. (1) The Finance Officer shall be appointed by the State 

Government. 

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

748 

  (2) The Finance Officer shall, — 

(a) present the budget (annual estimates) and the statement of 

account to the Executive Council and also draw and disburse funds 

on behalf of the [University]1 ; 

 (b) speak in and otherwise take part in the proceedings, 

pertaining to matters of finance, of the Executive Council except voting; 

 (c) ensure that no expenditure, not authorized in the budget is 

incurred by the [University]1 (otherwise than by way of investment) ; 

(d) disallow any proposed expenditure which may contravene 

the provisions of this Act or regulations. 

 (e) ensure that no financial irregularity is committed and take 

steps to set right any irregularities pointed out during audit ; 

(f) ensure that the property and investments of the [University]1  

are duly preserved and managed ; 

 (g) to exercise general supervision over the funds of the 

[University]1 ; 

(h) advise in financial matter either suo moto or on his advice 

being sought ; 

 (i) collect the incomes, disburse the payments and maintain 

the accounts of the [University]1 ; 

(j) ensure that the registers of buildings, lands, items of 

furniture and equipments are maintained upto date and that stock 

checking of equipment and other consumable material is conducted 

regularly in the [University]1 ;  

 (k) probe into any unauthorized expenditure and other 

financial irregularities and suggest to the competent authority, 

disciplinary action against persons at fault.  

(l) perform such other duties in respect of financial matters as 

may be assigned to him by the Executive Council or the [Vice-

Chancellor]2. 

 (3) In the event of the post of the Finance Officer remaining 

vacant for any reason the [Vice-Chancellor]2 may authorize any officer 

in the service of the [University]1 to exercise such powers, functions 

and the duties of the Finance Officer as the [Vice-Chancellor]2  

deems fit ; 

Other Officer 
and 

Employees 

31. (1) Subject to the regulation made for the purpose every 

other officer or employee of the [University]1  shall be appointed under 

written contract setting out the conditions of service as prescribed by 

the regulations which shall be lodged with the [University]1  and a 

copy thereof furnished to the officer or employee concerned.  

 (2) Any dispute arising out of the contract between the 

[University]1  and any of its officers or employees shall, at the request 

of the officer or the employee concerned, or at the instance of the 

[University]1 be referred to a Tribunal for arbitration consisting of 

three members appointed by the Executive Council as prescribed by 

the regulations.  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

750 

How to make 

regulations 
32. (1) The Executive Council may make regulation for carrying 

out the provisions of this Act : 

Provided that the Executive Council shall not make  any 

regulations affecting the status, powers or constitution of any 

authority of the [University]1  until such authority has been given an 

opportunity of expressing an opinion in writing on the proposed 

changes, and any opinion so expressed shall be considered by the 

Executive Council : 

 Provided further that except with the prior concurrence of the 

Academic Council, the Executive Council shall not make, amend or 

repeal any regulation affecting any or all of the following matters, 

namely — 

 (i) the constitution, powers and duties of the Academic Council;  

(ii) the authorities responsible for organizing teaching in 

connection with the [University]1 courses and related academic 

programmes;  

 (iii) the withdrawal of degrees, diplomas, certificates and other 

academic distinctions ; 

(iv) the establishment and abolition of faculties, departments, 

halls and institutions ; 

 (v) the institution of fellowships, scholarships, studentships, 

exhibitions, medals and prizes ;  

(vi) conditions and modes of appointment of examiners or 

conduct or standard of examinations or any other course of study ;  

 (vii) mode of enrolment or admission of students ;  

(viii) examinations to be recognized as equivalent to 

Examinations of the [University]1  ;  

 (2) The Academic Council shall have the power to propose 

regulations on all the matters specified in clauses (i) to (viii) of sub-

section (1) and matters connected therewith or incidental thereto.   

 (3) Where the Executive Council has rejected the draft of any 

regulation proposed by the Academic Council, the Academic Council 

may appeal to the Visitor [and the Visitor shall, by order direct] 2 that 

the proposed regulations may be laid before the next meeting of the 

General Council for its approval and that pending such approval of the 

General Council it shall have effect from such date 3 [as may be 

specified in the order of the Visitor.]  

 Provided that if any regulation is not approved by the General 

Council at such meeting, it shall cease to have effect.  

(4) All regulations made by the Executive Council shall be 

placed before the Genreral Council at its next meeting, and the 

General Council shall have the power to amend or cancel any 

regulation made by the executive Council ;  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 9 of  U. P. Act no. 5 of 2009. 
3. Subs. by ibid. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

752 

Appointment 

of Review 
Commission 

33. (1) The Visitor shall atleast once in every five years 

constitute a commission to review the working of the [University]1 and 

to make recommendations. 

(2) The Commission shall consist of not less than three 

eminent educationists in the field of law one of whom shall be the 

[Chairperson] 2  of such Commission appointed by the Visitor in 

consultation with the State Government.  

 (3) The terms and conditions of the appointment of the 

members referred to in sub-section (2) shall be such as the Visitor 

may determine.  

(4) The commission shall, after holding such enquiry as it 

deems fit, make its recommendation to the Visitor,  

 
 
Fund of the 
Sansthan 

(5) The Visitor may take such action on the recommendations 

of the Commission as he deems fit.  

34. (1) There shall be a Fund of the [University]1 which shall 

include, — 

 (i) any contribution or grant made by the State Government ; 

(ii) any contribution or grant made by the University Grants 

Commission or the Central Government ; 

(iii) any contribution made by the State Bar Council ;   

 (iv) any bequests, donations, endowments or other grants made 

by private individuals or institutions ; 

(v) income received by the [University]1  form fees and charges ; 

and   

 (vi) amounts received from any other source ; but shall not 

include any funds received from any agency for sponsoring a scheme. 
 (2) The amount in the Fund of the [University]1 shall be kept in 

a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 

(Act no. 2 of 1934) or in a corresponding new bank constituted under 

the Banking Companies (Acquisition and Transfer of Undertakings) 

Act, 1970 (Act no. 5 of 1970) and the Banking Companies (Acquisition 

and Transfer of Undertakings) Act, 1980 (Act no. 40 of 1980) or may 

be invested in such securities authorized by the Indian Trusts Act, 

1882 (Act no. 2 of 1882) as may be decided by the Executive Council.  

 (3) The Fund of the [University]1 may be utilized for such 

purpose of the Sansthan and in such manner as may be prescribed.  

The Annual 
Accounts and 
Audit 

35. (1) The Annual Accounts and the balance sheet of the 

[University]1 shall be prepared under the directions of the Executive 

Council.  

 (2) The accounts of the [University]1 shall, atleast once in a 

year, be audited by the Director, Local Funds Accounts, Uttar Pradesh 

or by such person or persons as the State Government may authorize 

in this behalf.  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

754 

 (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 General Council and shall also be 

submitted to the State Government. 

 (4) The Annual Accounts shall be considered by the General 

Council at its annual meeting. The General Council may pass 

resolutions with reference thereto and communicate the same to the 

Executive Council. The Executive Council shall consider the 

suggestions made by the General Council and take such action 

thereon as it deems fit. The Executive Council shall inform the 

General Council at its next meeting, all actions taken by it or the 

reasons for not taking action.     

Financial 
estimates 

36. (1) The Executive Council shall prepare before such date as 

may be prescribed by the regulations, the financial estimates for the 

ensuing year and place the same before the General Council.  

 (2) The Executive Council may, in case where the expenditure 

in excess of the amount provided in the budget is to be incurred or in 

cases of urgency for reasons to be recorded in writing, incur 

expenditure subject to such restrictions and conditions as may be 

prescribed. 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.   

Surcharge 37. (1) An officer specified in section 26 shall be liable to 

surcharge for the loss, waste or misapplication of any money or 

property of the Sansthan, if such loss, waste or misapplication is a 

direct consequence of his neglect or misconduct.   

 (2) The procedure of surcharge and the manner of recovery of 

the amount involved in such loss, waste or misapplication shall be 

such as may be prescribed.   

Executive of 
Contracts 

38. All contacts relating to the management and 

administration of the Sansthan shall be expressed as made by the 

Executive Council, and shall be executed by the Director when the 

value of the contract is above ten lakhs of rupees and by the Registrar, 

when its value does not exceed ten lakhs of rupees. 

Grant of Law 
Degree, 
Diploma etc. 
by the 

[University]1 

39. The [University]1 shall have power to grant Degrees, 

Diplomas and other academic distinctions and titles under this Act. 

 
Honorary 
Degree 

40. If not less than two-third of the members of Academic 

Council, recommend that an honorary degree or academic distinction 

be conferred on any person on the ground that he is in their opinion 

by reason of eminent attainment and position fit and proper to receive 

such degrees or academic distinction, the General Council may, by a 

resolution, decide that the same may be conferred on the person 

recommended.  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

756 

 

Withdrawal 
of a degree or 
a diploma 

41. (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-third of the members of the General 

Council present and voting at the meeting, if such person has been 

convicted by a Court of law for an offence, which in the opinion of the 

General Council involves moral turpitude or if he has been guilty of 

gross misconduct.   

 (2) No action under this section shall be taken against any 

person unless he has been given an opportunity to show cause against 

the action proposed to be taken.  

(3) A copy of the resolution passed by the General Council shall 

be immediately sent to the person concerned. 

 (4) Any person aggrieved by the decision taken by the General 

Council may appeal to the Visitor within thirty days from the date of 

the receipt of such resolution.   

(5) The decision of the Visitor in such appeal shall be final.   

Transfer of 
property  

42. The State Government may transfer to the [University]1 

buildings, lands and any other property whether movable or 

immovable for use and management by the [University]1  on such 

conditions and subject to such limitations as the State Government 

may deem fit for the purpose of this Act.    

Discipline 43. (1) The final authority responsible for maintenance of 

discipline among the students of the [University]1  shall be the 

Director. His directions in directions in that behalf shall be carried out 

by the Heads of the Department, hostels and institutions of the 

Sansthan.  

 (2) Notwithstanding anything contained in sub-section (1) the  

2[punishment of] rustication from the [University]1  or a hostel or an 

institution, shall on the report of the Director be considered and 

imposed by the Executive Council : 

 Provided that no such punishment shall be imposed without 

giving to the student concerned a reasonable opportunity to show 

cause against the action proposed to be taken against him.   

  3[(3) If any student is aggrieved by the order of the Executive 

Council, he may prefer an appeal to the Chairperson of the General 

Council within a period of thirty days from the date of the receipt of the 

order of such punishment passed by the Executive Council.]  

Sponsored 
schemes 

44. Whenever the [University]1 receives funds from any 

Government, the University Grants Commission or other agencies 

sponsoring a scheme to be executed by the [University]1, notwithstanding 

anything in this Act and regulations, —  

—————————————————————————————————————————— 
1. Subs. by sec. 2  of  U. P. Act no.35 of 2006. 

2. Subs. by sec. 10  of  U. P. Act no. 5 of 2009. 

3. Ins. by sec. 10(b)  of  U. P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

758 

 (a) the amount so received shall be kept by the [University]1 

separately from the Fund of the [University]1 and utilized only for the 

purposes of the scheme ; and  

(b) the staff required to execute the scheme shall be recruited in 

accordance with the terms and conditions stipulated by the sponsoring 

organization.  

Proceedings 
of authorities 
of bodies not 

invalidated 
by vacancies  

45. (1) Notwithstanding that the General Council, the Executive 

Council, the Academic Council or any other authority or body of the 

[University]1 is not duly constituted or there is a defect in its 

constitution or re-constitution at any time and notwithstanding that 

there is no act or proceeding of any authority, committee or body of the 

[University]1  shall be invalid merely by reasons of — 

 (a) any vacancy in or defect in the constitution thereof ; or 

(b) any defect in the election, nomination or appointment of a 

person acting as a member thereto ; or 

(c) any irregularity in its procedure not affecting the merits of 

the case.     

 (2) No resolution of any authority or body of the [University]1  

shall be deemed to be invalid on account of nay irregularity in the 

service of notice upon any member provided that the proceedings of 

such authority or body if not prejudicially affected by such irregularity.   

Removal of 

difficulties 
46. If any difficulty arises with respect to the establishment of 

the [University]1  or in connection with the first meeting of any 

authority of the [University]1  or otherwise in giving effect to the 

provisions of this Act and the regulations, the State Government may, 

at any time, before all authorities of the [University]1 have been 

constituted, by order, make any appointment or do anything 

consistent, so far as may be, with the provisions of this Act, which 

appear to it necessary or expedient for the purpose of removing the 

difficulty and every such order shall have effect as if such appointment 

or action had been made or taken in the manner provided in this Act : 

 Provided that before making any such order the State 

Government shall ascertain and consider the report in this behalf, if 

any, of the [Vice-Chancellor]2 and such appropriate authority of the 

[University]1  as may have been constituted : 

Provided further that no such order shall be made after two 

years of the date of notification of this Act. 

Transitory 
provisions 

47.  Notwithstanding anything contained in this Act and the 

regulations made thereunder the [Vice-Chancellor]2 may, with the 

previous approval of the Chairman of the General Council and subject 

to the availability of funds, discharge all or any of the functions of the 

[University]1  for the purpose of carrying out the provisions of this Act 

and the regulations and for that purpose may exercise any powers or 

perform  any  duties,  which  by  this  Act and the regulations are to be  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35 of 2006. 

2. Subs. by sec. 2 of U.P. Act no. 5 of 2009. 



[Doctor Ram Manohar Lohiya (National Law University) Uttar Pradesh Act, 2005] 

760 

 
exercise any powers or perform any duties, which by this Act and the 

regulations are to be exercised or performed by any authority of the 

[University]1 until such authority comes into existence as provided by 

this Act and the regulations.   

Indemnity 48.  No suit, prosecution or other legal proceedings shall lie 

against and no damages shall be claimed from the [University]1, the 

[Vice-Chancellor]2, the authorities or officers of the [University]1 or any 

other person in respect of anything which is done or purported to have 

been done in good faith in pursuance of this Act or any regulations.  

Act to have 
overriding 
effect 

49. The provisions of this Act and any regulation shall have 

effect notwithstanding anything inconsistent therewith contained in 

any other law for the time being in force or in any instrument having 

effect by virtue of any law other than this Act.  

——— 

 
 STATEMENT OF OBJECTS AND REASONS 

 Although several  colleges and universities in Uttar Pradesh are 

imparting education in the subject of law, yet due to the lack of 

excellent infrastructural facilities many meritorious students of the 

State are facing several problems in seeking admission in the National 

Law School and University/National Law Institutes established in 

other State such as Karnataka, Andhra Pradesh, Madhya Pradesh, 

Rajasthan and West Bengal. The jurists, the educationists, the 

guardians and the students are demanding persistently for the 

establishment of a National Law Institute in Uttar Pradesh for 

promoting education in law in the State. It has, therefore, been decided 

to make a law for the establishment of a Law Institute at Lucknow in 

Utter Pradesh under the same of ‘Doctor Ram Manohar Lohiya 

Rastriya Vidhi Sansthan Uttar Pradesh’ to advance and disseminate 

leaning and knowledge of law and legal process and to develop in the 

students and research scholars a sense of responsibility to serve 

society in the field of law by developing skills and in advocacy, judicial 

and other legal services and legislation and the like. 

 Doctor Ram Manohar Lohiya Rastriya Vidhi Sansthan Uttar 

Pradesh Vidheyak, 2005 is introduced accordingly.   

 

 

 

  

—————————————————————————————————————————— 
1. Subs. by sec. 2 of U.P. Act no. 35, 2006. 
2. Subs. by sec. 2 of U.P. Act no. 5, 2009.