(a) the 2 [Vice-chancellor] of the [Law University];
(b) the Registrar of the 1 [Law University];
(c) Heads of the Departments;
(d) such other officer as may be prescribed by the Statutes or Regulations.
The 2 [Vicechancellor] of 1 [Law University].
17.
(1) The 2 [Vice-chancellor] of the 1 [Law University] shall be an academic person and an outstanding scholar in law with published works of 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 of providing effective leadership to the 1 [Law University] community. He shall be appointed by the 3 [Chancellor] 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 2 [Vice-chancellor] of the 1 [Law University] is initially for a period of not more than three years and he is eligible for re-appointment. On the expiry of his term, he shall continue in office until his successor is appointed or an alternative arrangement is made by the 3 [Chancellor,] whichever is earlier.
(2) The 2 [Vice-chancellor] of 1 [Law University] 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;
`
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
24
(iii) preside over the meetings of the General Council in the absence of the 1 [Chancellor];
(iv) be the competent authority to appoint the teachers, librarians, Accounts Officer and other officers in consultation with the 1 [Chancellor] 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 2 [Law University];
(vii) if, in the opinion of the 3 [Vice-chancellor] of 2 [Law University], 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 of 2 [Law University].
18.
(1) The Registrar of the 2 [Law University] shall be appointed by the 1 [Chancellor] on the recommendations of the Selection Committee appointed by the Executive Council on such terms and conditions of service as it may specify, subject to the provisions of Statutes and Regulations.
(2) (i) Except those authorities, committees and other bodies where 3 [Vice-chancellor] is the Member-Secretary, the Registrar of the 2 [Law University] shall be Ex-Officio Member-Secretary of all the authorities, Committees and other bodies of the 2 [Law University] and shall also be the Convener of all the meetings. He shall note and maintain the minutes of meetings;
(ii) The Registrar of the 2 [Law University] shall be the principal administrative officer of the 3 [Vice-chancellor] of the 2 [Law University] In all matters pertaining to the administration of the 2 [Law University]. The Executive Council may entrust to him special responsibilities and powers;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
25
(iii) The Registrar of the 1 [Law University] shall have the power to appoint in consultation with the 2 [Vicechancellor] of the 1 [Law University], 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 1 [Law University] shall comply with all directions and orders of the Executive Council and 2 [Vice-chancellor] of the 1 [Law University];
(v) the Registrar of the 1 [Law University] shall be the custodian of records, common seal and such other property of the 1 [Law University] as the Executive Council shall commit to his charge.
Heads of the Departments.
19.
(1) There shall be a Head for each Department in the 1 [Law University].
(2) The powers, functions, appointments and conditions of service of the Heads of the Departments shall be as prescribed by the Regulations.
Other officers and employees.
20.
(1) Subject to the Regulations made for the purpose, every officer or employee of the 1 [Law University] shall be appointed in accordance with a written contract which shall be lodged with the 1 [Law University] and a copy thereof shall be furnished to the officer or employee concerned.
(2) Any dispute arising out of a contract between the 1 [Law University] and any of its officers or employees shall, at the request of the officer or the employee concerned or at the instance of the 1 [Law University], be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as prescribed by the Regulations.
Selection committees.
21.
The Executive Council shall constitute various Selection Committees for appointment to the posts of officers and nonteaching 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.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
26 Statutes and Regulations.
22.
(1) The first Statutes of tile 1 [Law University] shall be made by the 2 [Vice-chancellor] 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 1 [Law University] shall be made by the 2 [Vice-chancellor] of the 1 [Law University] 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 of first 2 [Vicechancellor] and first Registrar of 1 [Law University].
23.
Notwithstanding anything in this Act. and the Statutes, the first 2 [Vice-chancellor] and the first Registrar of the 1 [Law University] shall be appointed by the 3 [Chancellor] 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 of appointments.
24.
Notwithstanding .anything contained in any other law, or instrument having the force of law, for the time being in force, the appointments made to any post in the 1 [Law University] in accordance with the Statutes and Regulations shall be deemed to be valid and in accordance with law.
Vacancy, etc., not to invalidate any act or proceeding.
25.
No act or proceeding of the General Council, the Executive Council or any other authority or Officer or Council of the 1 [Law University] shall be invalidated or questioned on the ground merely of the existence of any vacancy or defect in the constitution thereof.
Indemnity against General Proceedings.
26.
No suit, prosecution or other legal proceedings shall lie against the 1 [Law University] or any authority or officer or employee of the 1 [Law University] 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.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
27 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 of law for the time being in force.
Power to remove difficulties.
28.
If any difficulty arises as to the first constitution or reconstitution of any authority of the 1 [law University] after the commencement of this Act or otherwise in giving effect to the provisions of this Act, the 2 [Chancellor] may, by order, make such provisions, not inconsistent with the provisions of 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.
CHAPIER-VI JUDICIAL ACADEMY Academy to be the part & parcel of the 1 [Law University].
29.
(1) The Academy shall be the part and parcel of the 1 [Law University] 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 1 [Law University].
Functions of the Academy.
30.
The Academy shall, -
(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) 3 [conduct examinations and award certificates;]
(d) develop training courses relating to administration of justice including use of information technology;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
28
(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;
(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;
(j) coordinate with other educational and training institutions including the institutions of other State Governments and Central Governments;
(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.
(1) 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.
29
(2) The Board shall consist of—
(a) 1 [Chancellor] of the 2 [Law University] Chairperson
(b) Two Judges of the Guwahati High Court sitting or retired, nominated by the Chairperson;
Member
(c) 3 [Vice-chancellor] of the 2 [Law University] Member
(d) 4 [Senior-most Secretary to the Government of Assam, Administrative Reforms and Training Department - Member;]
(e) Registrar General, Guwahati High Court Member
(f) Secretary to the Government of Assam Finance Department Member
(g) Secretary to the Government of Assam Judicial Department;
Member
(h) A District & Sessions Judge nominated by the Chairperson;
and Member
(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;
(b) five members shall constitute the quorum;
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
3. Subs. by Assam Act No. II of 2012.
4. Subs. by Assam Act No. II of 2012.
30
(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 functions of the Board.
34.
(1) The Board shall-
(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;
31
(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 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 Academy.
35.
(1) The Chairperson shall appoint the Director of the Academy 1 [for a term of five years] on the recommendation of the Board.
(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.
2 [(4) The Director of the Academy shall be a person who has been a Judge of the Gauhati High Court or a Professor of Law or a Senior 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 officers and staff.
36.
(1) The Board or the Director may appoint officers and 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.
1. Subs. by Assam Act No. II of 2012.
2. Subs. by Assam Act No. II of 2012.
32
(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 1 [Law University] 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.
Budget and accounts.
38.
(1) The Director of the Academy shall utilize the Budget and maintain 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.
2 [(1) The accounts of the Academy, shall be audited by the Comptroller and Auditor General of India.]
(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 3 [*****************.]
1.,Subs. by Assam Act No. II of 2012.
2.Subs. by Assam Act No. XVII of 2020.
3. Ommitted by Assam Act No. XVII of 2020.
33 Submission of the report.