Himachal Pradesh National Law… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Regulations
Year	2016
Jurisdiction	State of Himachal Pradesh
Ministry	Home
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	education

HPN LU S HIM LA THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, GHANDAL, SHIMLA (Established under the Himachal Pradesh National Law University Act 16 of 2016) THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACADEMIC REGULATIONS, 2019 THESE HPNLU REGULATIONS FRAMED UNDER SECTION 35 OF THE HIMACHAL PRADESH NATIONAL LAW UNIVERSITY ACT 16 0F 2016 (Passed by the Executive Council in its meeting held on 23rd October /2019) and approved by the Governing Council in its meeting held on 20th December 2019.

(Note: The contents of the document are subject to editing, addition/deletion for typo errors etc., and formatting.)

1 HPN LU S HIM LA GENERAL INDEX PARTS TITLE PAGES

PART-I The Himachal Pradesh National Law University (HPNLU), Shimla Courses of Study, Admission, and Curriculum Regulation,” 2019.

PART-II The Himachal Pradesh National Law University (HPNLU), Shimla Regulation for LL.M. (One Year) Degree Programme, 2019

PART-III The Himachal Pradesh National Law University (HPNLU), Shimla Regulations for Doctorate of Philosophy (Ph.D.) Programme, 2019

PART-IV The Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019

PART-V SAVING 2 03-21 22-25 26-37 38-54 54 HPN LU S HIM LA

PART-I The Himachal Pradesh National Law University (HPNLU), Shimla Courses of Study, Admission, and Curriculum Regulations,” 2019.

Index

1. Short Title, Extent and Commencement

2. Courses of Study A. Under Graduate Courses B. Post Graduate Course/s C. Doctorate of Philosophy D. Post Graduate Diploma E. Any other Programme

3. Eligibility Criteria A. Under Graduate Courses B. Post Graduate Course/s C. Doctorate of Philosophy D. Post Graduate Diploma

4. Lateral Entry

5. Duration of Semester

6. Intake

7. Fee Structure

8. Medium of Instruction

9. Residency

10. Curriculum

11. Examination and Evaluation ANNEXURES A. Seat Intake B. Fee Structure C. Curriculum for B.A./B.B.A. LL.B.

D. Curriculum for LL.M.

E. Curriculum for Ph.D.

3 HPN LU S HIM LA

1. SHORT TITLE, EXTENT AND COMMENCEMENT

1.1 These Regulations shall be called the Himachal Pradesh National Law University (HPNLU), Shimla Courses of Study, Admission, and Curriculum Regulation,” 2019.

1.2 These Regulations shall come into force w.e.f. 25th December, 2019.

1.3 Admission to various Courses offered by University shall be regulated by the Himachal Pradesh National Law University, Shimla Courses of Study, Admission, and Curriculum Regulations, 2019.

1.4 The provisions contained in this Regulation shall be applicable to candidates already registered for various Programmes.

2. COURSES OF STUDY

2.1 The University shall institute the following Degrees/Diplomas subject to provisions of National Regulatory bodies Bar Council of India/University Grant Commission and any Other Authority or Body duly adopted.

(a) Undergraduate Program: B.A. LL. B (Hons.) and B.B.A. LL. B (Hons).

(b) Post Graduate Program: One-year LLM. Programme through its ‘Centre for Post Graduate Legal Studies’ as prescribed by UGC in 2012 governed by the Himachal Pradesh National Law University Regulation for One Year LL.M. Degree Programme, 2019.

(c) Doctorate of Philosophy: Governed by the Himachal Pradesh National Law University Rules for Doctorate of Philosophy (Ph. D.) Programme, 2019.

(d) Post Graduate Diploma: One Year Program (with Two Semesters) the various areas of knowledge including Competition Law, Intellectual Property Law (IPR); Cyber Law & Security; Forensic Science; Natural Resource Law; Forest Management and Law; Law, Science and Technology etc.

(e) Any other Program of Study approved by University.

3. ELIGIBILITY CRITERIA FOR DIFFERENT COURSES/PROGRAMS

3.1 Under Graduate Program: For all Undergraduate Program like B.A./B.B.A. LL.B.

(Hons.) (Five Years Integrated Programme) admission shall be made on the basis of Common Law Admission Test i.e. ‘CLAT’). Candidates should have passed 12th (10+2) examination from any recognized board with minimum 50 % (45 % for S.C/S.T.

Students) without compartment.

4 HPN LU S HIM LA Applicants who have obtained 10+2 through Open Universities system directly without having any basic qualification are not eligible for the Law Course.

3.2 Post Graduate Program: Candidates should have passed his/her undergraduate i.e.

LL.B. Degree (3 years or 5 years) from any recognised University in India or foreign University recognised as equivalent under Indian Law with minimum 55% or an equivalent grade point.

In determining equivalency, the university listed with Association of Indian Universities and any Other nodal agency which is statutorily empowered to determine equivalency, will be considered.

3.3 Ph.D. Program: Admission shall be made as per the Himachal Pradesh National Law University Regulations for Doctorate of Philosophy (Ph. D.) 2019

3.4 Post Graduate Diploma Programs: Minimum qualifications shall be as follows:

Graduate Degree in Law or other relevant field from any University recognised in India or Foreign University recognised as equivalent under Indian Law with a minimum of 50 % marks in aggregate.

4 LATERAL ENTRY: There shall be no Lateral entry or migration from any university to this university. There shall be no lateral entry on the plea of graduation in any subject or exit by way of awarding a degree splitting the integrated double degree course, at any intermediary stage of integrated double degree course or any other integrated program of study.

5 DURATION OF THE SEMESTER

5.1 Under Graduate: Duration of the Semesters in Under Graduate (UG) programs shall be of 18 weeks with not less than 36 class hours per week including tutorials, Seminars, Presentations, Curricular Moot Courts, and Examination etc.

5.2 Post Graduate: The duration of the programme shall be One Year, divided into two semesters of 18 weeks each, with not less than 30 contact hours per week including Tutorials, Seminars, Presentations, Library works and Examination etc.

6. INTAKE AND RESERVATION FOR B.A./B.B.A. LL.B. (HONS.) & LL.M.

6.1 Subject to Rule 6.3, a total of 60 students shall be admitted in each Under Graduate Programme i.e. B.A./BBA. LL.B. (Hons.) (Five Years Integrated Course)

6.2 Subject to Rule 6.3, a total of 40 students shall be admitted in LL.M. One Year Programme.

5 HPN LU S HIM LA

6.3 Admissions to Undergraduate as well as Post Graduate Programme shall subject to following Reservation criteria:

(a) Within the Sanctioned Intake

(a) 15% Reservation for Scheduled Caste

(b) 7.5% Reservation for Scheduled Tribes

(d) 5% Horizontal Reservation for Wards of Serving/Retired Defence Personnel

(b) Over and Above Sanctioned Intake

(i) Kashmiri Migrants: 5% of total Intake in a given Programme

(ii) Kashmiri Residents: 02 Seats

(iii) International Students, including NRI 15%

(c) 25% seats in Under Graduate Programmes and LL.M. One Year Programme shall be horizontally reserved for Himachal Pradesh State Domicile Candidates as per Himachal Pradesh National Law University Act, 2016 (16 of 2016).

(d) Out of 40 Seats of LL.M. One Year Programme, 10 seats shall be horizontally reserved for Women Candidates.

Explanation-1: Seats notified under Kashmiri Migrants, Kashmiri Residents and International Students including Non-resident Indians shall be of supernumerary character.

Explanation 2: The expression Non-Resident Indian (NRI) shall mean and include bona fide NRI and their children or ward only.

6.4 The intake duly approved for each Academic Year shall be enclosed as Annexure-A of this Regulation.

7. FEE STRUCTURE

7.1 Fee Structure for each course shall be duly notified from time to time, and shall be deemed as part of this Regulation as Annexure B.

7.2 There shall be annual increase of Rs. 5000/- in the Tuition Fee in every Academic Session of every programme. Such increase will equally apply to supernumerary seats as well.

6 HPN LU S HIM LA

7.3 In case of cancellation/withdrawal of admission, the fee will be refundable as per UGC Rules/Guidelines.

8. MEDIUM OF INSTRUCTION Medium of instruction will be English only.

9. RESIDENCY

9.1 Himachal Pradesh National Law University shall be a residential University.

10. CURRICULUM

10.1 Courses for B.A./B.B.A. LL.B. (Hons.) (Five Years Integrated Course) shall be designed and approved as per the Himachal Pradesh National Law University Act, 2016 (16 of 2016) and shall comply the guidelines of Regulatory Authorities such as Bar Council of India.

10.2 In accordance with the Regulations framed by Bar Council of India, Courses designed for B.A./B.B.A. LL.B. (Hons.) (Five Years Integrated Course) shall have the following Components: - A. Social Sciences: Economics, Political Science and Sociology B. Management: Human Resource Management, Marketing, and Accounting C Law Courses shall be as follows

(a) Compulsory Courses - 20

(b) Honors Courses - 08

(d) Dissertation

10.3 Course in Social Sciences and Managements shall be divided into major course and minor course. The major course shall have 06 papers spread from Semester 1st to Semester 6th, whereas minor course shall have 3 papers spread from Semester 1st to 3rd.

10.4 Each student pursuing B.A. LL.B. shall opt one major paper from Economics, Political Science or Sociology.

Provided that each student pursuing B.B.A. LL.B. shall opt Economics as major subject.

10.5 Each Course designed for B.A./B.B.A. LL.B. (Hons.) (Five Years Integrated Course), LL.M., Ph.D. and any other shall be laid before the Board of Studies, Academic Council and Executive Council as per the Himachal Pradesh National Law University Act, 2016 (16 of 2016).

10.6 Curriculum for B.A./B.B.A. LL.B. (Hons.) (Five Years Integrated Course), LL.M., Ph.D.

and any other Programme duly approved shall be enclosed as Annexure-C, D, and E of this Regulations.

11. Examination and Evaluation 7 HPN LU S HIM LA

11.1 Examination and evaluation of each Course/Programme of B.A./B.B.A. LL.B. (Hons.)

(Five Years Integrated Course), shall be governed by Himachal Pradesh National Law University Shimla Examination Regulation 2019.

11.2 Subject to provisions of Himachal Pradesh National Law University Regulation for One Year LL.M. Degree Programme, 2019, the examination and evaluation of each Course/Programme of LL.M. One Year Programme shall be governed by Himachal Pradesh National Law University Shimla Examination Regulation 2019.

11.3 Examination and Evaluation Courses of Ph.D. shall be governed by Himachal Pradesh National Law University Rules for Doctorate of Philosophy (Ph. D.).

8 HPN LU S HIM LA ANNEXURE-A Seat Matrix UG Course: B.A. LL.B. (Five Years Integrated Course): Intake-60* Sr. No. Category No. of Seats

1. General 46

2. SC (15%)* 09

3. ST (7.5%)* 05 Total 60 *Horizontal Reservation

1. PwD (5%) 03

2. Wards of Serving/Retired/Defence Personnel – 5% 03

3. Himachal Pradesh domiciled candidates (25%) 15 Supernumerary Seats

1. Kashmiri Migrants (5%) (As per UGC/MHRD Notification) 03

2. Residents of J&K (As per UGC/MHRD Notification) 02

3. NRI & Foreign Nationals (15%) 09

4. BC/OBC (27%) 16

5. EWS (10%) 06 UG Course: B.B.A. LL.B. (Five Years Integrated Course): Intake-60* Sr. No. Category No. of Seats

1. General 46

2. SC (15%)* 09 9 HPN LU S HIM LA

3. ST (7.5%)* 05 Total 60 *Horizontal Reservation

1. PwD (5%) 03

2. Wards of Serving/Retired/Defence Personnel – 5% 03

3. Himachal Pradesh domiciled candidates (25%) 15 Supernumerary Seats

1. Kashmiri Migrants (5%) (As per UGC/MHRD Notification) 03

2. Residents of J&K (As per UGC/MHRD Notification) 02

3. NRI & Foreign Nationals (15%) 09

4. BC/OBC (27%) 16

5. EWS (10%) 06 PG Course: LL.M. (One Year Programme): Intake-40* Sr. No. Category No. of Seats

1. General 31

2. SC (15%)* 06

3. ST (7.5%)* 03 Total 40 *Horizontal Reservation

1. PwD (5%) 02

2. Wards of Serving/Retired/Defence Personnel – 5% 02

3. Himachal Pradesh domiciled candidates (25%) 10

4. Women 10 10 HPN LU S HIM LA Supernumerary Seats

1. Kashmiri Migrants (5%) (As per UGC/MHRD Notification) 02

2. Residents of J&K (As per UGC/MHRD Notification) 02

3. NRI & Foreign Nationals (15%) 06

4. BC/OBC (27%) 11

5. EWS (10%) 04 *Belonging to Himachal Pradesh only.

11 HPN LU S HIM LA ANNEXURE-B

1. There shall be annual increase of Rs. 5000/- in the Tuition Fee in every academic session of every programme. Such increase will equally apply to supernumerary.

2. The Fee payment can be made through online payment. The form for fee payment shall be made available on the website of HPNLU www.hpnlu.ac.in

3. Fee Payment Postal Link: https://www.hpnlu.ac.in/page.aspx?page=41 Fee Structure B.A. /B.B. A. LL. B. (Hons.)

Sr. No. Fee Detail Annual Fee First Half (At time of Admission) Second Half 1 Admission Fee 5000 5000 2 Tuition Fee 120000 (NRI Student Rs. 7,50,000 & SAARC Candidates Rs. 3,50,000) 60000 60000 3 Facilities Fee 35500 35500 4 Campus Development Fee 10000 10000 5 Examination Fee 10000 10000 6 Library Fee 5000 5000 7 Moot Court 5000 5000 8 Hostel Charge 20000 10000 10000 9 Refundable Security 10000 10000 Total Fee 220500 150500 70000 10 Advance Mess Bill (adjustable against actual bill) 30000 15000 15000 12 http://www.hpnlu.ac.in/ https://www.hpnlu.ac.in/page.aspx?page=41 HPN LU S HIM LA Fee Structure LL.M.

Sr. No. Fee Detail Annual Fee First Half Second Half 1 Admission Fees 5000 5000 2 Tuition Fee 80000 40000 40000 3 Facilities Fees 31500 31500 4 Campus Development Fee 10000 10000 5 Examination Fee 10000 10000 6 Library Fees 5000 5000 7 Hostel Charge 20000 10000 10000 8 Refundable Security 10000 10000 Total Fee 171500 121500 50000 9 Advance Mess Bill (adjustable against actual bill) 30000 15000 15000

1. here shall be annual increase of Rs. 5000/- in the Tuition Fee in every academic session of every programme. Such increase will equally apply to supernumerary.

4. The Fee payment can be made through online payment. The form for fee payment shall be made available on the website of HPNLU www.hpnlu.ac.in

5. Fee Payment Postal Link: https://www.hpnlu.ac.in/page.aspx?page=41 13 http://www.hpnlu.ac.in/ https://www.hpnlu.ac.in/page.aspx?page=41 HPN LU S HIM LA Note: -

1. There shall be annual increase of Rs. 5000/- in the Tuition Fee in every academic session of every programme. Such increase will equally apply to supernumerary.

2. The Fee payment can be made through online payment. The form for fee payment shall be made available on the website of HPNLU www.hpnlu.ac.in

3. Fee Payment Postal Link: https://www.hpnlu.ac.in/page.aspx?page=41

4. The fee amount indicated (*) is not included in the fee structure.

Fee Structure Ph.D.

Sr. No. Fee Detail Annual Fee 1 Admission Fee (One Time) 5000 2 Annual Fee (per year) 25000 3 Library & Computer Lab Fee (per year) 5000 4 Campus Development Fee 15000 Examination & Facilities Fees 5 Course work (One Time) 5000 6 Thesis Submission Fee* 15000 7 Re-registration Fee* 5000 8 Reappear in Course Work* 1000 (per paper) 9 Provisional Certificate Fee* 2000 10 Re-submission of Thesis* 10000 11 Change of Supervisor* 5000 12 Late fee for 6 months progress report* 1000 Hostel & Mess Charge* 13 Hostel Charge (If availed) 30000 14 Mess Advance (if availed) 30000 Refundable Charges

15. Refundable Security 10000 Total Fee 65000 Subsequent Years 30000 14 http://www.hpnlu.ac.in/ https://www.hpnlu.ac.in/page.aspx?page=41 HPN LU S HIM LA ANNEXURE-C The Himachal Pradesh National Law University (HPNLU), Shimla Courses of Study, Admission, and Curriculum Regulations,” 2019.

HPNLU Undergraduate Course Curriculum for B.A/B.B.A. LL.B. Hon’s (FYIC) Sr. 1st Semester 2nd Semester Course Code Papers/Courses Course Code Papers/Courses

1. LB-101 Law of Torts, MV Act & Consumer Protection Act LB-201 Law of Contract-I (General Principles and Specific Relief Act)

2. LB-102 Legal Methods and Research Methodology (HP2- 1) LB-202 Legislative Drafting (HP2-2)

3. LB-103 English-I LB-203 English-II

4. LB-104 Economics-I (Micro Economics)# LB-204 Economics-II (Macro Economics)# Course Code B.A.LL.B. Course Code B.B.A. LL.B. Course Code B.A.LL.B. Course Code B.B.A. LL.B.

5. BL-101 Political Science-I (Political Theory) BBL-101 Management Theory & Practice BL-201 Political Science-II (State & Political Obligation) BBL-201 Strategic Management 15 HPN LU S HIM LA

6. BL-102 Sociology-I (Introductory Sociology) BBL-102 Organizational Behavior & Psychology BL-202 Sociology-II (Sociology of Contemporary India) BBL-202 Financial Accounting 3rd Semester 4th Semester B.A/B.B.A. LL.B. B.A/B.B.A. LL.B.

Course Code Papers/Courses Course Code Papers/Courses

1. LB-301 Constitutional Law-I LB-401 Constitutional Law-II

2. LB-302 Law of Crimes-I (Indian Penal Code) LB-402 Law of Crimes-II (Code of Criminal Procedure)

3. LB-303 Law of Contract-II (Special Contract) LB-403 Administrative Law

4. LB-304 Economics-III (Economics of International Trade)# LB-404 Law, Poverty and Development Course Code B.A.LL.B. Course Code B.B.A. LL.B. LB-405 Fiscal Responsibility & Management (HP2-3)

5. BL-301 Political Science-III (International Relations) BBL-301 Audit Practices LB-406 Economics-IV (Indian Economics)#

6. BL-302 Sociology-III (Sociology of Law) BBL-302 Human Resource Management 16 HPN LU S HIM LA 5th Semester 6th Semester B.A/B.B.A. LL.B. B.A/B.B.A. LL.B.

Course Code Papers/Courses Course Code Papers/Courses

1. LB-501 Family Law-I LB-601 Family Law-II

2. LB-502 Property Law LB-602 Jurisprudence-I

3. LB-503 Company Law LB-603 Code of Civil Procedure and Limitation Act

4. LB-504 Law of Evidence LB-604 Information Technology Laws

5. LB-505 Economics-V (Public Finance)# LB-605 Economics-VI (Quantitative Techniques)# 7th Semester 8th Semester B.A./B.B.A. LL.B. B.A/B.B.A. LL.B.

Course Code Papers/Courses Course Code Papers/Courses

1. LB-701 Principles of Taxation Law LB-801 Media Law (including Right to information) (HP2-5)

2. LB-702 Intellectual Property Rights -I LB-802 Intellectual Property Rights -II

3. LB-703 Public International Law LB-803 Environmental Law

4. LB-704 (Drafting, Pleading and Conveyance) (CP1-2) LB-804 (Professional Ethics and Professional Accounting System) (CP1-3) 17 HPN LU S HIM LA 1 CP: Clinical Paper; 2 HP: Honours Paper;

*SP: Specialisation papers: There are four specialisation Groups. Group (A)- Constitutional Law; Group (B)- Business Law; Group (C)- Crime & Criminology, and Group (D)-International Law. The Coding of papers of each Group starts with ‘SP’-Specialisation followed by Group Sign indicated as A or B or C or D. Followed by a numerical number (1-6) indicating paper number of that group concluded by numerical number indicating semester and paper number of that semester. For example, the code-SPA1-805, indicated specialisation paper of group ‘A’ (i.e., Constitutional Law Group) specialisation paper 1 of that group, offered in VIII Semester and 5th paper of that semester.

5. LB-705 International Trade Law (HP2-4) SP.. 805* SP-I *

6. LB-806 Clinical Paper-1 (Moot Court Exercises and Internship) [Only for the Batches admitted in the Academic Sessions of 2016-17, 2017-18 & 2018-19] 9th Semester 10th Semester B.A./B.B.A. LL.B. B.A./B.B.A. LL.B.

Course Code Papers/Courses Course Code Papers/Courses

1. LB-901 Law of Interpretation of Statutes (HP2-6) LB-1001 Service Law (HP2-8)

2. LB-902 Alternative Dispute Resolution (ADR) (CP1-4) LB-1002 Labour Law

3. SP.. 903* SP-II* SP.. 1003* SP-V*

4. SP.. 904* SP-III* SP.. 1004* SP-VI*

5. SP.. 905* SP-IV* LB-1005 Minor Acts and Supreme Court Rules

6. LB-1006 (Moot Court Exercises and Internship) (CP1-1) 18 HPN LU S HIM LA # The University offers three Papers as major subject for B.A.LL.B in Economics, Political Science and Sociology. Similarly, the University also offers three Papers as major subject for B.B.A.LL.B in Economics, Human Resource Management and Accounts and Audit. A student is free to make a choice from above subjects respectively.

Sl.

No.

Specialization Papers/Groups (SP) Course Code (A) Constitutio nal Law Group Course Code (B) Business Law Group Course Code (C) Crime & Criminology Course Code (D) International Law

1. SPA1-805 Legal Philosophy including theories of Justice SPB1-805 Corporate Governance & Finance SPC1-805 Prison Administration SPD1-805 International Organizations

2. SPA2-902 Local selfgovernment including panchayat self-administration SPB2-902 Banking Law (including Negotiable Instrument Act) SPC2-902 Penology & Victimology SPD2-902 International Human rights

3. SPA3-903 Comparative Constitution SPB3-903 Bankruptcy & insolvency and Insurance Law SPC3-903 Forensic Science SPD3-903 International Environmental Law

4. SPA4-904 Health Law SPB4-904 Investment and Security Law SPC4-904 Offences against child & woman SPD4-904 Law of the sea

5. SPA5-1003 Federalism SPB5-1003 Competition Law SPC5-1003 White collar crimes SPD5-1003 Humanitarian & refugee law

6. SPA6-1004 Human Rights SPB6-1004 Energy Law SPC6-1004 Criminal psychology SPD6-1004 International Criminal Law Note: Each Paper (in B.A./B.B.A. LL.B. (Hons) are of four Credits, except Dissertation in the Xth Semester which is of Six Credits.

19 HPN LU S HIM LA ANNEXURE-D HPNLU Post Graduate Course Curriculum LL.M. (One Year Programme) Sl.

No.

LL.M. (One Year) Programme 1st Semester Course Code Compulsory Papers

1. LM-101 Legal Research Methodology

2. LM-102 Law and Justice in a Globalizing World

3. LM-103 Term Paper Specialization Papers Course Code Constitutional Law Course Code Criminal Law

4. LM-104 Constitutional Governance and Federalism LM-106 Criminology and Criminal Justice Administration

5. LM-105 Global Administrative Law LM-107 Criminal Justice System and Human Rights Optional Papers

6. LM-108 Media Law

7. LM-109 Victimology 20 HPN LU S HIM LA 2nd Semester Course Code Compulsory Papers

1. LM-201 Comparative Public Law

2.. LM-202 Dissertation (3 Credits) Specialization Papers Course Code Constitutional Law Course Code Criminal Law

3. LM-203 Constitutional Rights & Theory LM-205 International Criminal Law

4. LM-204 Service Law LM-206 Sentences and Sentencing Optional Papers

5. LM-207 Health Law

6. LM-208 Cyber Crimes & Cyber Security * Optional/specialisation Papers shall be offered when at least 5 students have opted the same Course.

Note: Each optional Paper LL.M. (One Year) Programme are of Two Credits, except compulsory/foundation courses and dissertation which are of three Credits each.

21 HPN LU S HIM LA

PART-II The Himachal Pradesh National Law University (HPNLU), Shimla Regulations for LL.M. (One Year) Degree Programme, 2019 Index

1. Short Title, Extent and Commencement

2. Admission

3. Course Structure

4. The Centre fir Post-Graduate Legal Studies

5. Duration of the Programme

6. The Course Curriculum

7. Dissertation

8. Term Paper

9. Examination

10. Evaluation of Students

11. Grades and Divisions 22 HPN LU S HIM LA

1. SHORT TITLE, EXTENT AND COMMENCEMENT These Regulations shall be called the Himachal Pradesh National Law University (HPNLU), Shimla Regulation for LL.M. (One Year) Degree Programme, 2019”.

These Regulations shall come into force w.e.f. 25th December, 2019.

Admission to the course of LL.M. (One Year) Degree Programme will be regulated by the these rules.

2. ADMISSION Admission to LL.M. (One Year) Degree Programme shall be done through Common Law Admission Test (CLAT).

3. COURSE STRUCTURE

3.1 The course curriculum, shown in detail, in the Himachal Pradesh National Law University Courses of Study, Admission and Curriculum Regulations, 2019, shall apply.

The relevant rules of the Himachal Pradesh National Law University Regulations for Doctorate of Philosophy (Ph. D.) Programme, 2019, AND the Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019, shall apply.

3.2 One Year LL.M. Degree programme under semester system shall have at least 18 weeks of teaching/research/practical in each semester.

3.3 The one-year LL.M programme shall have 26 credits with three mandatory courses of 3 credits each (making a total of nine credits), six optional courses of 2 credits each (making a total of 12 credits) and a dissertation of 3 credits and Term Paper of 2 credits.

3.3 The University shall offer LL.M in International and Comparative Law, Constitutional and Administrative Law, Corporate and Commercial Law, Criminal and Security Law, Family and Social Security Law and Legal Pedagogy, and Research.

4. THE CENTRE OF POST-GRADUATE LEGAL STUDIES There shall be a Centre of Post-Graduate Legal Studies (CPGLS) as per UGC guidelines.

5. DURATION OF THE PROGRAMME 23 HPN LU S HIM LA

5.1 The duration of the Programme shall be One Year in two semesters with minimum of 30 contact hours in each week and eighteen weeks for each of the two Semesters including class room teaching, library work, seminars and research.

5.2 The entire Programme shall be spread evenly for the duration of the programme, with not less than 12 credits in each semester.

6. THE COURSE CURRICULUM

6.1 The course curriculum for One Year LL.M. Degree programme shall have the following components:

i) Foundation/Compulsory Papers (3 papers of 03 credits each) ii) Optional/Specialization Papers (6 papers of 02 credits each) iii) Dissertation (03 credits) iv) Term Paper (02 credits)

6.2 A student shall take a minimum of four specialization papers from any particular Group to qualify degree of LL.M. with specialization in the particular specialization/Group. The candidate shall opt for remaining paper/papers out of the specializations offered in order to complete the number of courses prescribed to complete the Degree.

6.2 Foundation/Compulsory Papers:

The Foundation Courses shall consist of the following three subjects/papers:

A. Research Methods and Legal Writing B. Law and Justice in a Globalizing World C. Comparative Public Law

6.3 Optional/Specialization Papers:

The list of papers/subjects given in each specialization/group and of optional papers are given in (HPNLU Curriculum) Annexure-I.

7. Dissertation The dissertation shall carry a minimum of three credits (200 Marks).

8. Term Paper The Term Paper shall carry a minimum of two credits (100 Marks).

24 HPN LU S HIM LA

9. EXAMINATION

9.1 The examinations shall be conducted semester-wise.

2.2 All Examinations of the programme shall be governed by the Himachal Pradesh National Law University Examinations Regulations, 2019

10. EVALUATION OF STUDENTS

10.1 The evaluation of students in a course/paper shall consist of following three components:

(a) Seminar Paper and Presentation (15+10=25 Marks)

(b) Mis-Semester Test (25 Marks)

10.2 Notwithstanding anything stated in Rule 7 of these Regulations, the Term Paper and Dissertation shall be evaluated out of 100 Marks and 200 Marks respectively, and the same shall be examined by external expert/s.

10.3 A student shall have to secure 50% marks to pass each paper/course.

10.4 A student who fails to submit Seminar Paper/Presentation or Dissertation within the notified time, may be allowed to submit/present the same after depositing prescribed late fee.

10.5 Student failing to secure minimum pass marks in Term Paper or Dissertation shall be allowed to re-submit the same for evaluation once after depositing the prescribed fee.

11. GRADES AND DIVISIONS Award of Grades and divisions shall be governed by the Himachal Pradesh National Law University Examinations Regulations, 2019 25 HPN LU S HIM LA Part-III The Himachal Pradesh National Law University (HPNLU), Shimla Regulations for Doctorate of Philosophy (Ph.D.) Programme, 2019 Index

12. Short Title, Extent and Commencement

13. The Board of Studies

14. Research Advisory Committee

15. Eligibility and Admission

16. Allocation of Research Supervisor

17. Research Title and Synopsis

18. Course Work

19. Time Span

20. Progress Report

21. Submission

22. Evaluation

23. Viva-Voce

24. Fees 26 HPN LU S HIM LA

1. SHORT TITLE, EXTENT AND COMMENCEMENT

1.1 These Regulations shall be called the Himachal Pradesh National Law University (HPNLU), Shimla Regulations for Doctorate of Philosophy (Ph.D.) Programme, 2019.

The relevant rules of the Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019, shall apply.

1.2 These Regulations shall come into force w.e.f. 25th December, 2019.

1.4 Admission and other matters relating to Doctorate of Philosophy (Ph.D.) Programme will be regulated by these regulations. The Degree of Doctor of Philosophy may be granted in Law by the University subject to the general guidance of the Academic Council, Board of Studies, and Research Advisory Committee.

1.5 The provisions contained in this Regulation shall be applicable to candidates already registered for Ph.D. Programme.

2. THE BOARD OF STUDIES

2.1 The Board of Studies shall consist of: -

(i) The Vice-Chancellor, who shall be the Chairperson

(ii) The Dean Academic Affairs

(iii) Two faculty members nominated by the Vice-Chancellor

(iv) Two external experts nominated by the Vice-Chancellor.

Note: However, the external experts from respective social science subject/management subject shall be invited whenever any issue relating to social science /management curriculum is to be considered.

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2.2 The Board of Studies shall meet at least twice a year, and shall have the power to perform the following functions:

(i) To frame, update and make recommend the courses of study for UG, PG and Ph.D. Course Work.

(ii) To add, delete subjects/papers as per the guidelines of regulatory body.

(iii) To frame, modify the structure of the courses, term papers, dissertations, thesis and question papers etc.

(iv) Approval of Ph.D. Synopsis as recommended by Research Advisory Committee.

(v) To prepare and recommend panel of examiners for UG, PG; appointments of supervisors and examiners/experts for Ph.D. Course Work, and evaluation of Ph.D. thesis.

(vi) Any other item requiring attention of the Board.

3. RESEARCH ADVISORY COMMITTEE

3.1 There shall be Research Advisory Committee constituted by Vice Chancellor for One Year LL.M. and Ph.D. Programmes.

3.2 The Research Advisory Committee shall consist of the following:

(i) The Vice Chancellor or senior faculty member nominated by Vice Chancellor, who shall be the Chairperson.

(ii) Dean Academic Affairs or any faculty member nominated by the Vice Chancellor.

(iii) Two external experts nominated by the Vice Chancellor.

(iv) The respective Supervisor or the LL.M. /Ph.D. Scholar shall be the member when the matter regarding such scholar is being considered.

3.3 There shall be a Research Advisory Committee constituted by Vice Chancellor for LL.M.

and Ph.D. Programmes.

The Research Advisory Committee shall have the following responsibilities:

(i) To finalize the topic/title of LL.M. Dissertation and Ph.D. Thesis.

(ii) To review the LL.M. and Ph.D. Synopsis and make recommendation to Board of Studies.

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(iii) To guide the research scholar to develop the study design and methodology of research and identify the course(s) that he/she may require to do.

(iv) To review and evaluate the research scholar’s presentation of six-monthly progress of his/her work including Ph.D. course work.

(v) Any other item requiring attention of the Research Advisory Committee

3.4 A research scholar shall appear before the Research Advisory Committee to make a presentation of the progress of his/her work including Ph.D. Course Work for evaluation and further guidance.

3.5 The six-monthly progress reports shall be submitted to Board of Studies through the Research Advisory Committee.

3.6 In case the progress of the research scholar is unsatisfactory in three consecutive six monthly reports the Research Advisory Committee shall record the reasons for the same and forward the same to the Board of Studies for making specific recommendation to the Vice Chancellor.

4. ELIGIBILITY & ADMISSION:

4.1 Master’s degree in Law, with at least 55% marks in aggregate or its equivalent grade 'B' in the UGC 7-point scale (or an equivalent grade in a point scale wherever grading system is followed) or an equivalent degree from a foreign educational Institution accredited by an Assessment and Accreditation Agency which is approved, recognized or authorized by an authority, established or incorporated under a law in its home country or any other statutory authority in that country for the purpose of assessing, accrediting or assuring quality and standards of educational institutions.

4.2 A relaxation of 5% of marks, from 55% to 50%, or an equivalent relaxation of grade, may be allowed for those belonging to SC/ST/differently-abled and other categories of candidates as per the University Grant Commission guidelines from time to time.

4.3 The admission to the Ph.D. Programme shall have a two-stage process i.e. Qualifying Entrance Test and Presentation to Board of Studies.

(a) The admission to Ph.D. Programme shall be through a qualifying Entrance Test i.e. HPNLU Ph.D. Entrance Test. The Entrance Test shall be only a qualifying test. The candidate who appeared in the Ph.D. Entrance Test has to secure not less than 50% Marks (without round off) to qualify the Test. The syllabus of the Entrance Test shall consist of 50% of Research Methodology and the remaining 50% shall be from Constitutional Law and Jurisprudence.

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(b) the Candidates declared qualified through entrance test shall be required to present their research proposal before the Board of Studies.

(c) the Candidates having already qualified UGC-NET (including JRF) shall be exempted from appearing in the Entrance Test, and shall require to appear before Board to present their research proposal.

(d) The Board of Studies shall examine all the proposals, and shall recommend to the Vice Chancellor for provisional registration to the Ph.D. Programme.

(e) The approved candidate may be allowed to be registered for the Ph.D. Programme as Full Time or Part Time Researcher.

(f) For removal of doubts, it is clarified that all the interested candidates whether exempted from Entrance Test or not, should apply to Ph.D. Programme in the prescribed manner and on payment of prescribed fee notified by the University in the advertisement every year.

4.4 The candidate, on being provisionally admitted will pay the prescribed fees and will be provisionally enrolled in the University. His/her date of enrollment will be the date of the payment of fees.

4.5 A research scholar provisionally admitted to Ph. D. programme shall be required to undergo Ph.D. course work as prescribed under Rule 6. The research scholar shall have to qualify the coursework as per the Himachal Pradesh National Law University Examination Regulations,” 2019.

The duration of the course work shall be of one semester span. A scholar failing to qualify in the course work shall be given another chance to re-appear in the examination.

If a scholar fails to qualify even in the second attempt, his/her admission shall be cancelled.

5 ALLOCATION OF RESEARCH SUPERVISOR

5.1 Subject to approval of the Vice Chancellor, the Board of Studies shall allocate the Supervisor to the candidate enrolled for Ph.D. Programme.

5.2 Any regular Professor of the University with at least five research publications in refereed journals and any regular Associate/Assistant Professor of the university with a Ph.D. degree and at least two research publications in refereed journals may be recognized as Research Supervisor.

Provided that only a full-time regular teacher can act as a supervisor. The external supervisors are not allowed except in cases of interdisciplinary studies with the prior approval of the Research Advisory Committee.

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5.3 The maximum strength of students allocated to a supervisor shall be according to the designation of the supervisor i.e. Professor-08, Associate Professor-06 and Assistant Professor-04 students.

In case of joint supervision, the number of students enrolled will be counted as one for each of the Joint Supervisors.

5.4 A regular faculty member, who is no more in the services of the University, will cease to be the supervisor/joint supervisor, with immediate effect and the University will appoint another supervisor/joint supervisor in his/her place.

Provided that where a regular faculty member retires from the active service of the University due to superannuation, he/she may continue to work as supervisor if the candidate enrolled under him/her has already made pre-Ph.D. submission.

6. FINALIZATION OF RESEARCH TITLE AND PH.D. SYNOPSIS

6.1 Research scholar shall finalize his/her title of research in consultation with supervisor, and shall make presentation before the Research Advisory Committee within three months from the date of enrollment.

Provided that the Vice Chancellor may extend the time period for approval of research title for a maximum period of six months.

6.2 The Scholar shall prepare the Ph.D. Synopsis in consultation with the Supervisor and submit the synopsis within six months from date of approval of the title. He/she shall make presentation of the Synopsis before the Research Advisory Committee.

Provided that the Vice Chancellor may extend the time period for approval of Ph.D.

Synopsis for further period of six months.

6.3 The Research Advisory Committee shall, on the basis of Ph.D. Synopsis submitted and the presentation made, may recommend, with or without modification to the Board of Studies for approval.

6.4 The Board of Studies may:

(a) reject the synopsis,

(b) accept synopsis with or without modifications The Scholar shall incorporate the modifications within the time period allowed by the Board od Studies.

7. COURSE WORK 31 HPN LU S HIM LA

7.1 Every Student pursuing Ph.D. shall have to complete Ph.D. Course work. The duration of the Course Work shall of be one Semester. The Syllabi are as under (Annexure-I).

7.2 COURSE STRUCTURE

(a) LEGAL RESEARCH AND METHODOLOGY (100 Marks) 04 Credit

(b) EMERGING TRENDS IN LAW (100 Marks) 04 Credit

7.3

7.4

7.5 c)

(i) Writing of One Research Paper containing not less than 5000 words.

(ii) Conducting a pilot empirical research/field work.

(iii) Review of literature containing not less than 30 pages (MS Default).

The performance of the student in written assignments shall be evaluated by Research Advisory Committee on satisfactory / unsatisfactory criteria.

During the Ph.D. Course Work, each Scholar shall have to undertake 03 classes at UG level spread over the period of six months in one subject, which, along with the feedback of students, shall be submitted to Research Advisory Committee.

........(deleted) Subject to Rule 7.4, at the end of the Course Work, Scholar shall be evaluated through Written Examinations and Presentation before the Research Advisory Committee. The Components for evaluation shall be as follows:

(a) Written Examinations: ` (Total 200 Marks) a) Legal Research and Methodology (100 Marks) b) Emerging Trends in Law (100 Marks)

(b) Written Assignments (Satisfactory/unsatisfactory)

7.6 The result of Ph.D. Course Work shall be declared as ‘satisfactory’ or ‘unsatisfactory’. A Candidate who has secured a CGPA of not less than 5.6 shall be deemed to have completed the Course Work satisfactorily. The candidate failing to complete the course work ‘satisfactorily’, will have to reappear in Written Examination or Written Assignments as the case may be.

8. TIME SPAN FOR RESEARCH

8.1 The span period of research shall commence from the date of enrollment i.e. date of first fee submission for the Ph.D. enrollment.

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8.2` The duration of Ph.D. Programme shall be of a minimum period of three years, including course work and a maximum of six years.

Provided that women candidate and person with disabilities (more than 40% disabilities) may be allowed a relaxation of two years in the maximum duration.

Provided further that the women candidates may be provided maternity leave once in the entire duration of Ph.D. for up to 240 days.

8.3 In case, the scholar is not able to submit thesis within the prescribed time limit, he/she may apply for extension of time to the Board of Studies through the Supervisor along with written justifications. The Board of Studies, after examining the written justifications, may recommend to the Vice Chancellor for extension of time for a maximum period of six months.

8.4 In exceptional case, if the scholar is not able to submit the thesis even within the extended period of six months extended by the Board of Studies, as prescribed under Rule 8.3, the Vice Chancellor may, upon the written justifications submitted by the scholar, further extend the period to a maximum of one year.

8.5 In case the scholar is not able to submit the thesis even within the extended period, his/her enrollment shall be deemed to be cancelled.

9. PROGRESS REPORT

9.1 Every candidate enrolled for Ph.D. Programme shall be required to submit six monthly progress report through the supervisor.

9.2 Every scholar is required to submit the six-monthly progress report on or before 30th September and 31st of March in each Academic Session. Where scholar fails to submit the report within the prescribed time, he/she may submit the same after depositing late fee prescribed in this behalf.

9.3 The Progress Report shall be laid before the Research Advisory Committee and Board of Studies, and the same shall be examined as satisfactory or unsatisfactory.

9.4 Subject to Rule 3.6, where three consecutive six-monthly report of any scholar is found unsatisfactory the Board of Studies shall make recommendation to the Vice Chancellor for the cancellation of Ph.D. Enrollment of such scholar.

10. SUBMISSION OF PH.D. THESIS

10.1 On a report from the Supervisor that the thesis is likely to be submitted within six months, the Dean Academic Affairs shall convene a meeting of the Board of Studies for finalizing the panel/s of external examiners to evaluate the Ph.D. Thesis(es).

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10.2 The Supervisor shall forward a panel/s of 06 (six) external examiners, who are Professors, working or retired, with full particulars of each to the Dean Academic Affairs, who shall place it before the Board of Studies. The Board of Studies shall forward the same with/without modification to the Vice Chancellor.

10.3 From the panel/s of 06 examiners forwarded by Board of Studies, the Vice Chancellor shall appoint three examiners to evaluate, amongst whom not more than one may be from State of Himachal Pradesh.

10.4 Prior to the submission of the thesis, the research scholar shall make a pre-submission presentation before the Board Studies, and the same will be open to all faculty members and research students for getting feedback and comments, which may suitably be incorporated into draft thesis under the advice of the supervisor.

10.5 The Research Scholar shall submit his/her thesis (06 Copies) along with abstracts (08 Copies) and the soft copy thereof (CD) in the prescribed format within a period of three months from the date of Pre-Ph.D. presentation.

10.6 The research scholar shall publish one research paper (in the relevant area) in a refereed journal, and make two paper presentations in conferences/seminar before submission of thesis. The scholar is required to submit the same in the form of the reprint or photocopy.

10.7 The research scholar shall submit to the Thesis Section of the Examination Branch, four copies of thesis, duly signed by the Supervisor along with the following -

(a) A certificate by the Supervisor counter signed by Dean Academic Affairs (Annexure- II)

(b) A declaration by the candidate (Annexure- II)

(c) A certificate along with similarity index duly signed by authorized person/expert countersigned by the Supervisor and the Dean Academic Affairs indicating the percentage of plagiarized material which in no case should exceed 10%.

(d) Citation of the thesis in the prescribed manner signed by the Supervisor and countersigned by the Dean Academic Affairs.

(e) A Compact Disk (CD) which shall include Citation, Research Synopsis, Abstract, Ph.D. Thesis, and a Passport Size Photo of the Research Scholar.

10.8 The research scholar may incorporate in his thesis the contents of any work which he may have published on.

10.9 At the time of depositing the thesis, candidate is required to provide, in the prescribed format: - 34 HPN LU S HIM LA

(i) No Objection/No Dues Certificate from Library,

(ii) No Objection/No Dues Certificate from the Account Section,

(iii) No Objection/No Dues Certificate from Establishment,

(iv) No Objection/No Dues Certificate from the office of Dean Student Welfare

(v) Any other Office/Authority prescribed in this regard

11. EVALUATION OF PH.D. THESIS

11.1 A period of two months shall be given to the examiners for evaluating the thesis.

However, if the report is not received within six months from the date of dispatch, the Controller of Examination shall initiate the process, after seeking approval from the Vice Chancellor, to get it evaluated from another examiner.

11.2 The examiner shall examine the thesis and submit the report in the prescribed format provided in this behalf, along with such additional observations, as she/he may deem necessary. In his/her assessment, the Examiner shall be required to express his/her categorical opinion on the following points:

(i) that the thesis is an original piece of research work.

(ii) that the thesis contributes to the existing knowledge either form the point of the discovery of new facts or the interpretation of existing facts or both;

(iii) that the research scholar has given proof of consistent thinking and critical approach to the problem enunciated by him/her;

(iv) that the literary presentation of the thesis is satisfactory;

(v) that the research scholar has adequately acknowledge the existing sources/literature.

11.3 The examiner shall make a clear recommendation that:

(a) The thesis be accepted for the Ph.D. degree; or

(b) The thesis be rejected; or

The report under clause (b) or (c) shall include the grounds on which the recommendation is based. The examiner shall also indicate questions to be asked from the research scholar during the viva voce.

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11.4 When all the reports have been received, the Controller of Examination shall initiate the process to seek the approval of the Vice Chancellor for conducting of the public Viva Voce from any of the external examiners.

11.5 If all the three external examiners recommend rejection of the thesis, the Vice-Chancellor shall order for the rejection of the thesis.

11.6 In case, two of the three examiners recommend the thesis for the award of the degree, the Controller of Examination shall initiate the process mentioned under Rule 11.4 for pubic viva voce.

11.7 Where, two of the external examiners are in favour of re-submission of the thesis in a revised form, the research scholar shall be directed to re-submit a revised version of his/her thesis not later than six months from the date of such a decision. The research scholar shall be supplied extracts of the reports of the examiners indicating the line on which the thesis is to be revised. The thesis so resubmitted shall be sent for evaluation, preferably to the same examiners.

11.8 In case where, two of the external examiners rejected the thesis, the matter shall be laid before the Board of Studies. The Board of Studies may accept the recommendation made by examiners or permits re-submission of a revised version of his/her thesis not later than six months from the date of such a decision. The thesis so revised, shall be sent for evaluation as per the regulation.

11.9 The research scholar shall be allowed to re-submit the thesis after depositing requisite fee notified in this regard.

12. VIVA VOCE

12.1 The Vice Chancellor shall constitute a Board of Examiners for conducting Viva Voce. The Board of Examiners for viva voce shall consist of:

(a) Nominee of the Vice Chancellor who shall be the Chairperson

(b) External Examiner who has evaluated the thesis

12.2 Two members including External Examiner shall constitute the quorum of the Board of Examiners.

12.3 The research scholar shall have to defend the thesis before the Board of Examiners in the public viva voce to be conducted by the Board of Examiners as per the date notified by the Controller of Examination in consultation with the External Examiner in this regard.

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12.4 If the Board of Examiners is satisfied with the performance of the research scholar, the Board shall recommend the award of the degree of Doctorate of Philosophy (Ph. D.) to the research scholar.

12.5 If the research scholar’s performance is judged to be unsatisfactory, the Board of Examiners may give the research scholar a second chance for the defense.

12.6 The reports of the examiners and viva voce shall be submitted to Vice Chancellor, who may pass orders for granting provisional degree, subject to the approval of the Academic Council and the Executive Council, whose decision shall be final.

12. FEES AND REMUNERATION: The fee-structure for Ph.D. Programme and the remuneration for evaluation etc., shall be as specified under Annexure-B of The Himachal Pradesh National Law University (HPNLU), Shimla Courses of Study, Admission, and Curriculum Regulation,” 2019, and Annexure-I of the Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019, respectively.

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PART-IV The Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019 Index

25. Short Title, Extent and Commencement

26. Controller of Examinations

27. Attendance

28. Examination and Evaluation System

29. Question Paper Formation

30. Moderation Committee

31. Medium and Duration of Examination

32. Re-Appear and Improvement of Grade

33. Invigilation of Examinations

34. Grace Marks

35. Scrutiny

36. Re-Evaluation of Answer Scripts

37. Promotion to Subsequent Year and Award of Degree

38. Credit System

39. Use of Unfair Means

1. SHORT TITLE, EXTENT AND COMMENCEMENT 38 HPN LU S HIM LA

1.1 These Regulations shall be called the Himachal Pradesh National Law University, Shimla, Examinations Regulations, 2019.

1.2 These Regulations shall come into force w.e.f. 25th December, 2019.

Admission to various Courses offered by University shall be regulated by the Himachal Pradesh National Law University, Shimla Courses of Study, Admission, Curriculum and Examination Regulations, 2019.

The relevant rules related to the Board of Studies, The HIMACHAL PRADESH NATIONAL LAW UNIVERSITY REGULATIONS FOR DOCTORATE OF PHILOSOPHY (Ph. D.) PROGRAMME, 2019, shall apply.

2. CONTROLLER OF EXAMINATIONS (COE): There shall be an office of Controller of Examinations.

2.1 APPOINTMENT AND RESPONSIBILITIES OF THE CONTROLLER OF EXAMINATIONS

2.2 The Vice-Chancellor shall appoint the Controller of Examination.

2.3 The Controller of Examination shall be responsible for implementation of the rules contained in the Regulations. of the Himachal Pradesh National Law University Examinations Regulations, 2019).

2.4 The Controller of Examinations, in consultation with the Vice-chancellor, shall plan, organize, supervise and take decisions in all examinations related matters. The COE may make recommendations to the Vice-Chancellor for any desired changes/modifications/ amendment of these Regulations from time to time.

2.5 The COE may make recommendations to the Vice-chancellor for approval of procedures for maintenance of examinations and academic records by the Examination Branch.

2.6 The examination process, being confidential in nature, no person, students, faculty members, staff or outsiders, shall seek access to the secrecy branch of the office of COE for any reason whatsoever. Any query may be made at the inquiry counter of the Examination Branch.

3. ATTENDANCE

3.1 Attendance in Undergraduate Courses: No student of any of the Undergraduate Courses shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together.

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Provided that if a student for any exceptional reasons fails to attend 70% of the classes held in any subject, the vice-Chancellor of the University may allow the student to take the test if the student concerned has attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together.

3.2 Attendance in Post Graduate Courses: A minimum of 75% attendance shall be compulsory to appear in the End Semester Examinations. The Percentage shall be calculated on the basis of average of attendance in all the papers of relevant semester. A candidate who fails to obtain 75% of attendance shall not be allowed to sit in the examinations.

3.3 Academic leave: The Academic leave shall only be granted by the Vice Chancellor on the recommendation of the Dean Academic Affairs. While applying for academic leave, the student shall specify the class hour(s) that he/she may be absent for. Academic leave shall be given for a class hour/set of class hours, and not in terms of days. An academic leave form shall accordingly be filed and forwarded to concerned faculty for preparing attendance record.

3.4 The Academic leave to a student shall be considered, subject to the prior approval of the Vice Chancellor, or any person designated by him, for participation in moot court competitions, seminars, conferences, or any other academic, co-curricular and extracurricular activities. It is further clarified that academic leave shall not be granted for participation in Summer School programmes, internships, job interviews, passport/visa interviews or examinations of any kind internal and external etc., under any circumstances.

3.5 Invitation for participation in any of the activities, for which a student may be granted academic leave, should be addressed to and received by the University.

3.6 Academic leave shall not exceed 15% of the total classes in any given semester. The Academic leave shall include Travel/journey period.

3.7 It is clarified that in case a student is unable to appear in any examination, on any grounds whatsoever, there shall not be any rescheduling of the said examination.

3.8 If a student is assigned any University assignment, duly granted by appropriate authority with the approval of Vice-chancellor, he/she shall be granted attendance for the period.

4. EXAMINATION AND EVALUATION SYSTEM

4.1 The University follows the Credit-based Semester System for the purpose of Examination and Evaluation and award of Degree/diploma/certificate in all the courses/programmes.

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4.2 Each course run by the University shall be examined internally as well as externally to ensure a comprehensive assessment of performance the students throughout the semester.

The distribution of marks in the examination shall be as per the following table.

Sr. No. Internal/External Assessment Marks Internal Assessment 2 Assignment & Presentation 25 (15+10) 3 Mid-Semester Examination 25 External Assessment 5 Semester–End Examination 50 Total 100

4.3 Internal Assessment of each paper is based on the parameters of Mid-Semester Test, and assignment & presentation made by students in each course/paper.

4.4 The assignment & presentation/viva-voce and practical examination, if any, shall be conducted as per the Academic Calendar of HPNLU, Shimla.

4.5 ‘Mid Semester Tests’ shall be conducted after completion of at least 50 % of any given course.

4.6 The schedule for all Examinations shall be notified by the Controller of Examinations in consultation with Vice-chancellor, in advance, at least one week before the scheduled date of the examination.

4.7 For the purpose of End-Semester Examinations, necessary arrangements including filling of examination form, issuance of Admit Card etc., seating plan and other arrangement shall be prepared as per direction of the Controller of Examinations.

4.8 The University may provide honorarium to all external/internal examiners as prescribed under Annexure-I.

4.9 Subject to the UGC regulations/notifications, the Differently-abled students may be allowed to use relevant assistive devices for specific papers where such devices are necessary. Such a candidate may be provided with a scribe by the University.

4.10 Question Paper Setting and assessment of courses/subjects, in both, Mid-Term and End Term Examinations may be internal or external as decided by the Controller of Examination with the approval of Vice-Chancellor.

5. QUESTION PAPER FORMATION 41 HPN LU S HIM LA

5.1 There shall be internal/external setting of question papers for Mid/End-Semester Examinations.

5.2 Subject to the recommendations of the Board of Studies and approval of the Vicechancellor, the COE shall prepare the panel of question paper setters/ examiners.

5.3 Questions set in the question paper shall cover specified syllabus in the Mid Semester Examinations and the entire syllabus of the paper in the End-Semester Examinations. The question papers in all courses, shall comprise of combinations of theory and problems, designed to evaluate analytical skills of students.

5.4 Question paper of Mid Semester Examinations shall have two Sections. Section ‘A’, shall be compulsory, containing 02 ‘Short Answer’ type questions, (at least one from module 1 and one from module 2 of the syllabus), carrying 03 marks each.

Section ‘B’ of the question paper shall be Descriptive in nature and shall have 02 questions (i.e. one from module 1 and the other from module 2, of the syllabus), with additional option from the respective modules, carrying 8 marks each.

5.5 Question paper for End-Semester Examination shall have two Sections. Section ‘A’, shall be compulsory, containing 06 ‘Short Answer’ type questions, (at least one from each module of the syllabus), carrying 3 marks each.

Section ‘B’ of the question paper shall be Descriptive in nature and shall have 04 questions (at least one from each module of the syllabus), with additional option from the respective modules, carrying 08 marks each.

5.6 For the Mid/End-Semester Examinations, 01 sets of question papers shall be prepared by a question paper setter and shall be submitted to the Controller of Examinations as per the schedule notified in this regard.

6 MODERATION COMMITTEE

6.1 There shall be a Moderation Committee consisting of three-members coordinated/headed by the Controller of Examination. The Vice-Chancellor shall nominate two-faculty members to the Moderation Committee.

6.2 The Moderation Committee shall moderate all question papers, and shall finalize the question paper. The Committee shall have the power to take suitable policy decisions in this regard. Moderation Committee shall also moderate the results of the above said examinations.

7. Medium and Duration of Examination

7.1 Except for language paper(s), the medium of examination shall be English only.

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7.2 The duration of Mid Semester Examination shall be 90 Minutes with 30 Minutes additional compensatory time to differently-abled student who are provided with a scribe.

Student who during examination is unable to write due to any physical injury may ask for a scribe after filling up the prescribed form and submission of medical certificate.

7.3 The duration of End-Semester Examination shall be of 3 hours, with 60 Minutes additional compensatory time to differently-abled student who have difficulty in writing.

Student who during examination is unable to write due to any physical injury may ask for a scribe after filling up the prescribed form and submission of medical certificate.

8 RE-APPEAR AND IMPROVEMENT OF GRADE

8.1 Subject to other provisions of this Regulations, a student of any undergraduate courses shall have to secure 45% marks to pass the course/paper.

For LL.M. one-year Programme a student shall have to secure 50% marks to pass the course/paper.

8.2 A student who failed to secure a minimum pass marks as per Rule 8.1 or absents himself/herself from an examination shall be declared “Failed” in that course. He/she shall appear in the Reappear Examination for that course. If he/she passes the course in the Reappear Examination, the grade obtained shall have ® mentioned against it in the transcript.

8.3 If any student or a group of students, under a common understanding, intentionally absents himself/herself/themselves from any scheduled examination, he/she/they shall not be allowed to write the reappear examination and will be considered “Failed” in that course. They shall have to reappear in the examination for the course as per schedule, after due payment of the prescribed fee. The decision of the Controller of Examination as to whether the absence was pursuant to a common understanding shall be subject to an appeal to the Vice Chancellor.

8.4 The Reappear Examination shall generally be organized with regular Semester Examinations i.e. with Mid Semester as well as End Semester. However, with the approval of Vice Chancellor, special Repeat Examination(s) may be conducted for Students of Final Year in each Programme. The Grades obtained in the Reappear Examinations shall be indicated with ® at the top of the Grade. It is further clarified that repeat examinations shall be for the written examination component only i.e. Mid Semester & End Semester Examination respectively (50 + 25= 75 marks). The marks awarded for assignment/projects and the viva voce shall remain as originally awarded.

Students who appear for repeat examination shall be allowed to do so only against the prescribed fee.

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8.5 Subject to Rule 13.6, students desirous of improving their Grades may apply formally to the Controller of Examinations with the prescribed fee and appear in Reappear Examinations, End-Term examination component only, as mentioned in rule 8.4 of this Regulations. The Grade originally obtained by such candidate at the end of the semester examination will be cancelled and the Grade obtained pursuant to the marks obtained at the Reappear Examinations will be treated as final. However, if student fails to appear in the Improvement Examination, then his original grade shall remain unchanged.

8.6 A student who absents himself or herself from assignment/projects and the viva voce component of examination in a paper/subject, shall be allowed to give his/her assignment/projects and the viva voce during regular Semester. Students who is allowed to appear for assignment/projects and the viva voce, component of examination, under this Regulations, shall be allowed to do so only against the prescribed fee.

8.7 The fees for duplicate hall tickets, showing of end-term answer scripts, Reappear/Repeat Examinations, Improvement Examination shall be payable as specified in Annexure-II.

9. INVIGILATION OF EXAMINATIONS

9.1 Examination duty shall be compulsory for the teaching faculty and the non-teaching staff.

9.2 Invigilator-examinee ratio shall be 1:25. For the conduct of Mid/End Semester examinations, there shall be a Centre Superintendent and a Deputy Superintendent and Invigilators.

9.3 The COE shall communicate the schedule of examination duties to all the teaching and non-teaching staff prior to commencement of the examination. The Centre Superintendent shall ensure equitable distribution of examination duties, as far as possible in each paper on day to day basis. .

9.5 The payment for paper setting, moderation, evaluation of answer scripts, term paper and dissertation shall be made as prescribed under Annexure-I.

10 GRACE MARKS

10.1 A student who has failed in any subject, may get grace marks up to not more than 6 marks to clear his paper(s).

10.2 A student shall get the benefit of grace marks up to 6 marks only to the maximum of two subjects (i.e. total of 6 grace marks can be divided between two subjects in such cases).

10.3 If a student has failed in more than two subjects, grace marks shall be given in the first two papers according to the course code of the Subject.

11. SCRUTINY 44 HPN LU S HIM LA

11.1 A student not satisfied with the marks secured in the End-semester examinations can apply for scrutiny on the prescribed format and by the payment of scrutiny fee as prescribed under Annexure-II.

11.2 Scrutiny shall mean the evaluation of un-checked answers and re-checking of the totaling of marks in any given paper. The student is free to apply scrutiny for any number of papers in a given semester. However, for any paper, this facility may be availed only once.

11.3 For scrutiny, a student shall have to fill up a scrutiny form which shall be made available by the office of Controller of Examinations.

11.4 The Office of Controller of Examinations shall notify the instructions for Scrutiny from time to time.

11.5 If there is any change in the marks of the student after the scrutiny, the student shall be provided the revised Mark Sheet on the submission of his original Mark sheet.

11.6 If a failed student secures passing marks after scrutiny, he/she shall be entitled for promotion to the subsequent semester without depositing any late fee.

12. RE-EVALUATION OF ANSWER SCRIPT

12.1 A student seeking revaluation of an answer script of an end-semester examination (or Reappear) may apply to the Controller of Examination within 10 days from the date of declaration of results in the prescribed form, and submit fee of Rs. 2000/- per paper. If the result is declared during vacations, the request shall be made within one week from the date of re-opening of the University.

12.2 The Controller of Examination shall place the request before the Vice Chancellor. The Vice Chancellor may approve the request and nominate re-evaluator from the panel of examiners to be approved by Board of Studies.

12.3 In case of re-evaluation being successful, the student shall be awarded the grade as per the revaluation. However, if the difference between the original marks awarded and marks obtained in revaluation is more than 10 marks, the average of the both shall be treated as final award.

13. PROMOTION TO SUBSEQUENT YEAR AND AWARD OF DEGREE

13.1 Student securing at least 5.6 CGPA shall be awarded degree/diploma.

13.2 Subject to Rule 13.6, a student securing ‘C’ grade in the requisite number of papers shall be promoted to subsequent year. If a student fails to secure ‘C’ grade or 5.6 CGPA in the requisite number of papers for the award of Degree she/he may apply for improvement 45 HPN LU S HIM LA under rule 8. If the student has secured ‘C’ Grade in all papers, but fails to secure 5.6 CGPA, she/he shall have to improve the CGPA by reappearing in papers of his/her choice.

13.3 No student shall be promoted to the subsequent year of the Programme except by way of rule 13.6. If a student who has been debarred from appearing in an end-semester examination due to shortage of attendance in a compulsory paper, she/he shall not be promoted to the subsequent year.

13.4 Subject to Rule 13.6, if a student is not being promoted to subsequent year of the program, he/she shall be required to re-register for the said course/courses when these are again offered, by paying the prescribed fees. Such student shall be evaluated for 100 marks (50+25+25).

13.5 A student who has declared failed due to shortage of attendance, and not been promoted to the next year of the program, shall require to re-register himself for those said course when they are again offered by paying the prescribed fees. Such re-registered student shall be evaluated for 100 marks.

13.6 Promotion Scheme to subsequent years shall be based on the following rules:

For promotion to 2nd year – A student shall have passed 70% of all papers i.e., 08 out of 12 papers of the 1st year.

For promotion to 3rd year - A student shall have passed all papers of the 1st year and passed 70% of all papers i.e., 07 out of 10 courses of 2nd year For promotion to 4th year, a student shall have passed all courses of the 1st and 2nd years and passed 70% of all papers i.e., 07 out of 10 courses of the 3rd year For promotion to 5th year, a student shall have passed all courses of the 1st, 2nd and 3rd years and passed 70% of all papers i.e., 07 out of 10 courses of the 4th year.

14. CREDIT SYSTEM

14.1 Credit connotes the unit that gives weight to the value level or time requirement of a course. 01 Credit shall be equal to 15 Teaching Hours. If a course has 6 papers in semester, and each paper is having 4 Credits, then the total credits of the paper of the Semester shall be calculated 4 (credits per paper) * 6 (number of papers) = 24 (Total Credits of the Subject).

14.2 Grade Value shall mean the value assigned to the marks obtained by a student in a paper.

Grade value is based on 10-point scale.

46 HPN LU S HIM LA

14.3 Letter Grade shall mean the Alphabetical Grade/s determined on the basis of Grade Value obtained by the Student in a paper. The Grade Value on 10-Point Scale, and the letter grade to be given to the student, is on the basis of Grade Value obtained by the Student.

The Table given below shows the marks range, grade value and corresponding letter grade.

Sr.

No.

Marks Range (Out of 100) Grade Value (10-point Scale) Letter Grade 1 90 and above 10 A+ (Outstanding) 2 80 and above but below 90 09 A (Excellent) 3 70 and above but below 80 08 B+ (Distinction) 4 60 and above but below 70 07 B (Good) 5 50 and above but below 60 06 C+ (Average) 6 45 and above but below 50 05 C (Pass) 7 00-44 00 F (Fail) * No round off shall be allowed in calculating Marks Percentage.

For Example: In a paper, if a student secures marks in the range of 70-79, the Grade Value for that paper shall be 8, and the latter Grade for that paper shall be B+ (Distinction)

14.4 Grade Point shall be calculated by multiplying the Grade Value obtained by the student and the Credits of that paper. For example, if the student secures the Grade Value 08, and the Credit of the paper is 04, then the Grade Point of the student in that paper shall be 8*4= 32

14.5 Semester Grade Point Average (SGPA) of a student shall be calculated as the sum total of the Grade Points secured by the student in all the papers of a semester divided by total Credits (sum total of credits of all the papers in that semester) in a semester.

For Example: If there are 6 papers in a semester, and each paper is having 4 Credits, total Credits of the Semester shall be calculated as 6*4=24.

If the student is securing grade points as 24 (GP1), 28 (GP2), 32 (GP3), 32 (GP4), 36 (GP5) and 40 (GP6) in Paper 1 (P1), Paper2 (P2), Paper 3 (P3), Paper 4 (P4), Paper 5 (P5), Paper 6 (P6), respectively, then the SGPA shall be calculated as (GP1) + (GP2) + (GP3) + (GP4) + (GP5) + (GP6) divided by the total credits.

Therefore, SGPA = (24 + 28 + 32 + 32 + 36 + 40) ÷ 24 So, the SGPA = 192 ÷ 24 SGPA = 8

14.6 Quality Points (QP) is the sum total of all the grade points obtained in semester.

47 HPN LU S HIM LA For Example: GP1 + GP2 + GP3 + GP4 + GP5 + GP6 = Quality Points.

There for, QP is: 24 + 28 + 32 + 32 + 36 + 40 = 192

14.7 Cumulative Grade Point Average (CGPA) shall be the sum total of Quality points of all the Semesters of a course till date divided by Total Credits of the Course till date. CGPA shall be considered up to two decimal places.

CGPA = Total Quality Points in a Course ÷ Total Credits of the Course

14.8 The calculation of CGPA in the second semester and the consecutive semesters shall be done according to the following formula:

CGPA of semester II = QPI + QP II ÷ Total Credits of Semester I + II Similarly, CGPA of semester III = QP I + QP II + QP III ÷ Total Credits of Semester I + II + III Other semester’s CGPA shall be calculated in the like manner.

14.9 The Division obtained shall be calculated on the basis given bellow:

14.10 University degree shall be awarded to the students securing C or above grade in all of its papers, and an overall CGPA of not less than 5.6.

14.11 The Conversion formula for converting CGPA to the corresponding percentage of marks shall be as follows:

X = 10Y-4.5 Where X = Percentage of Marks; Y = CGPA; 10 is 10-point scale, and 4.5 is the mean value of Class Interval of marks range.

15. Rules against ‘Unfair means’ and Committee against Use of Unfair Means in examinations

15.1 There shall be a Committee against Use of Unfair Means in examinations constituted by the Vice Chancellor.

Sr. No. CGPA Division 1 8.45 and above First Division with Distinction 2 6.45 and above, but below 8.45 First Division 3 5.6 and above, but below 6.45 Second Division 48 HPN LU S HIM LA

15.2 The Committee against Use of Unfair Means shall submit report/recommendations to the Controller of Examinations who shall impose the penalty with reasons in writing. An appeal can be made to the Vice-Chancellor who shall uphold/reduce/condone the penalty.

15.3 Unfair means and other malpractices in relation to the examination shall mean as specified in Annexure-III.

49 HPN LU S HIM LA ANNEXURE-I Honorarium/remunerations for experts/examiners/evaluators etc., .

TITLE UG PG Ph.D.

1. Paper setting (internal) 500/- 700/- 700/-

2. Paper setting (external) 1000/- 1200/- 1500/-

3. Moderation (each paper) 100/- 150/- 150/- Evaluation a. Paper (internal) 30/- (Per answer script) 50/- (Per answer script) 50/- (Per answer script) b. Paper (External) 50/- (Per answer script) 60/- (Per answer script) 100/- (Per answer script) c. Dissertation (LL.M.) 1000/- 1000/- d. Ph.D. Thesis 1000/- 1000/- 2,000/- e. Viva Voce 1,000/- 1,500/- 1,500/- f. Checking Assistant (for each Answer Scripts) 01/- 01/- 01/- HIMACHAL PRADESH NATIONAL LAW UNIVERSITY SHIMLA 50 HPN LU S HIM LA EXAMINATIONS REGULATIONS, 2019 ANNEXURE-II Prescribed fees for Reappear/Repeat/improvement/scrutiny/revaluation etc., .

TITLE UG PG Ph.D.

4. Re-registration 5000/- 5000/- 5000/-

5. Dissertation Reappear/Repeat/Improvement (per paper) 1000/- 1000/- 1000/-

6. Scrutiny (per paper) 200/- 200/- 200/- Revaluation (per paper) 2000/- 2000/- 2000/- Resubmission of Term Paper -- 1000/- --- Resubmission of Dissertation/thesis --- 3000/- 15000/- Re-submission of Ph.D.

Research Synopsis -- ---- 2000/- Late fee for submission of Six- Monthly Progress Report --- --- 1000/- Provisional Degree 500/- 500/- 2000/- Duplicate Marksheet 1000/- 1000/- --- 51 HPN LU S HIM LA HIMACHAL PRADESH NATIONAL LAW UNIVERSITY SHIMLA EXAMINATIONS REGULATIONS, 2019 ANNEXURE-III Guidelines on Use of Unfair Means in Examinations No candidate shall use unfair means or indulge in disorderly conduct at or in connection with examinations Here "Candidate" means an examinee taking an examination. Examination means any examination, Mid-Term, End-Term, Project, Assignment etc. which are considered as part of assessment/evaluation for awarding grades/marks in a subject.

UNFAIR MEANS SHALL INCLUDE THE FOLLOWING:

1. During examination time having in possession or access to a. Any paper, book, note or any other unauthorised material which has relevance to the syllabus of the examination paper concerned.

b. Mobile Phones or any electronic gadget other than calculator, even in switch off mode, which can potentially be used for communication or copying.

c. Anything written on any other instrument or any kind of furniture or any other substance which may have relevance to the syllabus of the examination of the course paper concerned.

d. Anything written or signs made on the body of the candidate or his/her clothes/garments, handkerchief etc. which may have relevance to the syllabus of the examination paper concerned.

e. Anything written on the question paper which may have relevance to the syllabus of the examination paper concerned.

2. Giving or receiving assistance in answering the question papers to or from any other candidate/person in the examination hall or outside during the examination hours.

3. Talking to another candidate or any unauthorised person inside or outside the examination room during the examination hours without the permission of the invigilating staff.

4. Swallowing or attempting to swallow or destroying or attempting to destroy a note or paper or any other material.

5. Impersonating any candidate or getting impersonated by any person for taking the examination.

52 HPN LU S HIM LA PUNISHMENT A candidate found using unfair means or involved in disorderly conduct or disturbing other candidates, at or in connection with an examination shall be referred to the Disciplinary Committee relating to Use of Unfair Means in Examination. The committee shall consider the UFM cases as referred to it by the Controller of Examinations. The committee may recommend for awarding one or more of the following punishments:

1. Cancellation of the examination of the paper in respect of which he is found to have been guilty; and/or

2. Cancellation of the examination of the semester examination for which he/she was a candidate and/or debarring from examination for future semester(s).

3. Any other punishment deemed suitable by the committee.

NORMS OF PUNISHMENT The following norms for punishment are laid down.

1. If the candidate is found having in his possession of any material relevant to the syllabus of the examination paper concerned but has not copied from or used it, a. The punishment will be the cancellation of the examination of that particular paper and he/she will be awarded F grade in that paper with all the consequences to follow. However, if the material found in possession of the candidate is of insignificant nature the punishment may be relaxed to the extent that he/she will be given the chance to reappear in the examination.

2. If a candidate is found to have copied from or used the material caught, a. The punishment will be the cancellation of the present semester examination and he/she shall be awarded F grade in all the papers of that semester with all the consequences to follow.

3. If the candidate is found talking to another candidate or to any unauthorized person inside or outside the examination hall during the examination hours without the permission of the invigilator his examination in that paper may be cancelled and F grade will be awarded in that paper with all the consequences to follow.

4. If the candidate is found reading or possess some incriminating material relevant to the syllabus of the paper in Examination Premises, his/her examination in that particular paper or his whole semester examination depending on the gravity of the offence shall be cancelled.

5. If the candidate is found giving or receiving assistance in answering the question papers to or from any other candidate/person in the examination hall or outside during the examination hours, his/her examination in that particular paper will be cancelled and F grade will be awarded in that paper with all the consequences to follow.

6. If the behaviour of the candidate on being caught is unsatisfactory or the candidate uses resistance/violence against the invigilator or any person on examination duty or consistently refuses to obey the instructions, the above punishments may be enhanced 53 HPN LU S HIM LA according to the gravity of the offence as deemed fit by the Unfair Means Committee.

All such cases shall be reported to the Academic Council in its subsequent meeting.

PART-IV SAVING

1. Removal of difficulty: The Vice Chancellor is authorized to make necessary changes in these Regulations to remove difficulty and bring it in consonance with the corresponding statutory requirement.

Sd/- Registrar 54

The Himachal Pradesh National Law University Academic Regulations, 2019

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