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

The National Law School and Judicial Academy, Assam Act, 2009State Act of Assam · Act 25 of 2009

(1) the Director General of the Law School;

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

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

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

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

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

(vii) Registrar General of the Gauhati High Court;

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

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

( x) the Registrar of the Law School;

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

(xii) three Senior teachers to be nominated by the Director General of the Law School of whom, as far as possible, one shall be amongst Heads of the Departments, one from Professors and one from Associate Professors.

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

(3) (i) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall be co-terminus with the office held by him;

(ii) the term of office of the nominated members of the Executive Council other than ex-officio members shall be three years;

(iii) a member of the Executive Council shall cease to be member, if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude. A member, other than the Director General of the Law School or Registrar of the Law School or teachers, shall also cease to be a member if he accepts a full time appointment in the Law School or if he being a teacher fails to attend three consecutive meetings of the Executive Council without the leave of the Director General of the Law School;

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

(iv) a member of the Executive Council other than an ex-officio member may resign' his office by a letter addressed to the Director General of the Law School and such resignation shall take effect as soon as it has been accepted by him;

(v) any such vacancy in the Executive Council shall be filled by nomination by the respective nominating authority and on expiry of the period of vacancy, such nomination shall cease to be effective.

Powers, Functions and Meetings of the Executive Council

12. (l)Subject to the provision of section 10, the Executive Council shall be the Chief Executive Authority of the Law School and as such shall have all powers necessary to administer the Law School subject to the provisions of this Act and the Statutes made there under and may make Regulations for that purpose and also with respect to matters provided hereunder ( 2) the Executive Council shall have the following powers and functions

(i) to propose as and when required to the General Council for appointment as Director General of the Law School, a panel of three names after considering the recommendations of Selection Committee constituted for that purpose by it;

(ii) to recommend the names of three persons to the President for appointment as Registrar of the Law School on the recommendations of the Selection Committee constituted for that purpose by it;

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

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

(b) a statement of accounts; and

(c) budget proposals for the ensuing academic year ;

(iv) to manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the Law School and for that purpose, constitute committees and delegate the powers to such committees or such officers of the Law School as it may deem fit;

(v) to invest any money belonging to the Law School, including any unapplied income, in such stock, funds, shares or securities, as it may, from time to time, think fit, or in the purchase of immovable property in India, with the like power of varying such investments from time to time;

(vi) to transfer or accept transfers of any movable or immovable property on behalf of the Law School;

1524 THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009

(vii) to enter into, vary, carryout and cancel contracts on behalf of the Law School and for that purpose to appoint such officers as it may think fit;

(viii) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the Law School;

(ix) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers, the teachers, the students and the employees of the Law School;

(x) to create teaching, administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify the minimum qualifications for appointment to such posts on such terms and conditions of service as may be prescribed by the Regulations made in this behalf;

(xi) to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

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

(xiii) to exercise such other powers and to perform such other duties as may be considered necessary; or imposed on it by or under this Act.

(3) (i) the Executive Council shall meet at least once in four months and not less than fifteen days notice shall be given of such meeting;

(ii) the meeting of the Executive Council shall be called by the Director General of Law School or by the Registrar either on their own or at the request of not less than five members of the Executive Council;

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

(iv) in case of differences of opinion among the members, the opinion of the majority shall prevail;

(v) each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the President of the Executive Council or as the case may be, the Member presiding over that meeting shall, in addition, have a casting vote;

(vi) every meeting of the Executive Council shall be presided over by the Director General of the Law School and in his absence by a member chosen by the members present;

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

Academic Council Powers, functions and meetings of the Academic Council

(vii) If urgent action by the Executive Council becomes necessary, the Director General of the Law School may permit the business to be transacted by circulation of papers to the members of the Executive Council. The action so proposed to be taken shall not be taken unless agreed to by a majority of members of the Executive Council. The action so taken shall be forthwith intimated to all the members of the Executive Council.

The papers shall be placed before the next meeting of the Executive Council for confirmation.

Where this provision sits

ActThe National Law School and Judicial Academy, Assam Act, 2009
Section11
Marginal note(1) The Executive Council shall consist of the following persons, namely
JurisdictionState of Assam
StatusIn force as published by the source

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