(a) the Director General of the Law School;
(b) the Registrar of the Law School;
(c ) Heads of the Departments;
(d) such other officer as may be prescribed by the Statutes or Regulations.
The Director General of Law School
17. (1) The Director General of the Law School shall be an academic person and an outstanding scholar in law with published works o f high quality to his credit or a person who has been a judge o f the High Court. He should, in the estimation o f the General Council, be capable o f providing effective THE ASSAM GAZETTE. EXTRAORDINARY SEPTEMBER 19, 2009 1529.
leadership to the Law School community. He shall be appointed by the President on the basis of the recommendations of the General Council from out of the panel prepared by the Selection Committee appointed by the Executive Council and proposed by the Executive Council. The term of the office of the Director General of the Law School is initially for a period of not more than three years and he is eligible for re-appointment. On the expity o f his term, he shall continue in office until his successor is appointed or an alternative arrangement is made by the President, whichever is earlier.
(2) The Director General of Law School shall, -
(i) ensure that the provisions of this Act, Statutes and Regulations are duly observed, and he shall have all powers as are necessary for that purpose;
(ii) convene the meetings of the General Council, the Executive Council, the Academic Council and shall perform all other acts, as may be necessary to give effect to the provisions of this Act;
(iii) preside over the meetings of the General Council in the absence of the President;
(iv) be the competent authority to appoint the teachers, librarians, Accounts Officer and other officers in consultation with the President on the recommendations of the Selection Committee appointed by the Executive Council thereof for that purpose in accordance with the guidelines prescribed;
(v) be the competent authority to take disciplinary action against the above officers in accordance with the procedure prescribed;
(vi) have all powers relating to the maintenance of proper discipline in the Law School;
(vii) if, in the opinion of the Director General of Law School, any emergency has arisen which requires immediate action be taken, he shall take such action as he may deem fit and shall report the same for confirmation in the next meeting of the authority which in the ordinary course would have dealt with the matter.
The Registrar of Law School 18, (1) The Registrar of the Law School shall be appointed by the President on the recommendations of the Selection Committee 1530 Heads of the Departments Other officers and employees THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEM BER 19, 2009_______, appointed by the Executive Council on such terms and conditions o f service as it may specify, subject to the provisions o f Statutes and Regulations.
(2) (i) Except those authorities, committees and other bodies where Director General is the Member-Secretary, the Registrar o fthe theLaw School shall be Ex-Officio Member-Secretary of ail the authorities, Com.mittees and other bodies of the Law School and shall also be the Convener of all the meetings. He shall note and maintain the minutes of meetings;
(ii) the Registrar of the Law School shall be the principal administrative officer of the Director General of the Law School in all matters pertaining to the administration of the Law School. The Executive Council may entrust to him special responsibilities and powers;
(iii) the Registrar of the Law School shall have the power to appoint in consultation with the Director General of the Law School, the non teaching staff including employees of last grade service and contingent staff in pursuance of the recommendations of the Selection Committee, appointed for that purpose, in the prescribed manner. He shall be the competent authority to take disciplinary action against such employees in accordance with such procedure as may be prescribed by the Regulations;
(iv) the Registrar of the Law School shall comp'y with all directions and orders of the Executive Council and Director General of the Law School;
(v) the Registrar of the Law School shall be the custodian of records, common seal and such other property of the Law School as the Executive Council shall commit to his charge.
19. (1) There shall be a Head for each Department in the Law School.
(2) The powers, functions, appointments and conditions of service of the Heads of the Departments shall be as prescribed by the Regulations.
20. (1) Subject to the Regulations made for the purpose, every officer or employee o f the Law School shall be appointed in accordance with a written contract which shall be lodged with the Law School and a copy thereof shall be furnished to the officer or employee concerned.
(2) Any dispute arising out of a contract between the Law School and any of its officers or employees shall, at the request of the officer or the employee concerned or at the Instance of the Law School, be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as prescribed by the Regulations.
the ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009 1531.
Selection Committees Statutes and Regulations Appointment of first Director General and first Registrar of Law School Deemed validity of appointments Vacancy, etc., not to invalidate any act or proceeding Indemnity against General Proceedings Overriding effect.
21. The Executive Council shall constitute various Selection Committees for appointment to the posts of officers and non-teaching staff including last grade service and. contingent staff. The procedure for appointment of members of Selection Committees and the procedure to be adopted by the Committees shall be as may be prescribed by the Statutes or the Regulations as the case may be.
22. (1) The first Statutes of the Law School shall be made by the Director General with the approval of the President. They shall be placed before the General Council at its first meeting, which may adopt them with or without modifications
(2) The first Regulations of the Law School shall be made by the Director General of the Law School in consultation with the President. They shall be placed before the Executive Council at its first meeting which may adopt them with or without modifications.
23. Notwithstanding anything in this Act. and the Statutes, the first Director General and the first Registrar of the Law School shall be appointed by the President on a salary, to be fixed by him and each of the said officers shall hold office for a period to be fixed by him but not exceeding three years.
CHAPTER-V GENERAL
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 Law School in accordance with the Statutes and Regulations shall be deemed to be valid and in accordance with law.
25. No act or proceeding of the General Council, the Executive Council or any other authority or Officer or Council of the Law School shall be invalidated or questioned on the ground merely of the existence of any vacancy or defect in the constitution thereof.
26. No suit, prosecution or other legal proceedings shall lie against the Law School or any authority or officer or employee of the Law School for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, or the Statutes or Regulations or Rules made there under.
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 ofiaw for the time being in force.
1532 THE Power to remove difficulties Academy to be the part & parcel of the Law School Functions of the Academy ASSAM GAZETTE, EXTRAORDINARY. SEPTEMBER 19, 2009 x
28.I f any difficulty arises as to the first constitution or reconstitution . ■ c noitostea V e-iac. ?. >> o f any authority o f the Law School after the commencement o f this Act or otherwise in giving effect to the provisions o f this Act, the President may, by order, make such provisions, not inconsistent w ith the provisions o f this Act, as may appear to him to be necessary or expedient for removing the difficulty. Provided that no such order shall be made after expiry of five years from the date of commencement of this Act.
CHAPTER - VI JUDICIAL ACADEMY
29.(l)The Academy shall be the part and parcel of the Law School and shall impart comprehensive legal training and research facilities to the Judicial Officers and court personnel.
(2) The Academy shall have the right to use all the infrastructural facilities of the Law School.
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) conduct examinations and award certificates and diplomas;
(d) develop training courses relating to administration of justice including use of information technology;
(e) hold conferences, seminars, lectures, workshops and symposia relating to court management, administration of justice, law and development and legislative drafting;
(f) publish books, journals, research papers and reports on important topics relating to administration of justice;
(g) promote research on case management, court management, trial skills and judicial reasoning;
(h) encourage legal and constitutional research;
(i) inculcate and promote ethical values and standards in' judicial officers and court personnel;
Q) coordinate with other educational and training institutions including the institutions of other State Governments and Central Governments;
I _________ THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 2009------ 153T
(k) conduct training and examinations of other officers and personnel on the direction of the Board; and
(l) perform such other functions as may be assigned to it by the Board.
Manner of training. 31. (l)The Academy shall use all modern techniques for imparting judicial training, teaching methods and evaluation system shall be at par with international standards.
(2) The Academy may enter into arrangements with other recognized public and private institutions for imparting training.
(3) The Academy shall institute a quality examination and evaluation system with regard to the training imparted Board of Management. 32. (1) The management and administration of the Academy shall vest in the Board.
(2)The Board shall consist of-
(a) President of the Law School Chairperson
(b) Two Judges of the Gauhati High Court Member sitting or retired, nominated by the Chairperson;
(c) Director General of the Law School Member
(d) Additional Chief Secretary to the Government of Assam,
(e) Registrar General , Gauhati High Court
(f) Secretary to the Government of Assam Finance Department
(g) Secretary to the Government of Assam Judicial Department;
(h) A District & Sessions Judge nominated by the Chairperson; and
(i) Director of the Academy Member Member Member Member Member 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;
THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19. 20091534 Jr
(b) five members shall constitute the quorum;
(c) all decisions of the Board shall be taken by simple majority;
(d) the Chairperson or a member presiding shall have a casting vote;
and
(e) the Director shall record the minutes of the meeting.
Powers and 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;
(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) exercise1 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 for a term of four years on the recommendation of the Board.
THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1535.
(2) The Director may resign by tendering his resignation to the Chairperson and shall cease to hold office upon acceptance of his resignation.
(3) The Chairperson on the recommendation of the Board may, after providing an opportunity of being heard, remove the Director of the Academy during the term of his office.
(4) The Director of the Academy shall be a person who has been a Judge of the Gauhati High Court or a District Judge.
(5) The Director of the Academy shall be the chief executive officer of the Academy and shall be responsible for the affairs of the Academy before the Board.
(6) The Director of the Academy shall be the principal accounting officer of the Academy.
(7) The Director of the Academy shall, within two months of conclusion of each financial year, submit annual report to the Board containing performance and proposals for the improvement in the performance of the Academy.
Appointment of 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.
(3) The Board shall determine qualification and experience of the teaching staff of the Academy taking into account of the qualification and experience provide for such staff in the world renowned Judicial Academies.
Fund 37. (1) There shall be a separate fund in the Law School to be known as the Judicial Training Fund.
(2) The Director of the Academy shall ensure the deposit of the income of the Academy in the Fund and incurring of the expenditures of the Academy from the Fund.
(3) The sources of income of the Fund shall be, -
(a) grants made by the Government ;
(b) donations, endowments and grants from any individual, organization or agency, whether national or international;
(c) sale proceeds of the property and publications of the Academy; and
(d) any other sum received by the Academy from any lawful source.
(4) The Fund shall be kept in such custody, for being utilized and regulated in the manner prescribed by the Rules.
THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 19, 20091536 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. (1) The Board shall appoint a chartered accountant or a firm of chartered accountants to audit the accounts of the Academy.
(2) The Director of the Academy, with the approval of the Board, within six months of the close of the financial year, shall submit to the Government the annual statement of accounts of the Academy along with the report of the auditor.
Submission of the report
40. (1) The Director of the Academy shall, with the approval of the Board within the period of six months of the close of the financial Year shall submit performance reports in the meeting of the Board, which shall include the following
(a) details of courses run and designed by the Academy ;
(b) details of examinations carried out by the Academy ;
(c) research work done by the Academy ;
(d) the quality of training imparted at the Academy ;
(e) the standard of the students trained at the Academy and any other subject matter as may be directed by the Chairman.
(2) The Director shall, within a month of submission of the above reports in the meeting of the Board, shall place the same before the Finance Committee of the Law School.
Power to make rules
41. (1) The Government may, by notification in the official Gazettee, make rules for carrying out the purposes of this Act.
(2) All the rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2009 1537.
rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
MOHD. A. HAQUE, Secretary to the Government of Assam, Legislative Department, Dispur.
GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21 (Ex-Gazette) No. 609-500+600-19-9-2009.