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1

L. A. BILL No. LXXIV OF 2018.

A BILL

further to amend the Maharashtra National Law University Act, 2014.

WHEREAS it is expedient further to amend the Maharashtra National Law

University Act, 2014 for the purposes hereinafter appearing; it is hereby enacted in

the Sixty-ninth Year of the Republic of India as follows :—

1.

This Act may be called the Maharashtra National Law University

(Amendment) Act, 2018.

Mah. VI

of 2014.

Short title.

In pursuance of clause (3) of article 348 of the Constitution of India, the

following translation in English of the Maharashtra National Law University

(Amendment) Bill, 2018 (L. A. Bill No. LXXIV of 2018), introduced in the

Maharashtra Legislative Assembly on the 28th November 2018, is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

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(1)

2

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2.

In section 3 of the Maharashtra National Law University Act, 2014

(hereinafter referred to as “ the principal Act ”), in sub-section (3), after the words

“ the Chancellor, ” the words “ the Pro-Chancellor, ” shall be inserted.

3.

For section 5 of the principal Act, the following section shall be substituted,

namely :—

“ 5.

No person shall be excluded from any office of the university or

from any membership of any of its authorities, bodies or committees, or from

appointment to any post, on the ground only of sex, race, creed, class, caste,

place of birth, religious belief or profession or political or other opinion. It shall

not be lawful for the university to impose on any person any test whatsoever

of religious belief or profession in order to entitle him to be admitted thereto as

a teacher or a student or to hold any office therein or to graduate thereat or to

enjoy or to exercise any privilege thereof.”.

4.

In section 6 of the principal Act, for sub-section (1), the following sub-

section shall be substituted, namely :—

‘‘ (1) The university shall adopt the policy of the State Government and

orders issued, from time to time, in regard to the reservation for Scheduled

Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes

and Other Backward Classes for appointment to different posts of teachers

and non-teaching officers and employees.”.

5.

In section 7 of the principal Act,—

(i) for clause (x), the following clause shall be substituted, namely :—

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

and teaching of students ; ”;

(ii) for clauses (xiii) and (xiv), the following clauses shall be substituted,

namely :—

“ (xiii) to institute Professorships, Associate Professorships,

Assistant Professorships and any other teaching, academic or research

posts, required by the university ;

(xiv) to appoint persons as Professors, Associate Professors,

Assistant Professors or otherwise as teachers and researchers of the

university ; ”.

6.

In section 9 of the principal Act, in sub-section (5), after the words “ the

Chancellor ” the words “ and the Pro-Chancellor ” shall be inserted.

7.

After section 9 of the principal Act, the following section shall be inserted,

namely :—

‘‘ 9A.

(1) The Chief Justice of High Court shall be the Pro-Chancellor

of the University.

(2) The Pro-Chancellor under the direction of the Chancellor or suo motu shall

have the right to cause an inspection, to be made by such person or persons as

he may direct, of the university, its buildings, libraries and equipments and of any

Mah. VI

of 2014.

Amendment of

section 3 of

Mah. VI of

2014.

Substitution of

section 5 of

Mah. VI of

2014.

Amendment of

section 6 of

Mah. VI of

2014.

Amendment of

section 9 of

Mah. VI of

2014.

Insertion of

section 9A in

Mah. VI of

2014.

Pro-

Chancellor.

Amendment of

section 7 of

Mah. VI of

2014.

University

open to all.

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3

institution maintained by the university, and also of the examinations, teaching and

other work conducted or done by the university, and to cause an inquiry to be

made in the like manner in respect of any matter connected with the administration

and finances of the university.

(3) The Pro-Chancellor shall, in every case give notice, to the university of his

intention to cause an inspection or inquiry to be made, and the university shall be

entitled to appoint a representative who shall have the right to be present and be

heard at such inspection or inquiry.

(4) The Pro-Chancellor may address the Vice-Chancellor with reference to

the result of such inspection or inquiry and the Vice-Chancellor shall communicate

to the General Council, the views of the Pro-Chancellor alongwith such advice as

the Pro-Chancellor may have tendered on the action to be taken thereon.

(5) The General Council shall communicate through the Vice-Chancellor to

the Pro-Chancellor such action, if any, as it proposes to take or has been taken on

the result of such inspection or inquiry.

(6) The Pro-Chancellor shall report to the Chancellor the action taken by him

in pursuance of provisions of above sub-sections.”.

8.

In section 10 of the principal Act, for clause (iv), the following clauses

shall be substituted, namely :—

‘‘ (iv) the Finance Committee ;

(iv-a) the Planning Board ;

(iv-b) the Building Committee; and ”.

9.

In section 11 of the principal Act,—

(a) in sub-section (1),—

(i) after clause (i), the following clause shall be inserted, namely :—

“ (i-a) the Pro-Chancellor; ”;

(ii) for clause (viii), the following clause shall be substituted,

namely :—

‘‘ (viii) one judge of the High Court to be nominated by the

Chancellor on the recommendation of the Chief justice of the High

Court; ”;

(iii) for clauses (xiv) and (xv), the following clauses shall be

substituted, namely :—

‘‘ (xiv) two eminent educationists in the disciplines of the Social

Sciences and Humanities, Management and forensic sciences to

be nominated by the Chancellor;

(xv) two eminent educationists in the legal field, to be nominated

by the Chancellor; ”;

Amendment of

section 10 of

Mah. VI of

2014.

Amendment of

section 11 of

Mah. VI of

2014.

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(iv) for clause (xvii), the following clause shall be substituted,

namely : —

“ (xvii) two members of the Executive Council who are

not otherwise members of the General Council to be nominated

by the Chancellor.”;

(b) after sub-section (2), the following sub-section shall be inserted,

namely :—

‘‘ (2-A) The Pro-Chancellor shall be the Vice-Chairman of the

General Council.”.

10.

In section 13 of the principal Act, after clause (i), the following clause

shall be inserted, namely :—

‘‘(i-a) to make statutes concerning the administration of the affairs of the

university including appointment and removal of Officers and employees of

the university and prescribing the procedures to be followed by the authorities

and the officers of the university in discharge of their functions;”.

11.

In section 14 of the principal Act,—

(a) for sub-section (6), the following sub-section shall be substituted,

namely :—

‘‘ (6) One-third of the sitting members of the General Council either

in person or through video conferencing shall form the quorum :

Provided that, a declaration as is prescribed for the directors under

the Companies Act, 2013 in respect of attending the meetings through

video conferencing shall be submitted to the Vice-Chancellor.”;

(b) in sub-section (8), for the words “members shall” the words “members

present shall”, shall be substituted.

12.

In section 17 of the principal Act, in sub-section (1), in clause (i), after the

word “ Registrar,” , the words “ Finance and Accounts Officer,” shall be inserted.

13.

In section 22 of the principal Act, in sub-section (1),—

(i) for clause (c), the following clause shall be substituted, namely :—

‘‘ (c) an educationist nominated by the State Government;”;

(ii) for clause (e), the following clause shall be substituted, namely:-

“(e) all the Head of the Departments or Centers of the university;”;

(iii) for clause (g), the following clause shall be substituted, namely :—

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

Assistant and Associate Professors, respectively, of the university to be

nominated by the Vice- Chancellor, for a period of one year on rotation.”.

14.

After section 25 of the principal Act, the following sections shall be inserted,

namely :—

Amendment of

section 14 of

Mah. VI of

2014.

Amendment of

section 17 of

Mah. VI of

2014.

Amendment

of section 22

of Mah. VI of

2014.

Insertion of

sections 25A

and 25B in

Mah. VI of

2014.

18 of

2013.

Amendment of

section 13 of

Mah. VI of

2014.

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“ 25A.

(1) There shall be Planning Board consisting of the following

members, namely :—

(i) the Vice-Chancellor;

(ii) ten members who shall be either academician or experts from

various fields or sitting or retired Judges of the Supreme Court and High

Court to be nominated by the Executive Council on the recommendation

of the Vice-Chancellor.

(2) All the members of the Planning Board, other than the Vice-Chancellor,

shall hold office for a term of three years.

(3) The Planning Board may design and formulate appropriate plans for

development and expansion of the university, and in addition advise the

Executive Council and the Academic Council on any matter which it may deem

necessary for the fulfilment of the objects of the university.

(4) The Planning Board may constitute such other Committee as may be

necessary for Planning and monitoring the programmes of the university.

(5) The Planning Board shall meet at such intervals as it deems expedient,

but at least once in a year.

25B. (1) There shall be a Building Committee consisting of the following

members, namely :—

(i) the Vice-Chancellor ;

(ii) one member nominated by the Executive Council ;

(iii) the Secretary or Principal Secretary or, as the case may be,

Additional Chief Secretary to the Higher and Technical Education

Department of State Government ;

(iv) the Secretary or Principal Secretary or, as the case may be,

Additional Chief Secretary to the Public Works Department of State

Government ;

(v) the Secretary or Principal Secretary or, as the case may be,

Additional Chief Secretary to the Finance Department of State

Government ;

(vi) the Secretary or Principal Secretary to the Law and Judiciary

Department of State Government ;

(vii) two members of the faculty nominated by the Vice-Chancellor;

(viii) the Finance and Accounts Officer of the university ;

(ix) one member of the non-teaching staff nominated by the Vice-

Chancellor ;

(x) the Architect appointed by the university ; and

(xi) the Registrar, who shall be the Member-Secretary.

(2) Where a person has become a member of the Building Committee

being ex officio or due to his appointment, then his membership shall be

automatically terminated as and when he ceases to hold that office or his

appointment ceases.

Building

Committee.

Planning

Board.

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(3) Subject to the provisions of sub-section (2), the term of non-official

members of the Building Committee shall be of three years from the date of

their appointment. The Building Committee member shall be eligible for re-

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

(4) The Building Committee may design and formulate appropriate plans

for development and expansion of the university and in addition, advice the

Executive Council on building matters as stipulated by the University Grants

Commission.

(5) The Building Committee may constitute such other sub-committees

as and when it is necessary for executing and monitoring the construction

activities of the University.

(6) The Building Committee shall meet at such intervals as it deems

expedient, but at least once in a quarter.

(7) The Registrar shall be custodian of the records of the Building

Committee.”.

15.

In section 27 of the principal Act, for clause (iii), the following clause shall

be substituted, namely :—

“(iii) the Head of the Departments or Centers of the university ; ”.

16.

In section 28 of the principal Act,—

(a) for sub-section (1), the following sub-sections shall be substituted,

namely :—

‘‘ (1) The Vice-Chancellor shall be appointed by the Chancellor from

out of a panel of three persons recommended by a Search Committee as

referred in sub-section (1-A).

(1-A) (a) There shall be a Search Committee consisting of the

following members to recommend suitable names to the Chancellor for

appointment of Vice-Chancellor namely :—

(i) a person nominated by the Executive Council ;

(ii) a person nominated by the Chairman of the University

Grants Commission; and

(iii) a person nominated by the Chancellor.

(b) The member nominated by the Chancellor shall be the convener

of the meetings of the Committee.

(c) The Committee shall recommend a panel of three suitable

persons for the consideration of the Chancellor for being appointed as

Vice-Chancellor. The names of the persons so recommended shall be in

alphabetical order without any preference being indicated.”;

(b) in sub-section (4), clause (iii) shall be deleted ;

(c) after sub-section (5), the following sub-sections shall be added,

namely :—

‘‘(6) The emoluments and other conditions of service of the Vice-

Chancellor shall be as prescribed by the Regulations.

Amendment of

section 27 of

Mah. VI of

2014.

Amendment of

section 28 of

Mah. VI of

2014.

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(7) If the office of the Vice-Chancellor becomes vacant due to death,

resignation or otherwise or if he is unable to perform his duties due to ill

health or any other cause, the Chancellor or the Pro-Chancellor shall

have the authority to designate a Professor of the university to perform

the functions of the Vice-Chancellor until the new Vice-Chancellor

assumes his office or until the existing Vice-Chancellor attends on the

duty of his office, as the case may be :

Provided that, if the Pro-Chancellor takes an action under this section,

he shall, without undue delay submit a report thereof to the Chancellor.”.

17.

In section 29 of the principal Act, in sub-section (3),—

(i) in clause (vii), for the words ‘‘ call a meeting of the Executive Council ’’,

the words ‘‘ with the approval of the Chancellor call a meeting of the Executive

Council ’’ shall be substituted ;

(ii) in clause (viii), the word “and” shall be deleted ;

(iii) after clause (viii), the following clause shall be inserted, namely :—

‘‘(viii-a) represent the university in suits or proceedings by or against

the university, sign powers-of-attorney and verify the pleadings or depute

representatives for the purpose ; and ”.

18.

In section 30 of the principal Act,—

(i) in sub-section (1), for the word “ Departments” the words “Departments

or Centers ” shall be substituted;

(ii) in sub-section (2), for the word “Departments” the words “Departments

or Centers” shall be substituted.

19.

In section 35 of the principal Act, in sub-section (2), for the words “at

least once in a year” the words “at least once in every six months” shall be

substituted.

20.

In section 39 of the principal Act, for sub-section (2), the following sub-

sections shall be substituted, namely :—

‘‘ (2) The students shall be admitted on the basis of merit through such

process as may be prescribed by the Regulations, from time to time.

(3) The university shall adopt the policy of the Government of Maharashtra

and orders issued, from time to time, in regard to the reservation for Scheduled

Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes

and Other Backward Classes, for the purpose of admission of students :

Provided that, the university shall ensure that at least twenty-five per

cent. of the students admitted are domiciled in the State of Maharashtra.

Amendment of

section 29 of

Mah. VI of

2014.

Amendment of

section 30 of

Mah. VI of

2014.

Amendment of

section 35 of

Mah. VI of

2014.

Amendment of

section 39 of

Mah. VI of

2014.

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(4) The university may admit Foreign Nationals or Non-Resident Indian

or Non-Resident Indian sponsored candidate on the basis of merit through

such process and on such terms and conditions, as may be prescribed by the

Regulations, from time to time.”.

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STATEMENT OF OBJECTS AND REASONS.

The Maharashtra National Law University Act, 2014 (Mah. VI of 2014) provides

for establishment of the Maharashtra National Law University at Mumbai,

Aurangabad and Nagpur. Accordingly, the Maharashtra Government has set-up

three Universities in the State, namely the Maharashtra National Law University,

Mumbai, the Maharashtra National Law University, Aurangabad and the Maharashtra

National Law University, Nagpur. The said universities have already commenced

their academic calendar.

2.

The Government has received various suggestions from the various

university authorities and experts in the field of education and law for amending

certain provisions of the Maharashtra National Law University Act, 2014. After

considering the said suggestions, the Government of Maharashtra considers it

expedient to provide that the Hon’ble Chief Justice of High Court shall be the Pro-

Chancellor to the said Universities. It is also considered expedient to make provision

for constitution of Planning Board and Building Committee of the university.

Accordingly, new sections 9A, 25A and 25B are proposed to be inserted in the said

Act. It is also proposed to explicitly provide that the university shall adopt the policy

of the State Government and orders issued, from time to time, in regard to the

reservations for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta

Jatis), Nomadic Tribes and Other Backward Classes, for the purpose of admission

of the students. It is also proposed to provide that it shall be ensured that at least

twenty-five per cent. of the students admitted are domiciled in the State of

Maharashtra. Accordingly suitable amendments are proposed in the said Act.

3.

The Bill seeks to achieve the above objectives.

Mumbai,

VINOD TAWADE,

Dated the 26th November, 2018.

Minister for Higher Education.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI

ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.