Draft Nliu Statutes
Draft Nliu Statutes
Draft Nliu Statutes
Contents
CHAPTER – I.........................................................................................................................................1
PRELIMINARY......................................................................................................................................1
2. DEFINITIONS....................................................................................................................................1
CHAPTER-II...........................................................................................................................................2
CHAPTER – III.......................................................................................................................................8
CHAPTER – IV.....................................................................................................................................13
CHAPTER – V......................................................................................................................................16
24. PROBATION................................................................................................................................17
28. LIEN..............................................................................................................................................18
31. RESIGNATION............................................................................................................................18
36. LEAVE..........................................................................................................................................20
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37. CONTRIBUTORY PROVIDENT FUND (CPF)..........................................................................20
39. GRATUITY...................................................................................................................................21
45. REVIEW.......................................................................................................................................22
CHAPTER – VI.....................................................................................................................................22
CHAPTER – VII...................................................................................................................................24
MISCELLANEOUS..............................................................................................................................24
48. AUTHENTICATION....................................................................................................................24
In exercise of the powers conferred by Section 27 (1) of the Madhya Pradesh National Law
Institute University Act, 2018 (Act No. 6 of 2018) the General Council hereby makes the
following Statutes regarding constitution and functions of various bodies of the University,
appointments and terms of appointment, conditions of service and powers of various
University officials and constitution of the Fund of the University and its deployment
namely:
CHAPTER – I
PRELIMINARY
1. SHORT TITLE AND COMMENCEMENT
(1) These Statutes shall be called the Statutes of the National Law Institute
University, 2020.
(2) All Orders made and actions taken under the Resolutions of General Council,
Executive Council, Academic Council, the Rules and Regulations made under
the provisions of the Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam,
1997 (Act No. 41 of 1997) shall continue and shall be deemed to be made or
taken under the Madhya Pradesh National Law Institute University Act, 2018
(Act No. 6 of 2018).
(3) These Statutes shall come into force on such date as the General Council may
appoint.
2. DEFINITIONS
(1) The expressions used but not defined in these Statutes and defined in the
Madhya Pradesh National Law Institute University Act, 2018 (Act No. 6 of
2018), have the meaning assigned to them in the said Act.
(2) In these Statutes, unless there is anything repugnant in the subject or context,
(a) “Act” means Madhya Pradesh National Law Institute University Act,
2018 (Act No. 6 of 2018).
(b) “Bodies of the University” means the ‘Authorities of the University’ as
mentioned in Section 9 and ‘Committees’ as mentioned in Section 20 of
the Act.
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(c) “Dean of the Faculties” means the Dean of Undergraduate Studies and
the Dean of Post Graduate Studies.
(d) “Deputationist” means an employee of any other authority whose
services are obtained by the University on loan.
(e) “Employee” means a person serving the University on any post including
those on contract, deputation and daily wages.
CHAPTER-II
BODIES OF THE UNIVERSITY
3. BODIES OF THE UNIVERSITY.
(1) Subject to the provisions of Section 9 of the Act, following shall also be the
bodies of the University:
(2) Authorities constituted by the General Council under the provision of Section 9
(v) of the Act, for specific purposes with defined powers as the General
Council may deem fit for exercising any power or discharging any function of
the University.
(3) The Standing Committees and Ad-hoc Committees constituted or appointed
under the provisions of Section 20 of the Act shall be the bodies of the
University.
(4) The power and functions of Bodies of the University constituted under the
above clauses (a) and (b) shall be such as may be prescribed by the Resolution
of the General Council or Executive Council as the case may be.
4. PROCEDURE FOR THE MEETINGS OF THE GENERAL COUNCIL
(1) The meetings of the General Council shall be either (a) annual or (b) special.
(2) The meeting of the General Council shall be held in the premises of the
University on such date as the Vice-Chancellor may fix in consultation with the
Chancellor, and may be adjourned from time to time to conclude any
unfinished business.
(3) As directed by the Vice Chancellor, the Registrar shall, not less than 20 days
previous to annual meeting and 10 days previous to special meeting, issue to
each member a notice stating the time and date of the meeting. This notice shall
be accompanied by agenda paper, showing the business to be brought before
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the meeting. In case of emergency a shorter notice may be given for special
meeting of the General Council provided that the business transacted at the
special meeting shall be laid before the next annual meeting of the General
Council for confirmation.
(4) No business shall be conducted at a meeting unless the quorum is present.
(5) If the quorum is not present on the day fixed for the meeting of the General
Council, the Chairman of the meeting, after waiting for one hour, shall declare
that there shall be no meeting.
(6) At the annual meeting of the General Council, the Vice-Chancellor shall
present a report of the working of the University during the previous year,
together with a statement of receipts and expenditures, the balance sheet as
audited, and financial estimate.
(7) No business other than that included in the agenda paper shall be transacted at
a meeting except with the consent of the Chairman of the meeting.
(8) Proposals relating to the conferring of i) honorary degrees, ii) votes of thanks,
iii) messages of congratulations, or iv) condolence, addresses and other matters
of a like nature may be moved by the Chairman without previous notice.
(9) Every motion shall be seconded, otherwise it shall be deemed to be dropped.
(10) A motion once disposed of shall not be brought forward at the same meeting or
at any adjournment thereof.
(11) No amendment shall be proposed which would in effect constitute a direct
negative to the original motion.
(12) The Chairman may at any stage in the proceedings, at his own discretion or at
the request of a member, explain the scope and effect of the motion or
amendment which is before the meeting.
(13) Any member may with the permission of the Chairman rise even while another
is speaking, to explain any expression used by himself which may have been
misunderstood by the speaker, but he shall confine himself strictly to such
explanation.
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(14) Any member may call the Chairman’s attention to a point of order even while
another member is addressing the meeting, but no speech shall be made on
such point of order.
(15) The Chairman shall be sole judge of any point of order, and may call any
member to order and may, if necessary, dissolve the meeting, or adjourn it to
some other time or day.
(16) On putting any question to vote the Chairman shall call for an indication of the
opinion by a show of hands and shall declare the results thereof according to
his opinion.
(17) No question shall be put which reflects upon the personal character of any
employee of the University.
(18) No question shall be put which seeks to divulge information regarding matters
which any of the authorities of the University has in the exercise of its powers
and functions under the Act, Statutes, Ordinances or Regulations decided to
treat as confidential.
(19) Copies of the minutes of the General Council shall be circulated to all
members, who shall be entitled to communicate to the Registrar within one
week of the receipt of such minutes, any objections to its correctness or any
omissions in it.
5. PROCEDURE FOR THE MEETING OF THE EXECUTIVE COUNCIL
(1) The meetings of the Executive Council may be (a) ordinary, and (b) special.
(2) Ordinary meetings of the Executive Council shall be held in the premises of the
University on such day as the Vice-Chancellor may fix.
(3) Special meetings of the Executive Council shall be such as are convened by the
Vice-Chancellor either on his own motion or on the written request of any five
members of the Executive Council.
(4) As directed by the Vice Chancellor, the Registrar shall, not less than ten days
previous to each ordinary meeting, issue to each member of the Executive
Council a notice stating the time and date of the meeting and this notice shall
be accompanied by agenda paper showing the business to be brought before the
meeting.
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(5) In the case of special meeting, as directed by the Vice Chancellor, the Registrar
shall give such previous notice of the time and date as the circumstances in
each case may permit. Such notice shall be accompanied by agenda paper, and
no motion shall be discussed at the special meeting which is not on the agenda
paper.
(6) Reports and recommendations of the Academic Council or of any of the
committees of the Executive Council, if they are not included in the agenda
paper shall be laid before the Executive Council.
(7) All reports and recommendations of the Academic Council or of any of the
Committees of the Executive Council shall pass through the Vice-Chancellor.
(8) The proceedings of each meeting of the Executive Council shall be entered in a
Minute Book and signed by the Vice-Chancellor and shall be confirmed at the
next meeting.
(9) Dean of Faculties shall be the Special Invitees in the meetings of the Executive
Council and shall have the right to speak in and otherwise to take part in the
proceedings of the meetings but shall not be entitled to vote.
(10) In all other respects, the provisions relating to procedure for the meetings of the
General Council shall apply mutatis mutandis to the meetings of the Executive
Council.
6. PROCEDURE FOR THE MEETING OF THE ACADEMIC COUNCIL
(1) The meetings of the Academic Council shall be (a) ordinary, and (b) special.
(2) Ordinary meetings of the Academic Council shall be held in the premises of the
University on such day as the Vice-Chancellor may fix.
(3) Special meetings of the Academic Council shall be such as are convened by the
Vice-Chancellor either on his own motion or on the written request of any five
members of the Academic Council.
(4) As directed by the Vice Chancellor, the Registrar shall, not less than ten days
previous to each ordinary meeting, issue to each member of the Academic
Council a notice stating the time and date of the meeting and this notice shall
be accompanied by agenda paper showing the business to be brought before the
meeting.
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(5) In the case of special meeting, as directed by the Vice Chancellor, the Registrar
shall give such previous notice of the time and date as the circumstances in
each case may permit. Such notice shall be accompanied by agenda paper, and
no motion shall be discussed at the special meeting which is not on the agenda.
(6) All motions shall pass through the Vice-Chancellor.
(7) The proceedings of each meeting of the Academic Council shall be entered in a
Minute Book and signed by the Vice-Chancellor and shall be confirmed at the
next meeting.
(8) In all other respects, the provisions relating to procedure for the meetings of the
General Council shall apply mutatis mutandis to the meetings of the Academic
Council.
7. PROCEDURE FOR THE MEETING OF THE FINANCE COMMITTEE
(1) The Registrar of the University shall be the Secretary of the Finance
Committee.
(2) The meetings of the Finance Committee shall be (a) ordinary, and (b) special.
(3) Ordinary meetings of the Finance Committee shall be held in the premises of
the University on such day as the Vice-Chancellor may fix.
(4) Special meetings of the Finance Committee may be convened by the Vice-
Chancellor either on his own motion or on the written request of any three
members of the Finance Committee.
(5) As directed by the Vice Chancellor, the Registrar shall, not less than ten days
previous to each ordinary meeting, issue to each member of the Finance
Committee a notice stating the time and date of the meeting and this notice
shall be accompanied by agenda paper showing the business to be brought
before the meeting.
(6) In the case of special meeting, as directed by the Vice Chancellor, the Registrar
shall give such previous notice of the time and date as the circumstances in
each case may permit. Such notice shall be accompanied by agenda paper, and
no motion shall be discussed at the special meeting which is not on the agenda.
(7) Three Members of the Finance Committee shall form the quorum at any
meeting thereof.
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(8) Each member of the Finance Committee shall have one vote and if there shall
be equality of votes or any question to be determined by the Finance
Committee, the Chairman of the Finance Committee, or as the case may be, the
member presiding over that meeting shall, in addition, have a casting vote.
(9) All motions shall pass through the Vice-Chancellor.
(10) The proceedings of each meeting of the Finance Committee shall be entered in
a Minute Book and signed by the Vice-Chancellor and shall be confirmed at
the next meeting.
(11) The Finance Officer of the University shall be entitled to be present and to
speak at any meeting of the Finance Committee but shall not be entitled to vote
thereat.
(12) The Vice Chancellor shall have the power to invite any professor of the
University or a financial expert. Such invitees shall not be entitled to vote in
the meeting.
(13) In all other respects, the provisions relating to procedure for the meetings of the
General Council shall apply mutatis mutandis to the meetings of the Finance
Committee.
8. PROCEDURE FOR THE MEETING OF OTHER BODIES
(1) The bodies of the University shall meet as prescribed by the authority
constituting the body.
(2) The bodies of the University shall have the power and functions as may be
conferred on them by the authority of the University constituting them.
(3) One half of the members of the body shall constitute the quorum of the
meeting.
(4) The procedure for the conduct of the meeting shall be decided by the person
presiding over the meeting.
(5) The chairman of the body of the University shall preside over a meeting of the
body of the University of which he is chairman, and in his absence, the
members present shall elect a person from amongst themselves to preside over
the meeting.
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(6) Each member of the body of the University shall have one vote and if there
shall be equality of votes or any question to be determined by the body of the
University, the Chairman of the body of the University, or as the case may be,
the member presiding over that meeting shall, in addition, have a casting vote.
(7) The proceedings of each meeting of the body shall be entered in a Minute Book
and signed by the person presiding over the meeting and shall be submitted to
the Vice Chancellor.
CHAPTER – III
OFFICERS OF THE UNIVERSITY
9. OFFICERS OF THE UNIVERSITY
(1) In addition to the officers mentioned under Section 26 of the Act, following
persons shall also be the officers of the University:
(a) Head of the Departments,
(b) Dean, Distance Education.
(c) Dean, Research and Training, and
(d) Finance Officer.
(2) The Oder of Precedence as envisaged under Section 26 of the Act and sub-
section (1) of this Section shall be the Order of Precedence for the officers of
the University.
(3) The power, functions, appointments and the conditions of service of officers
mentioned under Section 26 of the Act shall be such as provided by the Act and
prescribed by these Statutes.
(4) The power, functions, appointments and the conditions of service of officers
mentioned in sub-section (1) of this Section shall be such as prescribed by the
Regulations.
10. VICE-CHANCELLOR: APPOINTMENT, POWERS, TERMS &
CONDITIONS
(1) The Vice-Chancellor shall be whole-time salaried Officer of the University.
(1) The Vice-Chancellor shall be appointed by the Chancellor in terms of Section
29 of the Act.
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(2) The Vice-Chancellor shall, in the absence of the Visitor and Chancellor,
preside at the Convocation held for conferring degrees.
(3) The emoluments and other conditions of service of the Vice-Chancellor shall
be at par with the Vice-Chancellor of a Central University prescribed by the
Central Government/ University Grants Commission (UGC) from time to time.
(4) In particular, and without prejudice to the generality of the provisions of sub-
section (3), the Vice-Chancellor shall be entitled to the following throughout
the term of his office, namely:
(a) free furnished residential accommodation in the premises of the University
without payment of any rent,
(b) free water and electricity,
(c) other office facilities at his residence,
(d) two orderly, one sweeper, one gardener and security guards at his residence,
(e) an official vehicle with drivers. The fuel for vehicle will be provided by the
University on actual consumption basis,
(f) no charge shall fall on the Vice-Chancellor personally in respect of the
maintenance of such staff car and residence;
(g) pay and allowances (dearness allowance, hometown travel concession, leave
travel concession, children’s education allowance, travelling allowance) as
notified from time to time by UGC or Ministry of Human Resource
Developments (MHRD), Government of India,
(h) The Vice-Chancellor shall be entitled to travel by air in business class and
shall be entitled to travelling/other allowances prescribed by the Executive
Council from time to time.
(i) not less than 12% of his basic pay and dearness allowance shall be
contributed by him to his contributory provident fund every month and the
University shall contribute every month an equal amount to match his
contribution,
(j) full reimbursement of medical expenses including hospitalization charges
incurred towards the treatment of self and his dependents,
(k) casual leave, earned leave and medical leave,
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(d) seek explanation from the teacher concerned regarding any complaint
made against her/him by the students and submit her/his report thereon to
the Vice-Chancellor for appropriate decision,
(e) organize the meeting of faculties, and
(f) be accountable to the Vice-Chancellor for discharge of his duties.
(5) The Dean of Faculties shall have the right to be present and to speak at any
meeting of any Committee of the Faculty, but not to vote thereat unless he is a
member of the Committee.
(6) Dean of the Faculties shall be given telephone facilities and reimbursement of
mobile phone expenses and a monthly honorarium as may be fixed by the
Vice-Chancellor from time to time.
12. REGISTRAR: APPOINTMENT, POWERS, TERMS & CONDITIONS
(1) Subject to the provisions of Section 33 Registrar shall be appointed as per the
provisions of “Scheme of revision of pay for the post of Registrar, Deputy
Registrar, Assistant Registrar, Controller of Examination, Deputy Controller of
Examination, Assistant Controller of Examination, finance Officer, Deputy
Finance Officer and Assistant Finance Officer following on the
recommendations of the 7th Central Pay Commission (CPC) dated 18th
January, 2018” as amended and notified by MHRD or UGC, from time to time.
(2) The terms and conditions of service of the Registrar shall be such as may be
prescribed by the Regulations.
13. THE CONTROLLER OF EXAMINATION: APPOINTMENT, POWERS,
TERMS AND CONDITIONS
The terms and conditions of service of the Controller of Examination shall be such as
may be prescribed by the Regulations.
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(2) The Dean, Student Welfare shall be a person not below the rank of Professor of
the University. He shall be appointed by the Vice-Chancellor.
(3) The Dean, Student Welfare shall hold office for a term of three years and shall
be eligible for re-appointment.
(4) Assistant Dean, Student Welfare(s) may be appointed by the Vice-Chancellor
from amongst the Members of Faculty on such terms and conditions as the
Vice-Chancellor may think appropriate. The Assistant Dean, Student
Welfare(s) shall extend help to the Dean, Student Welfare in performance of
his duties.
(5) The Dean, Student Welfare shall look after the law and order problems in the
University premises.
(6) The Dean, Student Welfare shall exercise such other powers and perform such
duties as may be assigned to him by the Vice-Chancellor from time to time.
(7) He shall report to the Vice-Chancellor from time to time, the problems of
students as well as law and order in the University campus.
(8) The Dean, Student Welfare and Assistant Dean, Students Welfare shall be
accountable to the Vice-Chancellor in maintaining law and order problem in
the University campus.
(9) The Dean, Student Welfare in case of emergency may take action in case of an
act of indiscipline or law and order problem in the University campus with the
approval of the Vice-Chancellor.
(10) The teachers holding the office of the Dean, Student Welfare shall be given
telephone facilities and reimbursement of mobile phone expenses and a
monthly honorarium as may be fixed by the Vice-Chancellor from time to time.
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CHAPTER – IV
TEACHING AND ADMINISTRATION IN THE UNIVERSITY
(5) Every Professor and Associate Professor shall have two and one Research
Associate each working under him/her on a consolidated salary equivalent to
that of an Assistant Professor. Terms and conditions of service of Research
Associates shall be such as prescribed by the Regulations.
(6) Each Department of studies shall consist of following members:
(a) Head of the Department,
(b) Teachers in the Department,
(c) Person supervising research in the Department
(d) Guest professors attached to the Department
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CHAPTER – V
SERVICE CONDITIONS OF THE EMPLOYEES OF THE UNIVERSITY
19. SERVICE CONDITIONS
(1) All the employees of the University shall be governed by the terms and
conditions prescribed or adopted by these Statutes and as may be prescribed by
Regulations.
(2) No alteration in the pay and allowances, rate of contribution to the provident
fund, designation and the age of superannuation of an employee in the service
of the University shall be made to his disadvantage after he has joined the
University.
20. APPOINTMENT ON DEPUTATION/CONTRACT
(1) Subject to the provisions of the Act, a person may be appointed on any vacant
post on deputation/contract for a period of one year by the Vice-Chancellor on
such terms and conditions, as appropriate in the given circumstances. Such
appointment shall be reported to the Executive Council in its next meeting.
(2) The term of the deputation/contract in case of new appointees will be settled in
advance before their joining.
21. MINIMUM AGE OF APPOINTMENT
No person shall be appointed in the University, who is below 18 years of age.
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28. LIEN
A permanent employee of the University shall hold lien with the approval of the
Executive Council for not more than five years on the post substantively held by him.
Provided the Executive Council may extend the period of lien as it may deem fit.
(a) An amount of Rs. 50, 000/- for each publication in SCOPUS Indexed
Journal,
(b) An amount of Rs. 25, 000/- for each publication in UGC listed Journal,
(c) An amount of Rs. 15, 000/- for each publication in Peer Reviewed
Journal.
Provided that the name of the National Law Institute University, Bhopal is
clearly mentioned in the Journal.
Provided further, the amount of prize may be revised from time to time by
the Executive Council on the recommendation of the Academic Council.
(3) A teacher or student having the maximum number of publication in an
academic year shall be given ‘Scholar’s Achievement’ award in the
Convocation. If two or more teachers and/or students have a tie, the award shall
be given to all of them.
33. PAY DURING LEAVE
Pay during leave shall be such as may be prescribed by the Regulations.
36. LEAVE
(1) No leave can be claimed as of right and the grant of leave shall be subject to
the exigencies of service and the circumstances of each case.
(2) An employee on leave shall be liable to be recalled from leave if the exigencies
of service so require.
(3) Employees of the University shall be entitled to such leave as may be
prescribed by the Government of India and/or UGC.
37. CONTRIBUTORY PROVIDENT FUND (CPF)
(1) Contributory Provident Fund shall be admissible to such employees who were
in Service of the University as on or after August 1998. Such employees, other
than a borrowed/contract employees, shall be entitled to the benefits of the CPF
of the University.
(2) Not less than 12% of the basic pay and dearness allowance of the employee
shall be contributed by the employee to his CPF every month. Provided the
employee may contribute more than 12% of his basic pay and dearness
allowance to CPF. The University shall contribute every month not more than
12% of the basic pay and dearness allowance of the employee.
(3) The rules relating to CPF shall be such as prescribed by the Regulations.
38. NEW PENSION SCHEME
In addition to CPF, the University shall subscribe to the New Pension Scheme (NPS)
for every permanent employee of the University and shall contribute every month to
NPS such percentage of basic pay and dearness allowance of the employee as may be
prescribed by NPS. The employee shall match the contribution of the University to
NPS on monthly basis.
39. GRATUITY
(1) Amount of gratuity payable to the employee shall be such as may be notified
by the Government of India from time to time.
(2) Rules relating to gratuity shall be such as may be prescribed by the
Government of India from time to time.
40. OTHER RETIREMENT BENEFITS
Other retirement benefits shall be such as may be prescribed by Regulations.
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Provided that the appellate authority may entertain the appeal after the expiry
of the said period if it is satisfied that the appellant had sufficient cause for not
submitting the appeal in time.
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45. REVIEW
(1) The Appellate Authority, may on its own motion or otherwise, review any
order made by it and pass such orders as it deems fit in the circumstances of the
case.
(2) Provided that no order imposing an enhanced penalty shall be passed unless the
person concerned has been given an opportunity of making any representation
which he may wish to make against such enhanced penalty.
46. ORDER ON RE-INSTATEMENT
(1) Where an employee who has been suspended, removed or dismissed is
reinstated, the authority reinstating him shall make an order specifying:
(2) Whether the employee may draw for the period of his absence from duty any
pay and allowances in addition to the pay and allowances, admissible under
Regulations.
(3) Whether such period may be treated as duty for all or any purposes.
CHAPTER – VI
FUND OF THE UNIVERSITY
47. CONSTITUTION OF FUND OF THE UNIVERSITY AND ITS
DEPLOYMENT
(1) Subject to the provisions of the Section 37 of the Act, the University Fund shall
include:
(a) Grant, Contribution and Donation Fund,
(b) Students’ Fee and Charges Fund,
(c) Miscellaneous Receipt Fund,
(d) Salary and Allowances Fund,
(e) Medical Benefits Fund,
(f) Employees’ Welfare Fund,
(g) Leave Travel Concession Fund,
(h) Leave Flying Concession Fund,
(i) Local Conveyance Fund,
(j) Travel Fund for Official Work and Attending Conferences etc.
(k) Vehicle Fund,
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CHAPTER – VII
MISCELLANEOUS
48. AUTHENTICATION
(1) All resolutions and decisions of the General Council shall be authenticated by
the signature of the Chancellor and the Vice-Chancellor.
(2) All resolutions and decisions of the Executive Council, Academic Council, and
Finance Committee shall be authenticated by the signature of the Vice-
Chancellor and Registrar.
(3) All resolutions and decisions of any other body of the University shall be
authenticated by the signature of the Chairperson of that body.
49. REMOVAL OF DIFFICULTIES
If any difficulty as to the interpretation or application of any of the provisions of
these Statutes arises, the decision of the General Council thereon shall be final.
50. REPEAL AND SAVINGS
(1) Every person holding a permanent post in the University at the commencement
of these Statutes shall, on such commencement, be deemed to have been
appointed under the provisions of these Statutes to the corresponding post and
shall draw the pay and allowances not less than the pay and allowances drawn
by him immediately before such commencement.
(2) Wherever these Statutes are found to be silent on any matter, relevant Rules
and provisions as applicable in Government of India or UGC Regulations will
apply mutatis mutandis to the employees of the University.
(3) The National Law Institute University Bhopal Executive and Service
Regulations, 2012 in so far as they relate to constitution and functions of
various bodies of the University, appointments and terms of appointment,
conditions of service and powers of various University officials and
constitution of the Fund of the University and its deployment shall stand
repealed with the commencement of the Statutes, Regulations and Ordinances
framed under the Act.
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