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1.
Interpretation.
(a) "Institute" means The Indian Law Institute
(b) "Council" means the Governing Council of the Institute
(c) "Committee" means the Executive Committee of the Institute
(d) "General body" means General body of members of the Institute
(e) "President" means the President of the Institute.
2.
Patrons.
(a) Subject to their consent, the President of India, the Vice-President
of India and the Prime Minister will be patrons.
(b) The Council may invite such other persons, as it may deem fit. to
be patrons.
3.
Members. There will be the following classes of Members
(a)
Foundation Members.
(b) Life Members.
(c) Ex-officio Members.
(d) Co-opted Members.
(e) Corporate Members.
(f) Associate Members.
(g) Honorary Members,
(h) Corresponding Members.
(i) Ordinary Members.
(a)
Foundation Members : Foundation Members are those-
(i)Who
took an active interest or part in the establishment of the Institute
and are enrolled as such, including persons whose names appear as the
first members of the Governing Council and the Executive Committee in
clause 4 of the Memorandum of Association :
(ii) who are enrolled as such on a payment of not less than Rs. 250 within
six months of the registration of the Institute, or such later date as
may be fixed by the President, whether before or. after the exp"
of the said period of six months.
(b)
Life Members: Life Members are those persons of high status in the
field of law who are enrolled as such in accordance with the provisions
laid down in the bye-laws.
(c)
Ex-officio Members : Subject to their consent, the Chief Justice
and other Judges of the Supreme Court of India, the Chief Justices of
the several High Courts in India, the Attorney-General, the Solicitor-General,
the Advocate-General of the several States, the Home Minister, the Finance
Minister, the Law Minister, and the Education Minister An the Government
of India, the President of the Indian Branch of the International
Law Association, the President of the Indian Council of World Affairs,
the Chairman of the Universities Grants Commission, the Vice-Chancellors
and Deans of the Faculties of Law of the Universities in India, which
are established by an act of Legislature, will be members ex- officio.
(d)
Co-opted Members : Co-opted Members are those co-opted by the Governing
Council in accordance with the provisions laid down in the bye-laws.
(e)
Corporate Members : The Executive Committee may, in accordance with
the provisions laid down in the bye-laws, admit any Bar Association, Advocates
Association, or University, or any body of persons or association of persons
devoted to study, practice or administration of law, as a Corporate Member.
(f)
Associate Members : The Executive Committee may, in accordance with
the provisions laid down in the bye-laws, enrol any person who is or has
been a Judge, legal practitioner or law teacher in a foreign country as
an Associate Member.
(g)
Honorary Members : Honorary Members are those who are enrolled as
such in accordance with ,the provisions laid down in the bye-laws, on
account of their meritorious ,contribution to the science of law or the
growth or reform of law or administration of justice.,
(h)
Corresponding Members : Corresponding Members are those persons,
other than citizens of India, who are enrolled;as such in accordance with
the provisions laid down in the bye-laws, for their meritorious contribution
to the science of,law or the growth or reform of law or the reform of
law or the administration of justice.
(i)
Ordinary Members : Ordinary Members are those Indian citizens who
are enrolled as such in accordance with the provisions laid down in the
bye-laws.
4.
Office-bearers of the Institute.- The following will be the office-bearers
of the Institute :
(a)
President : The Chief Justice of India will be the President, ex-officio.
(b) Vice-President : The Law Minister in the Government of India and the
Attorney-General will be Vice-Presidents ex-officio.
There will be one other Vice-President elected by the Governing Council
in accordance with the provisions laid down in the bye-laws.
(c) Executive Chairman who will be nominated by the President.
(d) Secretary who will be nominated by the President.
(e) Treasurer who will be nominated by the President.
5.
Governing Councd.-There shall be a Governing Council composed of-
(a) the office-bearers of the Institute,
namely, the President, Vice-Presidents, Executive Chairman, Secretary
and the Treasurer :
(b) the Solicitor-General
(c) the Home Minister in the Government of India
(d) the Education Minister In the Government of India
(e) the President of the Indian Branch of the International Law Association
;
(f) the President of the Indian Council of World Affairs
(g) the Chairman of the Universities Grants Commission
(h) two Vice-Chancellors of the Universities in India nominated by the
Inter-University Board of India : as far as practicable the nomination
shall be of the Vice-Chancellors of the Universities which have been enrolled
as Corporate Members ;
(i) five persons elected in accordance with the provisions and the procedure
laid down In the bye-laws by Judges, either of the Supreme Court or of
a High Court, who are members of the Institute, from among themselves
;
(j) five persons elected by the members of the Institute in accordance
with the provisions and the procedure laid down in the bye-laws from among
the Deans of the Faculties of Law of the Universities in India, which
are established by an Act of Legislature :
(k) ten other persons elected by the members of the Institute in
accordance with the provisions and the procedure laid down in the bye-laws
from among the members of the Institute.
6.
Rights, powers and duties of the Governing Council.-(a) All properties,
movable, immovable, or of any other kind, shall stand vested in the Council.
(b) The business and affairs of the Institute shall be carried on and
managed by the Council who shall exercise all such powers and authority
of the Institute as are not specifically and expressly vested by these
rules and regulations In the general body of members.
(c) The Council shall have all such powers and shall perform all such
functions as are necessary or proper for the achievement or the furtherance
of the objects of the Institute.
(d) Without prejudice to the generality of the foregoing provisions, the
Council shall have the following rights and powers
(i) to acquire by gift, purchase, exchange, lease or otherwise, lands,
buildings or other immovable property, together with all rights appertaining
thereto ;
(ii) to construct and maintain buildings, including right to alter or
improve them, and to equip them suitably
(iii) to manage the properties of the Institute ,
(iv) to accept the management of any trust fund or endowment in which
the institute is interested ;
(v) to raise funds for the Institute by gifts, donations. or other- wise
(vi) to raise loans
(vii) to receive monies, securities, instruments and/or any other movable
property,for and on behalf of the Institute
(vili) to enter into agreements for and on behalf of the Institute
(ix) to sue and defend all legal proceedings on behalf of the Institute
;
(x) to institute a provident fund for the benefit of the employees of
the Institute and manage such provident fund ;
(xi) to grant receipts, to sign and execute instruments. and to endorse
or discount cheques or other negotiable instruments through its accredited
agents ;
(xii) to make, sign and execute all such documents and Instru- ments as
may be necessary or proper for carrying on the management of the property
or affairs of the Institute ;
(xiii) to invest the monies and funds of the Institute and to vary the
investments as and when it may seem necessary or proper ;
(xiv) to make suitable grants of monies or other assistance to a University,
educational institution or other society, for the conducting or the prosecution
of any research or investigation or study in a subject in which the Institute
is interested ;
(xv) to grant fellowship, scholarship, or other monetary assistance, on
such terms and conditions as it may prescribe, to such persons as it may
select for the carrying on of any research, investigation, or study in
a subject in which the Institute is interested ;
(xvi) to manage, sell, transfer or otherwise dispose of any property,
movable or immovable, of the Institute :
(xvil) to assign, from time to time, such functions and duties and delegate
such powers, as it may deem fit, to the Executive Committee ,
(xviii) to perform all such acts and do all such things as may be necessary
for the proper management of the properties and the affairs of the Institute
:
(xix) to appoint an auditor or auditors for auditing the accounts of the
Institute and to report thereon.
(e)
The Council shall have power to make bye-laws in respect of the following
matters :
(i) the management of the properties, funds, affairs and work of the Institute
.
(ii) the conditions and procedure under and according to which the Vice-President
(other than ex offtcio Vice-President) is to be elected :
(iii) the conditions and procedure under and according to which the several
classes of members of the Institute may be en- rolled or co-opted :
(iv) the subscription, if any, to be paid by the different classes of
members ,
(v) the rights, duties and privileges of the several classes of members
;
(vi) the procedure for election of members to the Council, includ- ing,
if it deems fit, postal voting and voting by proxy :
(vii) the procedure for the convening and the conduct of meetings of the
Council, the Executive Committee, and such other bodies as may be set
up from time to time, including provision for the transaction of business
by circulation, proxy. or other- wise, as may be deemed fit ;
(viii) such other purpose as may be found necessary.
The Council shall have power to repeal, amend and modify the bye-laws.
(g) The Council may, from time to time, delegate all or any of its powers
to the Executive Committee.
7.
Executive Co~ittee.-(a) There shall be an Executive Committee constituted
as follows :
(i) the Executive Chairman (ex-officio)
(ii) the Director (ex-officio) ,
(iii) the Treasurer (ex-officio)
(iv) the Secretary (ex-officio)
(v) not less than seven and not more than fourteen other members nominated
by the President, in consultation with the Vice-Presidents and the Executive
Chairman, from among the members of the Council, provided that, as far
as practicable, among the members so nominated, one shall be a Judge of
the Supreme Court, one a Dean of the Faculty of Law of a University in
India and one a practising advocate.
(b) The Executive Chairman shall, ex-offzcio, be the Chairman of the Executive
Committee.
(c) Powers, functions and duties of the Executive Committee :
The Executive Committee shall have the following powers and duties and
shall perform the following functions :
(i) to appoint from time to time such and so many officers and other
employees and on such terms and conditions, as it may deem fit, for carrying
on the management and the affairs of the Institute :
(ii) to appoint such and so many persons and on such tenns and conditions,
as it may deem fit. for the conducting of the studies, Investigations,
researches,teaching or other work, undertaken by the Institute (iii) to
exercise control over the employees of the Institute, including the power
of dismissal ;
(iv) to prescribe the powers, functions and duties gf the Executive Chairman.
the Treasurer and the Secretary ,
(v) to establish or cause to be established Regional offices at
convenient centres In India to promote the activities of the Institute
;
(vi) to assign and delegate functions and powers to the Regional Offices
,
(vii) to propose bye-laws for any of the matters for which they may be
made for consideration and adoption by the Council ;
(viii) to select, from time to time, subjects in which investigations,
studies, researches and teaching may be conducted by the Institute ,
(ix) to correspond with foreign scholars, institutions and organisations
and to co-operate with them In matters relating to the work of the Institute
;
(x) to appoint, if It deems fit, delegates to represent the Institute
to conferences in India and abroad ,
(xi) to hold lectures, seminars, and to arrange for studies, investigations,
researches and conferences in such subjects and in such manner, as it
may deem fit,from time to time :
(xii) to publish andlor to finance the publication of studies, treatises,
books, periodicals, reports andlor other literature and to sell or arrange
for the sale of them, as it may deem,- fit, from time to time :
(xiii) to arrange for the documentation of such materials in legal and
allied fields, as it may deem fit, from time to ti-ne
(xiv) to institute and maintain a library or libraries ,
(xv) to purchase all such articles and materials as may be needed for
the Institute and its work ;
(xvi) to perform all such acts and duties and exercise all such powers
as may be delegated or assigned to it by the Council ,
(xvi-a) to appoint, from time to time. sub-committees, including, if need
be, persons other than members of the Executive Committee, and to assign
and/or delegate thereunto, such powers, duties and functions. as it may
deem fit :
(xvii) to perform all such acts and duties and exercise all such powers
as may be necessary for the carrying on of the affairs of the Institute
subject to the general direction of the Council.
8.
Terrn of office.-
(a) The term of office of the elected Vice-President, the Executive Chairman,
the Treasurer and the Secretary shall be three years. They are eligible
for re-election or re-appointment.
(b) The term of office of the members elected or nominated to the Council
shall be three years. They are eligible for re-election or re-appointment.
(c) A casual vacancy in the office of the Executive Chairman, the Treasurer,
or the Secretary of the Institute may be filled up for the residue of
the term.
(d) A casual vacancy in the office of the elected Vice-President may be
filled up for the residue of the term by election in accordance with the
provisions laid down in the bye- laws.
(e) The names of members who are liable to pay subscriptions and whose
subscriptions are in arrears may be removed from the rolls of the members
of the Institute in accordance with the provisions laid down in the bye-laws.
9.
Meetings.-
(a) All meetings of the members of the Institute or of the Council shall
be held in Delhi or New Delhi unless otherwise decided by a specific resolution
of the Council.
(b) Meetings of the Executive Committee may be held at Delhi or at such
other convenient place as may be fixed by the Executive Chairman.
(c) A meeting of the General Body shall be called by the President oh
a requisition signed by not less than 100 (ode hundred) members.
(d) There shall be an annual meeting of the Council and such other meetings
as may be decided upon by the Executive Committee in consultation with
the President.
(e) The President may convene, In consultation with the Executive Committee,
a meeting of the General Body.
10.
Quorum--
(a) For meeting of the General Body convened on a- requisition signed
by not less than 100 (one hundred) members-100 (one hundred).
(b) For any other meeting of the General Body called by the President-50
(fifty).
(c) For a meeting of the Council-9 (nine).
(d) For a meeting of the Executive Committee--5 (five).
11.
Budget.-
(a) Once every year the Executive Committee shall frame a budget of the
estimated income and expenditure of the Institute and place it before
the Council at its annual meeting for consideration and adoption.
The budget, as passed by the Council, shall be operated upon by the Executive
Committee.
(b) once every year the accounts of the Institute shall be audited by
the auditor appointed for the purpose by the Council.
(c) A statement of the accounts so audited, together with the observations
of the auditors, shall be placed before the Council, as far as practicable
at its annual meetings, and if the statement of the audited accounts be
not ready by the date of the annual meetings. it shall be placed before
the Council at a subsequent meeting called for the purpose.
12.
Amendments.
(a) Amendments to the rules and regulations of the Institute may be made
by the Council by two-thirds majority of the members present and voting
at the meeting convened for the purpose, provided that the members voting
in favour of the amendment constitute not less than half of the total
number of
members of the Council at the time.
(b) Amendments to the bye-laws may be made by the Council by a simple
majority.
13.
Transitory provisions. Notwithstanding anything. contained in these Rules
and Regulations-
(a) the first Governing Council and the first Executive Committee shall
be composed as specified in clause 4 of the Memorandum of Association
,
(b) in addition to the first members of the Governing Council and the
Executive Committee, the President may nominate such and so many persons,
as he deems fit, to the Governing Council, and. if need be, to the Executive
Committee as well, subject, however, to the total strength of the Governing
Council not exceeding 35 (thirty-five) and the total strength of the Executive
Committee not exceeding 17 (seventeen) ,
(c) the first members of the Governing Council and of the Executive Committee
specified in clause 4 of the Memorandum of Association, other than those
who are members thereof ex-offwio, will hold office for a period of two
years from the date of registration of the Institute .
(d) the members nominated by the President in addition to the first members
specified in the Memorandum of Association shall hold office from the
date of nomination till the expiry of two years from the date of registration
of the Institute ,
(e) in case of a casual vacancy during the period of two years from the
date of registration of the Institute among the members of the Governing
Council or the Executive Committee, the President may fill the vacancy
by nomination.
We,
the undersigned members of the Governing Council of the Indian Law Institute,
do hereby certify that the above is a correct copy of the rules of the
said Institute.
This twenty-second day of December, 1956, at Delhi
Witness
(Sd)
.........................
Faculty
of Law, University of Delhi,
Delhi-8
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