What are the legal formalities required to start a law college?


these are the guidelines for opeaning a new college1. Submission of proposal for Opening New Law College:
(i) An application in the prescribed format containing the proposal with a detailed project report (DPR)
shall be submitted to the Government by the applicant only after putting in place the requisite
infrastructure etc as per the guidelines.
(ii) The applicant can be a Non-profit Organization like a Public Trust/Society registered under Union
or State Law or a Company registered under section 25 of the Companies Act, 1956. The Registration
document of the sponsoring body along with membership and list of office bearers with address and
objectives of the Society/Trust and terms & conditions governing them in the form of resolution of the
Trust/Society shall be submitted along with the application.
(iii) The applications of only those societies/trusts that are already successfully running quality
educational institutions will be considered for permission to open law Colleges, on Self Financing basis.
The applicant trust/society should have experience of at least five years of running an institute of
higher learning with a certificate of accreditation and substantial proof of academic credentials etc.
Applications of those trust/societies that have no experience of running institutes of higher learning
will not be entertained.
(iv) All properties, assets, and academic support services shall be required to be recorded in the
name of the Institution.
(vi) If the application is found to be in order, an inspection would be carried out to verify the actual
(vii) In case all laid down conditions are satisfied, a NOC would be issued
2. Requirement of land:
The minimum requirement of land for a Law College shall be 5 acres. No Law College can be opened
unless the Sponsoring Body has 5 acres of land either by way of ownership or on a
perpetual irrevocable lease of at least 30 years or gift deed at the time of application.
3. Endowment Fund Minimum Capital Fund Requirement:
The applicant shall create a non-transferable endowment fund in the name of the Society or Trust as
the case may be. Funds worth Rs 2.00 Crores for various purposes and Rs 50.00 Lacs for endowment
funds are required for opening a new College which will be pledged in the name of the Higher
Education Commissioner, Haryana. The endowment funds in the shape of FDR of Rs. 50.00 lacs shall
be deposited in the office of the Higher Education Commissioner, Haryana within 30 days of issuance
of provisional NOC. In addition to this, a Bank Guarantee amounting to Rs 1.00 crores will also be
4. Administrative Block:
There shall be an administrative block consisting of the Principal’s room with basic amenities, Office room,
staff room with toilets (M & F), departmental rooms, etc.
5. Building :
There shall be the academic block building to provide separate classrooms for general class for each
section sufficient to accommodate sixty students as per the requirement of per student, floor space as
specified by the UGC, and also such other rooms for tutorial work, moot courtroom exercises, common
room for male and female students and adequate library space for keeping books, periodicals, and
journals. The library shall also have adequate reading room space for at least 25% of the enrolled
students according to per capita reading space specified by UGC and computer & internet facilities. A
multi-purpose conference Hall/Auditorium in the institution must/may be provided
6. Library:
There shall be adequate space in the library for a computer facility with access to the internet and national
and international library access and databases.
Minimum Library requirement: To start with, a Law Library shall have a set of AIR manual, Central
Acts and Local Acts, Criminal Law Journals, SCC, Company cases, Indian Bar Review, selected
Judgments on Professional Ethics and Journals with the back volumes for at least ten years and also
a such number of text and reference books in each subject taught during the period according to the minimum standard ratio of ten books for each registered student. For running an integrated program,
textbooks relevant to the course of study are also to be kept in a similar minimum ratio. The
minimum investment in Library in each academic year shall be Rupees Five Lacs for one stream and
Rupees Ten Lacs for both the streams.
7. Laboratories:
Institutions running integrated law programs shall have adequate laboratory facilities in the various course
of studies is offered in the curriculum for Science, Engineering, and technology course along with law
courses. The standard of such laboratory, per capita space, types of equipment, supplies, and other facilities
shall be as specified by the UGC/BCI, etc.
8. Hostels:
There shall be facilities required for hostels separately for boys and girls students constructed on the
direction and specifications by the UGC.
9.Essential Services:
a) Adequate facilities (water, electricity, sewerage)
b) Separate common room for boys and girls be provided in co-educational colleges
c) There should be playgrounds and indoor game facilities.
d) There should be separate toilets/washrooms for boys and girls
e) There should be canteen & parking space facilities for students and staff
10. Principal:
There shall be a whole-time Principal/ Head for each Law College or a Centre of Legal Education in a
multi-faculty Institution, who shall have minimum qualifications prescribed by the UGC/BCI or any
other regulatory body.
11. Staff:
Appointment of the academic staff shall be made for teaching all courses. Steps were taken to recruit
adequate number of full time and visiting faculty members to teach each subject of studies, each
faculty having at least a Master’s Degree in the respective subject as required under the UGC/BCI rules.
12. Core Faculty:
There shall be a sufficient number of full-time faculty members in each Centre of Legal Education to
teach each subject at all point in time for running courses which can be supported by part-time or
visiting faculty. Such a core faculty shall in no case be less than six in the first year of the approval
with both streams in operation, eight in the second year and ten in the case of the third year of Law
Courses. In addition, for the integrated course there shall be adequate faculty in the subjects offered
in the liberal educational subjects as part of the course by the Institution. The teachers for
Management, Commerce, and Engineering & Technology or any other discipline shall possess
qualification as is required under the UGC guideline or under such other standard-setting body as the
discipline is allotted to by any Act, statute, or Rules of the Government of India or a State.
For the Three Year Bachelor of Law Degree course only with two sections without the Honors
the program, there shall be a minimum of 4 core faculty in the first year; six in the second, and eight in
the third year in addition to the Principal/Head or Dean as the case may be Provided that an
Institution intending to run any specialized or Honors course must have at least three faculty in the
the group in which specialization and honors courses are offered.
Provided further that each full-time faculty shall take as many classes in the subject or subjects as
maybe assigned to them based on standard prescribed by the standard-setting Institution like
UGC and /or BCI.
13. Teaching Work Load:
The teaching workload of full-time and part-time teachers shall be according to the minimum norms
prescribed by the UGC/University/State Govt. from time to time size of section; periods per week;
duration of periods/moot court and project work will be as per BCI Rules of Legal
14. Admission Procedure:
The institution shall adhere to all the instructions, rules, and regulations issued from time to time by
the Government/Universities in this regard. The reservation policy for admission by State Govt. will be
15. Fee and funds:
The institution shall charge only such fee and funds from the students as prescribed by the Affiliating
University/ State Government as amended from time to time. The institute will have to give
undertaking for fee concession to reserve categories as per State Govt. policy and shall not charge
donations, capitation fee, etc. from the students.
16. Internship:
The Institution shall adhere to the BCI rules of Legal Education, 2008 schedule 3 Clause 27 or as
amended from time to time. Legal Aid Centre and Computer Education will be compulsory for the
17. The Educational Society/Trust will have to give an undertaking that the proposed college shall
observe the provisions of the Acts, Statutes, Ordinance, and regulations of the
Government/UGC/University as amended from time to time and of BCI rules of Legal Education given
under sections 7(1)(h) and (i), 24 (l)(c)(iii), and (iii), 49(1) (ai), (ag), and (d) of the Advocates Act,
1961 made by .the Bar Council of India in consultation with Universities and State Bar Councils. The
Educational Society/Trust will submit the undertaking required by the Government in the form of an
18. An undertaking in the form of an affidavit that the information and documents submitted by the
the applicant is authentic and true.
19. In case of violation detected at any stage, the NOC would be withdrawn.
20. A nonrefundable processing fee of Rs. 2.00 lac (in the form of a bank draft, drawn in favor of
Higher Education Commissioner, Haryana) shall have to be submitted along with the application.
21. An inspection shall be carried out to verify compliance with the required norms and claims made
by the applicant society/trust. In case all conditions are satisfied, NOC would be issued. If however, at
any stage subsequently, any violation/contravention/ misrepresentation/ misconduct comes to notice;
NOC shall be liable to be withdrawn and endowment fund and bank guarantee shall be forfeited

Reference: Section 25 in The Companies Act, 1956
25. Power to dispense with” Limited” in name of charitable or other company.
(1) Where it is proved to the satisfaction of the Central Government that an association-
(a) is about to be formed as a limited company for promoting commerce, art, science, religion, charity or any other useful object, and
(b) intends to apply its profits, if any, or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the Central Government may, by licence, direct that the association may be registered as a company with limited liability, without the addition to its name of the word” Limited” or the words” Private Limited”.
(2) The association may thereupon be registered accordingly; and on registration shall enjoy all the privileges, and (subject to the provisions of this section) be subject to all the obligations, of limited companies.
(3) Where it is proved to the satisfaction of the Central Government-
(a) that the objects of a company registered under this Act as a limited company are restricted to those specified in clause (a) of sub- section (1); and
(b) that by its constitution the company is required to apply its profits, if any, or other income in promoting its objects and is prohibited from paying any dividend to its members,
the Central Government may, by licence, authorise the company by a special resolution to change its name, including or consisting of the omission of the word” Limited” or the words” Private Limited”; and section 23 shall apply to a change of name under this sub- section as it applies to a change of name under section 21.
(4) A firm may be a member of any association or company licensed under this section, but on the dissolution of the firm, its membership of the association or company shall cease.
(5) A licence may be granted by the Central Government under this section on such conditions and subject to such regulations as it thinks fit, and those conditions and regulations shall be binding on the body to which the licence is granted, and where the grant is under sub- section (1), shall, if the Central Government so directs, be inserted in the memorandum, or in the articles, or partly in the one and partly in the other.
(6) 1 It shall not be necessary for a body to which a licence is so granted to use the word” Limited” or the words” Private Limited” as any part of its name and, unless its articles otherwise provide, such body shall, if the Central Government by general or special. order so directs and to the extent specified in the direction, be exempt from such of the provisions of this Act as may be specified therein.]
(7) The licence may at any time be revoked by the Central Gov- ernment, and upon revocation, the Registrar shall enter the word” Limited” or the words” Private Limited” at the end of the name upon the register of the body to which it was granted; and the body shall cease to enjoy the exemption granted by this section: Provided that, before a licence is so revoked, the Central Government shall give notice in writing of its intention to the body, and shall afford it an opportunity of being heard in opposition to the revocation.
(8) 2 (a) A body in respect of which a licence under this section is in force shall not alter the provisions of its memorandum with respect to its objects except with the previous approval of the Central Government signified in writing.
(b) The Central Government may revoke the licence of such a body if it contravenes the provisions of clause (a).
1. Subs. by Act 65 of 1960 s. 9, for sub- section (6).
2. Subs. by s. 9, ibid., for sub- section (8).
(c) In according the approval referred to in clause (a), the Central Government may vary the licence by making it subject to such conditions and regulations as that Government thinks fit, in lieu of, or in addition to, the conditions and regulations, if any, to which the licence was formerly subject.
(d) Where the alteration proposed in the provisions of the memorandum of a body under this sub- section is with respect to the objects of the body so far as may be required to enable it to do any of the things specified in clauses (a) to (g) of sub- section (1) of section 17, the provisions of this sub- section shall be in addition to, and not in derogation of, the provisions of that section.]
(9) Upon the revocation of a licence granted under this section to a body the name of which contains the words” Chamber of Commerce”, that body shall, within a period of three months from the date of revocation or such longer period as the Central Government may think fit to allow, change its name to a name which does not contain those words; and-
(a) the notice to be given under the proviso to sub- section (7) to that body shall include a statement of the effect of the foregoing provisions of this sub- section; and
(b) section 23 shall apply to a change of name under this sub- section as it applies to a change of name under section 21.
(10) If the body makes default in complying with the requirements of sub- section (9), it shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues. Articles of Association.



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