Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018

No: 22 Dated: Jun, 12 2018

Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018

(Act No. 22 of 2018)

    An Act to regulate the establishment of Private Law Colleges in the State of Tamil Nadu.

    Whereas, in consonance with the spirit of Article 41 of the Constitution of India, the Government have taken a policy decision to establish adequate number of Government law colleges in the State in a phased manner, to impart legal education at affordable cost;

    And Whereas, the past experience revealed that private persons are not able to provide legal education at affordable cost to the economically and socially weaker sections and also not able to continue to run the law colleges;

    And Whereas, the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014 (Tamil Nadu Act 13 of 2014) was enacted to prohibit private persons from establishing any law college or institution providing any course of study or training in law for admission to the examination for law degrees, diplomas or other academic distinctions of the University;

    And Whereas, the Madras High Court, has ruled that there cannot be a total prohibition to start law colleges by private persons;

    And Whereas, the Bar Council of India has passed a resolution requesting all the State Governments to restrict the number of granting No Objection Certificates to start law colleges for three years;

    Now, therefore, the Government have decided to regulate the establishment of private law colleges in Tamil Nadu by laying down certain norms for grant of permission to start law colleges by private persons;

    Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "competent authority" means the Director of Legal Studies;

(b) "Government" means the State Government;

(c) "Law College" means any college or institution providing any course of study or training in law for admission to the examination for law degrees, diplomas or other academic distinctions of the University;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "private person" means ,-

(i) a company, whether incorporated or not;

(ii) a registered society;

(iii) a registered trust;

(f) "University" means the Tamil Nadu Dr.Ambedkar Law University established under section 3 of the Tamil Nadu Dr.Ambedkar Law University Act, 1996 (Tamil Nadu Act 43 of 1997).

3. Establishment of Law College. - No private person shall, on or after the date of commencement of this Act, establish a law college without the permission of the Government and except in accordance with the terms and conditions specified in such permission.