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

What this law does

The Tamil Nadu Legislative Assembly enacted Act No. 22 of 2018, The Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018, to regulate the establishment of private law colleges in Tamil Nadu. It replaces the earlier prohibition law, the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014, which is expressly repealed.

The Act says a private person cannot establish a law college after the Act comes into force unless the Government gives permission, and the college is set up according to the terms and conditions of that permission.

Who it affects

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

• companies, registered societies and registered trusts that want to start a law college
• applicants whose requests for No Objection Certificate from the Government or affiliation from the Tamil Nadu Dr.Ambedkar Law University were still pending when the Act commenced
• the Director of Legal Studies, who is the competent authority under the Act
• the State Government, which decides whether to grant permission

For this Act, a law college means any college or institution providing a course of study or training in law for admission to examinations for law degrees, diplomas or other academic distinctions of the University.

Main requirements for starting a private law college

A private person proposing to establish a law college must apply to the Director of Legal Studies.

The application process includes these requirements:

• creation of an endowment of rupees thirty lakh
• investment of that amount in a Nationalised Bank or a Government of India or Government of Tamil Nadu undertaking
• production of either a bank guarantee for five years for rupees twenty lakh, or a solvency certificate for that amount from the competent revenue authority
• payment of a non refundable application fee of rupees twenty five thousand into the Government Treasury
• submission of details such as the college name, courses, student amenities, library and moot court facilities, intake, and building details

How permission is decided

The Director of Legal Studies must verify the application, make any enquiry considered necessary, and send it to the Government with recommendations. The Government may grant or refuse permission after considering the application details and the rules, guidelines and instructions issued by the University Grants Commission, the Bar Council of India and the Tamil Nadu Dr.Ambedkar Law University.

The applicant must be given an opportunity to make a representation before permission is refused.

Important limits

The Tamil Nadu Establishment of Private Law Colleges (Regulation) Act, 2018 says no permission can be granted to establish a law college in districts where the Government has already established a law college.

After getting Government permission, the private person must still apply to the University and other appropriate authorities for permission or affiliation required under the relevant laws. The Act also states that it operates in addition to other laws, not instead of them.