Central Universities Act, 2009

Establishes central universities for teaching and research in the various States in India.

Central Universities Act, 2009

[Act 25 of 2009]      [20th March, 2009]

An Act to establish and incorporate universities for teaching and research in the various States and to provide for matters connected therewith or incidental thereto

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:

Statement of Objects and Reasons.— The present level of Gross Enrolment Ratio in higher education sector in the country at approximately 11% is grossly inadequate to meet the challenges of a knowledge society and economy. There is an urgent need for raising the said Gross Enrolment Ratio, as also for increasing the quality of higher education, in a time bound manner.

2. The Central Universities Bill, 2008 was, therefore, introduced in the Lok Sabha on the 23rd October, 2008 for establishment of one new Central University in each of the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Orissa, Punjab, Rajasthan and Tamil Nadu, and to convert Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh, Goa University in the State of Goa, Doctor Harisingh Gour Vishwavidyalaya in the State of Madhya Pradesh and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand into Central Universities.

3. The Chairman, Rajya Sabha, in consultation with the Speaker, Lok Sabha, had referred this Bill to the Department-related Parliamentary Standing Committee on Human Resource Development for examination and report. The Committee, in its report presented to the Rajya Sabha and laid on the Table of the Lok Sabha on the 17th December, 2008, made fifteen recommendations suggesting amendments to certain clauses of the Bill and recommended that the Bill be passed after incorporating the amendments suggested by it.

4. Since the proposal for providing one Central University to each of such States which did not have a Central University had been under consideration for a pretty long time and the announcements made in this regard at the various forums had led to heightened expectations in the concerned States for expeditious action by the Central Government and a number of preparatory steps were also required to be taken for operationalising the Central Universities, well in time, for the next academic session, the Government was of the view that immediate action was required to give effect to the provisions of the aforesaid Bill incorporating therein seven recommendations of the Department-related Parliamentary Standing Committee on Human Resource Development relating to (a) dropping of conversion of Goa University into a Central University; (b) deletion of the clause vesting in the Central Government the power to give directions to the University; (c) appointment of the first Chancellor, Vice-Chancellor, Registrar and Finance Officer by the Visitor instead of the Central Government; (d) composition of the Search Committee for appointment of Vice Chancellor-three nominees of the Executive Council and two of the Visitor; (e) consultation with the Chancellor before action is taken by the Visitor to remove the Vice-Chancellor; (f) providing for elected student representatives in the Students' Council; and (g) making provision for at least two meetings of the Students' Council in every academic year instead of one proposed in the Bill. But the Bill could not be moved for consideration by the Lok Sabha during the last session.

5. Whereas the Parliament was not in session and the provisions of the Central Universities Bill, 2008 incorporating therein the aforesaid seven recommendations of the Department-related Parliamentary Standing Committee were to be given effect immediately, the Central Universities Ordinance, 2009 (Ord. 3 of 2009) was promulgated on the 15th January, 2009.

6. The Bill seeks to replace the Central Universities Ordinance, 2009.

1. Short title and commencement.

1. Short title and commencement.— This Act may be called the Central Universities Act, 2009.

(2) It shall be deemed to have come into force on the 15th day of January, 2009.

Other Contents of Central Universities Act, 2009​
Sections 1 to 7
Sections 8 to 29
Sections 30 to 47
Schedules (with Statute of University)

2. Definitions.

2. Definitions.— In this Act, and in all Statutes made hereunder, unless the context otherwise requires,—

(a) “Academic Council” means the Academic Council of the University;

(b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances;

(c) “Board of Studies” means the Board of Studies of a Department of the University;

(d) “College” means a college maintained by the University;

(e) “Chancellor”, “Vice-Chancellor” and “Pro Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro Vice-Chancellor of the University;

(f) “Court” means the Court of the University;

(g) “Department” means a Department of Studies and includes a Centre of Studies;

(h) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;

(i) “employee” means any person appointed by the University and includes teachers and other staff of the University;

(j) “Executive Council” means the Executive Council of the University;

(k) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University;

(l) “Institution” means an academic institution, not being a College, maintained by the University;

(m) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such;

(n) “Regulations” mean the Regulations made by any authority of the University under this Act for the time being in force;

(o) “School” means a School of Studies of the University;

(p) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force;

(q) “teachers of the University” means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; and

(r) “University” means a University established and incorporated as a University under this Act.

3. Establishment of Universities.

3. Establishment of Universities.— (1) The Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalaya in the State of Madhya Pradesh, established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (22 of 1973), and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand, established under the Uttar Pradesh State Universities Act, 1973 (President's Act 10 of 1973), shall be established as bodies corporate under this Act by the same names of “Guru Ghasidas Vishwavidyalaya”, “Doctor Harisingh Gour Vishwavidyalaya” and “Hemvati Nandan Bahuguna Garhwal University”, respectively.

(2) The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall be at Bilaspur, Sagar and Srinagar, respectively.

(3) The jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar, Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of Uttarakhand, respectively.

(4) There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, as specified in the First Schedule to this Act.

(5) The headquarters of each of the Universities, referred to in sub-section (4), shall be such as may be specified by the Central Government by notification in the Official Gazette.

(6) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council of each University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University.

(7) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

3-A. Special provision with respect to the State of Jammu and Kashmir.

[i][3-A. Special provision with respect to the State of Jammu and Kashmir.—(1) The Central University of Jammu and Kashmir established under sub-section (4) of section 3 shall be known as the Central University of Kashmir and its territorial jurisdiction shall be limited to the Kashmir Division of the State of Jammu and Kashmir.

(2) There shall be established a university, which shall be a body corporate, to be known as the Central University of Jammu having its territorial jurisdiction extending to the Jammu Division of the State of Jammu and Kashmir.

(3) All assets and liabilities of the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall stand transferred to be the assets and liabilities of the Central University of Jammu.

(4) Anything done or any action taken by the University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been done or taken by the Central University of Jammu.

(5) Any suit or legal proceedings instituted or continued by or against the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been instituted or continued by or against the Central University of Jammu].

3-B. Special provision with respect to State of Bihar.

[ii][3-B. Special provision with respect to State of Bihar.—(1) The Central University of Bihar established under sub-section (4) of section 3 shall be known as the Central University of South Bihar, having its territorial jurisdiction extending to the territory in the south of River Ganges in the State of Bihar, as specified in the First Schedule to this Act.

(2) There shall be established a University, which shall be a body corporate, to be known as the Mahatma Gandhi Central University, having its territorial jurisdiction extending to the territory in the north of the River Ganges in the State of Bihar, as specified in the First Schedule to this Act].

3-C. Establishment of Central University of Andhra Pradesh.

[iii][3-C. Establishment of Central University of Andhra Pradesh.—There shall be established a University, which shall be a body corporate, to be known as the Central University of Andhra Pradesh, having its territorial jurisdiction extending to the whole of the State of Andhra Pradesh, as specified in the First Schedule to this Act.]

3-D. Establishment of Central Tribal University of Andhra Pradesh.

[iv][3-D. Establishment of Central Tribal University of Andhra Pradesh.—There shall be established a Tribal University, which shall be a body corporate, to be known as the Central Tribal University of Andhra Pradesh, having its territorial jurisdiction extending to the whole of the State of Andhra Pradesh, as specified in the First Schedule to this Act, to provide avenues of higher education and research facilities primarily for the tribal population of India.]

4. Effect of establishment of Universities.

4. Effect of establishment of Universities.— On and from the date of commencement of this Act,—

(a) any reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any contract or other instrument shall be deemed as a reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;

(b) all properties, movable and immovable, of or belonging to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall vest in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act;

(c) all rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be transferred to, and be the rights and liabilities of, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;

(d) every person employed by Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, immediately before the commencement of this Act shall hold his office or service in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:

Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the University, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:

Provided further that every person employed before the commencement of this Act, pending the execution of a contract under Section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes:

Provided also that any reference, by whatever form of words, to the Vice-Chancellor and Pro Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Vice-Chancellor and the Pro Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act;

(e) the Vice-Chancellors of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and the Vice-Chancellor of Hemvati Nandan Bahuguna Garhwal University, appointed under the provisions of the Uttar Pradesh State Universities Act, 1973 (President's Act 10 of 1973), shall be deemed to have been appointed as the Vice-Chancellors under this Act, and shall hold office for a period of three months or till such time the first Vice-Chancellor is appointed under Section 44 of the Act, whichever is earlier; and

(f) all Colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act.

5. Objects of University.

5. Objects of University.— The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make special provisions for integrated courses in humanities, social sciences, science and technology in its educational programmes; to take appropriate measures for promoting innovations in teaching-learning process and inter-disciplinary studies and research; to educate and train manpower for the development of the country; to establish linkages with industries for the promotion of science and technology; and to pay special attention to the improvement of the social and economic conditions and welfare of the people, their intellectual, academic and cultural development:

[v][Provided that the Tribal University established under section 3D shall take additional measures for paying special attention to the tribal centric higher education and research, including art, culture and customs.]

6. Powers of University.

6. Powers of University.— (1) The University shall have the following powers, namely:—

(i) to provide for instructions in such branches of learning like natural sciences, social sciences, humanities, engineering, technology and medicine as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(iii) to organise and to undertake extra-mural studies, training and extension services;

(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(v) to provide facilities through the distance education system to such persons as it may determine;

(vi) to institute Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or other teaching or academic positions;

(vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;

(viii) to appoint persons working in any other University or academic institution, including those located outside the country, as teachers of the University for a specified period;

(ix) to create administrative, ministerial and other posts and to make appointments thereto;

(x) to co-operate or collaborate or associate with any other University or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes as the University may determine;

(xi) to establish such centres and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xiii) to establish and maintain Colleges, Institutions and Halls;

(xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;

(xv) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;

(xvi) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants and such other persons who may contribute to the advancement of the objects of the University;

(xvii) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes;

(xviii) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;

(xix) to demand and receive payment of fees and other charges;

(xx) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;

(xxi) to lay down conditions of service of all categories of employees, including their code of conduct;

(xxii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xxiii) to make arrangements for promoting the health and general welfare of the employees;

(xxiv) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purposes of the University;

(xxv) to borrow, with the previous approval of the Central Government, on the security of the property of the University, money for the purposes of the University; and

(xxvi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an all-India character and high standards of teaching and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—

(i) admission of students and recruitment of faculty shall be made on all-India basis;

(ii) admissions of students shall be made on merit, either through Common Entrance Tests conducted individually by the University or in combination with other Universities, or on the basis of marks obtained in the qualifying examination in such courses where the intake of students is small;

(iii) inter-University mobility of faculty, with portable pensions and protection of seniority, shall be encouraged;

(iv) semester system, continuous evaluation and choice-based credit system shall be introduced and the University shall enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes;

(v) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring;

(vi) active participation of students shall be ensured in all academic activities of the University, including evaluation of teachers;

(vii) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting agency at the national level; and

(viii) e-governance shall be introduced with an effective management information system.

7. University open to all castes, creed, race or class.

7. University open to all castes, creed, race or class.— The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens:

Provided further that no such special provision shall be made on the ground of domicile.

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