Section 11 of the Central Universities Act, 2009: Vice-Chancellor
Section 11 sets out the statutory position, appointment, principal functions, special powers and duties of the Vice-Chancellor of a University governed by the Central Universities Act, 2009.
Section 11 - Vice-Chancellor
(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter.
First proviso: If the authority concerned considers that the action ought not to have been taken, it may refer the matter to the Visitor, whose decision is final.
Second proviso: A person in the service of the University aggrieved by action taken by the Vice-Chancellor under sub-section (3) may represent against that action to the Executive Council within three months from communication of the decision. The Executive Council may confirm, modify or reverse the action.
(4) Where the Vice-Chancellor considers that a decision of a University authority is beyond the powers conferred on that authority by the Act, Statutes or Ordinances, or is not in the interest of the University, the Vice-Chancellor may ask the authority to review its decision within sixty days. If the authority refuses to review the decision wholly or partly, or takes no decision within sixty days, the matter shall be referred to the Visitor, whose decision is final.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
Appointment under Section 11(1)
The appointing authority is the Visitor. Section 11(1) does not itself prescribe the complete selection procedure; it expressly makes the appointment subject to the manner prescribed by the applicable Statutes. Accordingly, Section 11 should be read with the relevant Statutes governing the University.
Role under Section 11(2)
The Vice-Chancellor is both the principal executive officer and the principal academic officer. The statutory role includes general supervision and control over University affairs and implementation of decisions made by University authorities.
Immediate-action power under Section 11(3)
Sub-section (3) permits the Vice-Chancellor to exercise a power otherwise conferred on a University authority when, in the Vice-Chancellor's opinion, immediate action is necessary. The action must be reported to that authority at its next meeting.
The provision also contains safeguards. The concerned authority may refer the action to the Visitor if it considers that the action should not have been taken. In addition, an aggrieved University employee has a statutory right to make a representation to the Executive Council within three months from communication of the decision.
Review of decisions under Section 11(4)
The Vice-Chancellor may require a University authority to review a decision where it is considered to be beyond that authority's powers under the Act, Statutes or Ordinances, or contrary to the University's interest. The statutory review period is sixty days. If the authority does not review the decision as contemplated by the section, the matter goes to the Visitor for a final decision.
Other powers under Section 11(5)
Section 11 is not an exhaustive code of every function of the Vice-Chancellor. Sub-section (5) incorporates additional powers and duties prescribed by the Statutes or Ordinances. Those instruments therefore remain important when determining the Vice-Chancellor's authority in a particular Central University.
Related provisions
Section 9 identifies the Vice-Chancellor as one of the officers of the University, while Section 10 deals with the Chancellor and Section 12 deals with the Pro-Vice-Chancellor. For a complete reading of the institutional framework, these provisions should be read together with Section 11 and the applicable Statutes and Ordinances.
Legal note: This page is a general statutory guide. For an appointment, service dispute or challenge to a University decision, check the current Act, the University's applicable Statutes and Ordinances, and any relevant notifications or judicial decisions.