Section 20 of the Central Universities Act, 2009 - The Court

Section 20 deals with the constitution, representative character, powers and functions of the Court of a University governed by the Central Universities Act, 2009.

Legal context: The Central Universities Act, 2009 is Act No. 25 of 2009. It received Presidential assent on 20 March 2009 and is deemed to have come into force on 15 January 2009. The detailed constitution and term of the Court are left to the Statutes made under the Act.

What does Section 20 provide?

The provision creates the statutory framework for the University Court. It does not itself fix the complete membership or tenure. Instead, those details are to be prescribed by the Statutes. Section 20 also requires elected representation from among teachers, employees and students in the number prescribed by the Statutes.

Section 20 - The Court

(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes.

Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.

(2) Subject to the provisions of the Act, the Court has the following powers and functions:

to review, from time to time, the broad policies and programmes of the University and suggest measures for its improvement and development;
to consider and pass resolutions on the annual report, annual accounts and the audit report on those accounts;
to advise the Visitor on any matter referred to the Court for advice; and
to perform other functions prescribed by the Statutes.

Meaning and scope of the University Court

For the purposes of Section 20, the "Court" is one of the authorities of the University. Section 19 identifies the authorities, while Section 20 specifically regulates the Court. Its role is principally institutional and supervisory: it reviews broad policy and programmes, considers key annual governance documents and advises the Visitor when a matter is referred to it.

Constitution and elected representation

Section 20(1) uses the Statutes as the mechanism for determining the composition of the Court and the tenure of its members. The proviso is important because it ensures that the Statutes provide for election of a prescribed number of representatives from the University's teachers, employees and students.

Powers and functions under Section 20(2)

Review of policies and programmes

The Court may periodically review the University's broad policies and programmes and recommend measures for improvement and development. The wording gives the Court a broad review and recommendation function rather than day-to-day executive administration.

Annual report, accounts and audit report

The Court may consider and pass resolutions on the University's annual report, annual accounts and the audit report relating to those accounts. This connects the Court with institutional oversight and review of the University's yearly performance and financial reporting.

Advice to the Visitor

Where the Visitor refers a matter to the Court, the Court may advise the Visitor on that matter. The power is therefore linked to a reference made by the Visitor.

Functions prescribed by the Statutes

Section 20(2)(d) allows additional functions to be assigned through the Statutes. Accordingly, Section 20 should be read together with the applicable Statutes of the particular Central University when determining the Court's complete composition, tenure and functions.

Related provisions

For the statutory sequence, see Section 19 - Authorities of University, Section 21 - Executive Council, Section 22 - Academic Council, Section 23 - Boards of Studies, Section 24 - Finance Committee and Section 25 - Other authorities of University.

Reference note: For legal research or citation, verify the current consolidated text, applicable amendments and the Statutes of the particular University from official Government sources.