Section 26 of the Central Universities Act, 2009: Powers to Make Statutes

Section 26 of the Central Universities Act, 2009 identifies the matters that may be governed by the Statutes of a Central University. It covers the University's authorities, officers, teachers and employees, service conditions, appeals, arbitration, academic bodies, discipline, delegation of powers and related institutional matters.

Legal position: Section 26 is an enabling provision. The opening words, "Subject to the provision of this Act", mean that University Statutes made under this section must remain consistent with the Central Universities Act, 2009. The procedure governing how Statutes are made is dealt with separately in Section 27.

What does Section 26 provide?

The expression "Statutes" in the Central Universities Act refers to the statutory framework through which important matters of University governance and administration are regulated. Section 26 specifies the subjects for which those Statutes may make provision. The current official text of the Central Universities Act, 2009 is available through India Code.

Text of Section 26 - Powers to make Statutes

26. Powers to make Statutes. - Subject to the provision of this Act, the Statutes may provide for all or any of the following matters, namely:-

  1. the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time;
  2. the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;
  3. the appointment, powers and duties of the officers of the University and their emoluments;
  4. the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service;
  5. the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project;
  6. the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;
  7. the principles governing the seniority of service of the employees of the University;
  8. the procedure for arbitration in cases of dispute between employees or students and the University;
  9. the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;
  10. the conferment of autonomous status on a College or an Institution or a Department;
  11. the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions;
  12. the conferment of honorary degrees;
  13. the withdrawal of degrees, diplomas, certificates and other academic distinctions;
  14. the management of Colleges and Institutions established by the University;
  15. the delegation of powers vested in the authorities or officers of the University;
  16. the maintenance of discipline among the employees and students; and
  17. all other matters which by this Act are to be, or may be, provided for by the Statutes.

Key areas covered by Section 26

  • University authorities and bodies: Statutes may regulate their constitution, powers, functions, membership, tenure and vacancies.
  • Officers, teachers and employees: Statutes may deal with appointments, powers, duties, emoluments and conditions of service.
  • Employee service matters: Pension, insurance, provident fund, termination, disciplinary action and seniority may be governed through Statutes.
  • Dispute resolution and appeals: Statutes may prescribe arbitration procedures and appeals to the Executive Council by employees or students.
  • Academic and institutional structure: Statutes may address autonomous status and the establishment or abolition of Schools, Departments, Centres, Halls, Colleges and Institutions.
  • Academic distinctions: The conferment of honorary degrees and withdrawal of degrees, diplomas, certificates and other academic distinctions may be regulated.
  • Governance and discipline: Statutes may regulate delegation of powers and discipline among University employees and students.

Section 26 and related provisions

Section 26 should be read with the surrounding provisions of the Act. Section 27 deals with how Statutes are made. Section 28 concerns the power to make Ordinances, while Section 29 concerns Regulations. These provisions form part of the statutory hierarchy governing the internal administration of Central Universities.

Practical significance

Section 26 provides the legislative basis for detailed University Statutes on matters that are too specific to be exhaustively set out in the parent Act. Accordingly, questions concerning appointment, service conditions, disciplinary action, seniority, institutional authorities, appeals or other matters listed in Section 26 ordinarily require examination of both the Central Universities Act, 2009 and the applicable Statutes of the particular Central University.

Note: This page is an informational guide to Section 26. For an authoritative legal text and amendments, consult the official India Code publication and applicable Gazette notifications.