Central Universities Act, 2009

Section 27: Statutes, How to Be Made

Section 27 of the Central Universities Act, 2009 sets out the legal process for making, adding to, amending and repealing the Statutes of a University governed by the Act. It also defines the role of the Executive Council and the Visitor in that process.

In brief: the first Statutes are contained in the Second Schedule. The Executive Council may ordinarily make or change Statutes, but a new Statute, amendment or repeal does not become valid unless it receives the assent of the Visitor.

Meaning and scope of Section 27

For the purposes of this provision, the University Statutes are part of the statutory framework governing important institutional matters. Section 27 explains who may make or change those Statutes, what consultation is required where a University authority is affected, and when the Visitor's assent is necessary.

Section 27 should be read with Section 26, which identifies the matters for which Statutes may provide, and with the Second Schedule to the Act, which contains the first Statutes.

Key legal requirements

First Statutes: the initial Statutes are those set out in the Second Schedule to the Act.
Executive Council: it may make new or additional Statutes and may amend or repeal the first Statutes, subject to Section 27.
Consultation: where a proposed change affects the status, powers or constitution of a University authority, that authority must first be given an opportunity to express its opinion in writing, and the Executive Council must consider that opinion.
Visitor's assent: every new Statute, addition, amendment or repeal requires the assent of the Visitor. Without that assent, a new, amending or repealing Statute has no validity.
Direction by Visitor: the Visitor may direct the University to make specified statutory provisions. If the Executive Council cannot implement the direction within sixty days, the Visitor may act after considering the reasons communicated by the Executive Council.

Text of Section 27 - Statutes, how to be made

(1) The first Statutes are those set out in the Second Schedule to this Act.

(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):

Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act:

Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.

(6) Notwithstanding anything contained in this section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably.

Practical effect of Section 27

The provision creates a structured statutory process rather than leaving changes to University Statutes to an informal administrative decision. A proposal within the Executive Council's power must follow the required consultation where an authority is affected, and the resulting new Statute, amendment or repeal must obtain the Visitor's assent before it can have legal validity.

Related provisions

For the surrounding statutory scheme, see Section 26 - Powers to make Statutes, Section 28 - Power to make Ordinances, and Section 29 - Regulations.