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Section 28 of the Central Universities Act, 2009: Power to Make Ordinances

Section 28 specifies the subjects that may be regulated through University Ordinances and identifies how the first Ordinances are made and subsequently amended, repealed or supplemented.

Legal context: Ordinances under Section 28 operate subject to the Central Universities Act, 2009 and the Statutes. They are therefore subordinate institutional rules and must remain consistent with the parent Act and applicable Statutes.

What does Section 28 cover?

The provision authorises Ordinances on core academic and administrative matters, including student admission and enrolment, courses of study, medium of instruction, examinations, degrees and academic distinctions, fees, scholarships and prizes, student residence, academic bodies and laboratories, collaboration with other institutions, grievance-redressal machinery, and other matters assigned to Ordinances by the Act or Statutes.

Text and structure of Section 28

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:

  1. the admission of students to the University and their enrolment as such;
  2. the courses of study to be laid down for all degrees, diplomas and certificates of the University;
  3. the medium of instruction and examination;
  4. the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
  5. the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University;
  6. the conditions for award of fellowships, scholarships, studentships, medals and prizes;
  7. the conduct of examination, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
  8. the conditions of residence of the students of the University;
  9. the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;
  10. the establishment of Centres of Studies, Boards of Studies, Specialised Laboratories and other Committees;
  11. the manner of co-operation and collaboration with other Universities, Institutions and other agencies including learned bodies or associations;
  12. the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
  13. the institution of fellowships, scholarships, studentships, medals and prizes;
  14. the setting up of machinery for redressal of grievances of employees and students; and
  15. all other matters which by this Act, or the Statutes, are to be, or may be provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Proviso: In the case of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, until the first Ordinances are made, the relevant pre-existing Statutes and Ordinances continue to apply to matters required to be provided by Ordinances, so far as they are not inconsistent with the Act and the Statutes.

Who makes the Ordinances?

Under sub-section (2), the first Ordinances are made by the Vice-Chancellor with the previous approval of the Executive Council. Thereafter, the Executive Council may amend, repeal or add to the Ordinances in the manner prescribed by the Statutes.

Relationship between the Act, Statutes and Ordinances

Section 28 begins with the words "Subject to the provisions of this Act and the Statutes." In practical terms, an Ordinance cannot override the Central Universities Act, 2009 or a valid Statute. Section 28 should therefore be read with Section 26 on the power to make Statutes, Section 27 on how Statutes are made, and Section 29 on Regulations.

Official legal source

For the authoritative and updated text, refer to the Central Universities Act, 2009 on India Code. Users should verify subsequent amendments, notifications and institution-specific Statutes or Ordinances before relying on the provision for a particular matter.