Section 3 of the Central Universities Act, 2009: Establishment of Universities
Section 3 is the principal establishment provision of the Central Universities Act, 2009. It identifies specified universities that became bodies corporate under the Act, states their headquarters and territorial jurisdiction, and provides the legal framework for other universities listed in the First Schedule.
What Section 3 provides
Current text of Section 3
(1)The Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalaya in the State of Madhya Pradesh, established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand, established under the Uttar Pradesh State Universities Act, 1973 (President's Act 10 of 1973), shall be established as bodies corporate under this Act by the same names of "Guru Ghasidas Vishwavidyalaya", "Doctor Harisingh Gour Vishwavidyalaya" and "Hemvati Nandan Bahuguna Garhwal University", respectively.
(2)The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall be at Bilaspur, Sagar and Srinagar, respectively.
(3)The jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar, Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of Uttarakhand, respectively.
(4)There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, as specified in the First Schedule to this Act.
(5)The headquarters of each of the University, referred to in sub-section (4), shall be such as may be specified by the Central Government by notification in the Official Gazette.
(6)The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council of each University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University.
(7)The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
Meaning and legal effect of Section 3
1. Universities as bodies corporate
A "body corporate" is a legal entity recognised separately from the individual officers or members who manage it. Under Section 3, the universities covered by the provision possess a continuing legal identity and can hold rights and obligations in their institutional name.
2. Headquarters and jurisdiction
Sub-sections (2), (3), (4) and (5) determine where the relevant universities are headquartered and the territory over which they exercise statutory jurisdiction. For universities established under sub-section (4), the First Schedule is therefore an essential part of the statutory scheme.
3. Perpetual succession and common seal
Sub-section (7) gives each university perpetual succession. Changes in the Chancellor, Vice-Chancellor, members of statutory bodies or other office-holders do not end the legal existence of the university. The university may also sue and be sued in its own name.
Later establishment provisions in the Act
After Section 3, Parliament has inserted special and additional establishment provisions, including Sections 3A to 3G. These provisions deal with universities in Jammu and Kashmir, Bihar, Andhra Pradesh, Ladakh, Gujarat and Telangana. Section 3G, inserted by the Central Universities (Amendment) Act, 2023, establishes the Sammakka Sarakka Central Tribal University for the State of Telangana.
This page is an informational presentation of the statutory provision. Where an official notification, amendment or court proceeding is involved, the Gazette of India, India Code and the relevant official record should be checked.