Section 38 of the Central Universities Act, 2009: Filling of Casual Vacancies
Section 38 provides a continuity mechanism for a casual vacancy among members of an authority or other body of a Central University. It identifies who must fill the vacancy and limits the replacement member's tenure to the unexpired portion of the original member's term.
Text of Section 38 - Filling of casual vacancies
For the current statutory text, see the Central Universities Act, 2009 on India Code.
Meaning and scope of Section 38
Section 38 deals with a vacancy that arises during an existing term in the membership of a University authority or other University body. The provision does not create a fresh full term for the replacement member. Instead, it preserves the original tenure cycle by allowing the incoming member to serve only for the remaining part of the predecessor's term.
1. Ex officio members are excluded
The section expressly applies to members other than ex officio members. An ex officio membership ordinarily attaches to the holding of a particular office; Section 38 therefore excludes such members from this casual-vacancy mechanism.
2. The same appointing, electing or co-opting channel is retained
The vacancy is to be filled by the person or body that appointed, elected or co-opted the member whose place became vacant. In practical terms, the statutory method by which the predecessor entered the authority or body continues to govern the filling of that casual vacancy.
3. The vacancy should be filled promptly
The words "as soon as may be" indicate that the statutory process is intended to fill a casual vacancy without unnecessary delay, subject to the applicable appointment, election or co-option procedure.
4. Replacement member gets only the residue of the term
The incoming member does not begin a new full tenure merely because a casual vacancy has been filled. The membership lasts for the residue, or remaining portion, of the term that the outgoing member would otherwise have served.
Simple example
If a member was elected for a fixed term and the seat becomes vacant before that term expires, the competent person or body that elected that member fills the casual vacancy. The replacement serves only until the date on which the predecessor's original term would have ended.
Relationship with Section 39
Section 38 concerns the method for filling casual vacancies. The immediately following Section 39 separately provides that an act or proceeding of a University authority or other body is not invalid merely because a vacancy or vacancies exist among its members. The two provisions therefore address different aspects of institutional continuity.
Key points
- Section 38 applies to casual vacancies among members of a University authority or other body.
- Ex officio members are expressly excluded.
- The person or body responsible for the predecessor's appointment, election or co-option fills the vacancy.
- The replacement member serves only the unexpired part of the predecessor's term.
Legal note: This page is an explanatory guide. For authoritative wording, amendments and application to a particular University, consult the current Act, applicable Statutes, Ordinances and official notifications.