Section 39 of the Central Universities Act, 2009: Proceedings Not Invalidated by Vacancies

Section 39 protects the continuity and validity of acts and proceedings of an authority or other body of a University when one or more seats among its members are vacant.

Text of Section 39

Section 39 - Proceedings of authorities or bodies not invalidated by vacancies.

No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

Meaning and Purpose of Section 39

The provision is a continuity clause. Its purpose is to prevent the functioning of a University authority or other University body from being automatically defeated merely because a membership position is vacant. In practical terms, the existence of a vacancy, by itself, does not invalidate an act or proceeding of that authority or body.

Important: Section 39 addresses invalidity arising merely from a vacancy or vacancies. It does not state that every procedural, jurisdictional, quorum-related or statutory defect is cured. Any separate requirement imposed by the Act, applicable Statutes, Ordinances or Regulations must therefore be examined on its own terms.

Key Elements of the Provision

"No act or proceedings" indicates that the protection extends to acts as well as proceedings of the relevant University authority or body.
"Any authority or other body of the University" makes the provision applicable to bodies functioning within the statutory University structure.
"Merely by reason of" limits the protection to a challenge based only on the existence of a vacancy or vacancies.
"Vacancy or vacancies among its members" means that an unfilled membership position does not, on that ground alone, nullify the body's acts or proceedings.

Relationship with Section 38

Section 38 deals with the filling of casual vacancies, while Section 39 addresses the legal effect of vacancies on acts and proceedings. Read together, the provisions support continuity in University administration while vacancies are dealt with in accordance with the Act and the applicable University framework.

Central Universities Act, 2009

The Central Universities Act, 2009 is Act No. 25 of 2009. It was enacted on 20 March 2009 to establish and incorporate Universities for teaching and research in various States and to provide for connected or incidental matters. The Act is deemed to have come into force on 15 January 2009.

Official Legal Resources

Related Provisions

For context, readers may also refer to Section 38 - Filling of casual vacancies, Section 40 - Protection of action taken in good faith, and Section 41 - Mode of proof of University record.