Section 3A of the Central Universities Act, 2009: Special Provision for Jammu and Kashmir

Section 3A of the Central Universities Act, 2009 contains the special statutory arrangement for the Central University of Kashmir and the Central University of Jammu. It identifies their territorial jurisdictions and provides for the transfer of assets, liabilities, actions and legal proceedings relating to the Jammu Division.

What Section 3A provides

In practical terms, Section 3A separates the statutory territorial jurisdiction of the two Central Universities operating in Jammu and Kashmir:

Current text of Section 3A

Explanation of Section 3A

Sub-section (1): Central University of Kashmir

Sub-section (1) provides that the Central University of Jammu and Kashmir established under Section 3(4) is to be known as the Central University of Kashmir. Its territorial jurisdiction is confined to the Kashmir Division of the Union territory of Jammu and Kashmir.

Sub-section (2): Central University of Jammu

Sub-section (2) establishes the Central University of Jammu as a body corporate and gives it territorial jurisdiction over the Jammu Division of the Union territory of Jammu and Kashmir.

Sub-section (3): Transfer of assets and liabilities

This provision transfers the assets and liabilities of the former Central University of Jammu and Kashmir, insofar as they relate to the Jammu Division, to the Central University of Jammu.

Sub-section (4): Continuity of prior acts and actions

Sub-section (4) preserves administrative and other actions already taken in relation to the Jammu Division by deeming those acts or actions to have been done or taken by the Central University of Jammu.

Sub-section (5): Continuity of legal proceedings

This provision ensures that suits and legal proceedings concerning the Jammu Division do not fail merely because of the statutory reorganisation. Such proceedings are treated as having been instituted or continued by or against the Central University of Jammu.

Legislative history

Section 3A was inserted by the Central Universities (Amendment) Act, 2009 (Act 38 of 2009), with effect from 20 October 2009. The Central Universities Act, 2009 was later made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by Notification S.O. 3912(E) dated 30 October 2019.

The Central Universities (Amendment) Act, 2021 (Act 27 of 2021) amended Section 3A by substituting the words "Union territory of Jammu and Kashmir" for "State of Jammu and Kashmir". India Code records this substitution as effective from 6 July 2022.

Related provisions

• Central Universities Act, 2009 - overview
• Section 2 - Definitions
• Section 3 - Establishment of Universities
• Section 3B - Special provision with respect to Bihar
• Section 4 - Effect of establishment of Universities
• Section 5 - Objects of University

Official legal sources

For authoritative statutory text and amendment history, refer to the official Government of India sources below:

• India Code - Central Universities Act, 2009
• India Code - Central Universities (Amendment) Act, 2021