Central Universities Act, 2009
Section 4 - Effect of Establishment of Universities
Section 4 of the Central Universities Act, 2009 sets out the legal consequences that followed when Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University came within the framework of the Central Universities Act, 2009.
In simple terms: Section 4 preserves institutional continuity. It transfers existing property, rights, liabilities, employees and affiliations to the corresponding universities established under the Central Universities Act, 2009, while also making transitional arrangements for Vice-Chancellors.
Meaning and scope of Section 4
The expression "effect of establishment of Universities" refers to the legal transition from the pre-existing university framework to the universities governed by the Central Universities Act, 2009. The provision ensures that contracts, property, obligations, employment conditions and institutional affiliations continue without unnecessary disruption merely because the statutory framework changed.
Section 4 of the Central Universities Act, 2009 - Statutory text
On and from the date of commencement of this Act,--
(a) any reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any contract or other instrument shall be deemed as a reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;
(b) all properties, movable and immovable, of or belonging to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall vest in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act;
(c) all rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be transferred to, and be the rights and liabilities of, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;
(d) every person employed by Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, immediately before the commencement of this Act shall hold his office or service in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the University, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:
Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes:
Provided also that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Vice-Chancellor and the Pro-Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act.
(e) the Vice-Chancellors of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and the Vice-Chancellor of Hemvati Nandan Bahuguna Garhwal University, appointed under the provisions of the Uttar Pradesh State Universities Act, 1973 (President's Act 10 of 1973), shall be deemed to have been appointed as the Vice-Chancellor under this Act and shall hold office for a period of three months or till such time the first Vice-Chancellor is appointed under section 44 of the Act, whichever is earlier.
(f) all colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act.
Clause-wise explanation of Section 4
Clause (a) - Existing contractual references continue
References to the three universities in contracts and other instruments are treated as references to the universities established under the Central Universities Act, 2009. This avoids the need to execute replacement instruments merely because of the statutory transition.
Clause (b) - Transfer of property
Movable and immovable property belonging to each existing university vests in the corresponding university established under the Act.
Clause (c) - Transfer of rights and liabilities
Existing legal rights and obligations pass to the corresponding university. The provision therefore preserves continuity of claims, debts, obligations and other legal relationships.
Clause (d) - Protection of employees and service conditions
Employees continue in service on the same tenure, remuneration and conditions, including pension, leave, gratuity and provident fund rights, unless their employment is lawfully terminated or the applicable Statutes duly alter those terms. The provisos also deal with compensation where changed terms are unacceptable and with deemed contractual appointments pending execution of contracts under section 33.
Clause (e) - Transitional arrangement for Vice-Chancellors
The provision deems the serving Vice-Chancellors named in the clause to have been appointed under the Central Universities Act, 2009 for the specified transitional period, ending earlier if the first Vice-Chancellor is appointed under section 44.
Clause (f) - Continuity of affiliations and institutional privileges
Colleges, institutions, schools, faculties and departments already affiliated to, admitted to the privileges of, or maintained by the three universities continue under the corresponding universities established by the Act.
Amendment note
Clause (e) carries an amendment note arising from the Central Universities (Amendment) Act, 2022 (Act 17 of 2022). The relevant substitution took effect from 6 December 2022.
The consolidated India Code text should be consulted for the current authoritative wording and amendment history.
Official legal resources
India Code: Central legislation database maintained by the Government of India.
Ministry of Education: Official Ministry of Education portal.
This page is intended as an accessible legal reference. For litigation, compliance or formal interpretation, verify the latest official text, notifications, rules, Statutes and applicable judicial decisions.