Section 42 of the Central Universities Act, 2009: Power to Remove Difficulties
Section 42 authorises the Central Government, within a limited period, to address practical difficulties arising while giving effect to the Central Universities Act, 2009. The power is expressly controlled by the Act itself and by parliamentary scrutiny.
What does Section 42 mean?
The expression "power to remove difficulties" is an implementation power. Under Section 42(1), if a difficulty arises in giving effect to the Act, the Central Government may issue an order in the Official Gazette containing provisions considered necessary or expedient to remove that difficulty. Any such provision must remain consistent with the Central Universities Act, 2009.
Section 42 - statutory text
42. Power to remove difficulties. -
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
Key requirements of Section 42
- A genuine implementation difficulty: the power is connected with a difficulty in giving effect to the provisions of the Act.
- Central Government order: the statutory power is vested in the Central Government.
- Official Gazette publication: an order made under Section 42(1) must be published in the Official Gazette.
- Consistency with the Act: the order cannot contain provisions inconsistent with the Central Universities Act, 2009.
- Three-year statutory limit: the proviso prohibited making an order after three years from commencement of the Act.
- Parliamentary control: every order must be laid before both Houses of Parliament for the statutory period of thirty days, subject to the modification or annulment mechanism in sub-section (2).
Effect of parliamentary modification or annulment
Under Section 42(2), both Houses may agree to modify an order or agree that it should not have been made. The order then operates only in its modified form or ceases to have effect, as applicable. The section also protects the validity of action already taken under the order before such modification or annulment.
Relationship with the Central Universities Act, 2009
The Central Universities Act, 2009 is Act No. 25 of 2009. It provides for the establishment and incorporation of Central Universities for teaching and research and for connected or incidental matters. Section 42 is an ancillary implementation provision; it does not confer an unrestricted power to alter the substantive scheme of the Act.
Related provisions
For surrounding provisions, see Section 41 - Mode of proof of University record and Section 43 - Statutes, Ordinances and Regulations to be published in the Official Gazette and laid before Parliament.
Legal text checked against the official India Code version of the Central Universities Act, 2009. Page updated: 15 September 2026.