Section 43 of the Central Universities Act, 2009
Statutes, Ordinances and Regulations to be published in the Official Gazette and laid before Parliament
Section 43 lays down the publication and parliamentary-control requirements for subordinate university legislation made under the Central Universities Act, 2009. In practical terms, it requires Statutes, Ordinances and Regulations made under the Act to be published in the Official Gazette and placed before both Houses of Parliament. It also permits limited retrospective operation, subject to an important safeguard against prejudice to affected persons.
Text and meaning of Section 43
Section 43(1) - Publication in the Official Gazette
Every Statute, Ordinance or Regulation made under the Act is required to be published in the Official Gazette. Gazette publication provides an official public record of subordinate legislation made under the Act.
Section 43(2) - Laying before Parliament
After it is made, every Statute, Ordinance or Regulation must be laid before each House of Parliament while Parliament is in session for a total period of thirty days. The thirty-day period may fall within one session or across two or more successive sessions.
If both Houses agree to modify the instrument, it thereafter operates only in the modified form. If both Houses agree that it should not have been made, it thereafter ceases to have effect. A later modification or annulment does not invalidate anything validly done under the instrument before that parliamentary action.
Section 43(3) - Retrospective effect and its limit
The statutory power to make Statutes, Ordinances or Regulations includes power to give them retrospective effect, but not from a date earlier than the commencement of the Central Universities Act, 2009. More importantly, retrospective operation cannot be used so as to prejudicially affect the interests of a person to whom the instrument applies.
Key legal points
- Mandatory publication: Statutes, Ordinances and Regulations made under the Act are to be published in the Official Gazette.
- Parliamentary oversight: Each instrument is subject to laying before both Houses for the statutory thirty-day period.
- Power of modification or annulment: Both Houses may agree to modify the instrument or agree that it should not have been made.
- Past actions protected: Parliamentary modification or annulment does not prejudice the validity of things previously done under the instrument.
- Retrospectivity is limited: It cannot pre-date commencement of the Act and cannot prejudicially affect an applicable person's interests.
Definitions relevant to Section 43
For reading Section 43, Section 2 of the Act is relevant. It defines "Regulations" as Regulations made by any authority of the University under the Act for the time being in force, and states that "Statutes" and "Ordinances" mean the Statutes and Ordinances of the University for the time being in force.
Why Section 43 matters
The provision combines public notification with parliamentary scrutiny. It therefore forms part of the statutory framework governing how rules of university administration made under the Act enter the public domain and remain subject to legislative oversight. The express restriction in sub-section (3) is particularly significant where a university instrument is proposed to operate retrospectively.
Official source
For the authoritative and updated text, refer to the Central Universities Act, 2009 on India Code. The Act received Presidential assent on 20 March 2009 and is Act No. 25 of 2009.
Note: This page is an informational explanation of Section 43. For a legal issue involving a particular Statute, Ordinance or Regulation, the relevant Gazette notification and subsequent amendments should also be checked.