Section 44 of the Central Universities Act, 2009: Transitional Provisions
Section 44 provides the temporary framework for constituting the first key offices and authorities of a University under the Central Universities Act, 2009. It specifies who makes the initial appointments or nominations, the maximum or fixed terms of office, and how an intervening vacancy is filled.
Text of Section 44 - Transitional provisions
44. Transitional provisions.—Notwithstanding anything contained on this Act and the Statutes,—
(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the Visitor;
(b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first Court and the first Executive Council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years; and
(d) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Central Government and shall hold office for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment by the Visitor or nomination by the Central Government, as the case may be, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
What Section 44 means
The section is a transitional provision. Its purpose is to enable a newly established or converted Central University to begin functioning before its regular institutional arrangements under the Act and the Statutes are fully operational. The opening non-obstante language gives these first-time arrangements overriding effect for the limited transitional purpose addressed by the section.
Who is the Visitor?
Under Section 8(1) of the Central Universities Act, 2009, the President of India is the Visitor of the University. This is important for Section 44 because the Visitor appoints the first Chancellor, Vice-Chancellor, Registrar and Finance Officer and fills relevant vacancies by appointment. See the official Central Universities Act, 2009 on India Code.
Meaning of the principal University authorities
Section 2 of the Act defines the Academic Council as the Academic Council of the University, the Executive Council as the Executive Council of the University, and the Court as the Court of the University. The same definitions provision identifies the Chancellor and Vice-Chancellor by reference to those offices of the University. These definitions should be read with the provisions governing the respective authorities and officers elsewhere in the Act and the applicable Statutes.
Vacancies during the transitional term
The proviso to Section 44 prevents a fresh full term from arising merely because a transitional office or membership becomes vacant. The replacement is appointed by the Visitor or nominated by the Central Government, as applicable, and serves only the balance of the term that the predecessor would have served if the vacancy had not occurred.
Related provisions
For the wider statutory scheme, read Section 43 - publication of Statutes, Ordinances and Regulations, Section 45 - amendment of Madhya Pradesh Act 22 of 1973, and the Central Universities Act, 2009 index.
Note: This page is an explanatory legal-information article. For authoritative wording and amendments, refer to the current official text published on India Code.