Section 45 of the Central Universities Act, 2009
Amendment of Madhya Pradesh Act 22 of 1973: Section 45 removes the entries relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya from the Second Schedule to the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, while preserving specified earlier acts and regulating pending teacher-selection proceedings.
What Section 45 provides
Section 45 operates in two stages. First, it amends the State university legislation by omitting the entries for the two named universities from the Second Schedule to the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973). Second, it contains savings provisions so that specified appointments, orders, academic awards, privileges and other acts already completed under the State Act do not lose legal continuity merely because of that omission.
The section also deals specifically with selection proceedings for appointment or promotion of teachers that had begun before commencement of the Central Universities Act, 2009. Such earlier Selection Committee proceedings and relevant Executive Council actions are treated as valid, subject to continuation under the Central Act from the stage already reached, unless the concerned authorities decide otherwise with the approval of the Visitor.
Text of Section 45 - Amendment of Madhya Pradesh Act 22 of 1973
45. Amendment of Madhya Pradesh Act 22 of 1973.
(1) In the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second Schedule, the entries relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya shall be omitted.
(2) Notwithstanding such omission,--
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and
(b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.
Meaning and effect of the savings clause
1. Existing acts continue
Sub-section (2)(a) prevents disruption to completed university administration and academic matters. The listed acts done under the Madhya Pradesh law are deemed to have been done under the corresponding provisions of the Central Universities Act, 2009 and ordinarily continue until superseded in accordance with the Central Act or its Statutes.
2. Pending teacher selections are protected
Sub-section (2)(b) validates pre-commencement Selection Committee proceedings and relevant Executive Council actions even though the Central Act modified the selection procedure. Where appointment orders had not yet been passed, further steps must ordinarily proceed under the Central Act from the stage at which the selection stood immediately before commencement.
3. Visitor-approved departure
The final part of clause (b) permits the concerned authorities to take a contrary decision, but only with the approval of the Visitor. This qualification is important when considering whether an earlier selection process should continue or be dealt with differently.
Related provisions
Section 45 should be read with the wider transitional scheme of the Act, particularly Section 44 - Transitional provisions, followed by Section 46 - Amendment of President's Act 10 of 1973 and Section 47 - Repeal and savings.
This page is a general legal-information resource. For an issue involving an appointment, selection proceeding, university statute or later order, the complete Act, applicable Statutes, amendments and relevant judicial decisions should be checked.