Section 46 of the Central Universities Act, 2009
Amendment of President's Act 10 of 1973. Section 46 modifies specified provisions of the Uttar Pradesh State Universities Act, 1973 in consequence of the Central Universities Act, 2009 and preserves specified acts and pending selection proceedings.
What Section 46 provides
Sub-section (1) removes or substitutes references relating to Hemvati Nandan Bahuguna Garhwal University in the Uttar Pradesh State Universities Act, 1973. Sub-section (2) is a savings clause. It protects specified appointments, orders, academic awards, privileges and other acts already done, and it validates specified Selection Committee proceedings while requiring pending selections to continue under the Central Universities Act, 2009, subject to the stated exception.
Section 46 - statutory text
(1) In the Uttar Pradesh State Universities Act, 1973,--
(a) in sub-section (1) of section 4, the words, figures and brackets "and a University of Garhwal which shall from April 25, 1989 be called the Hemvati Nandan Bahuguna Garhwal University at Srinagar (District Garhwal)" shall be omitted;
(b) in clause (d) of sub-section (1) of section 20, the words "the Hemvati Nandan Bahuguna Garhwal University" shall be omitted;
(c) in sub-section (2) of section 52, for the words "the Universities of Kumaun and Garhwal" the words "the University of Kumaun" shall be substituted;
(d) section 72B shall be omitted;
(e) in the Schedule, Serial No. 8 and the entries relating thereto shall be omitted.
(2) Notwithstanding the omission and substitution referred to in sub-section (1),--
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Uttar Pradesh State Universities Act, 1973 (President's Act 10 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of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by an order made under this Act or the Statutes; and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
The words "Notwithstanding the omission and substitution" ensure that the consequential changes in sub-section (1) do not, by themselves, invalidate the categories of earlier acts expressly protected by sub-section (2). Existing appointments, orders, degrees, diplomas, certificates and privileges covered by clause (a) are carried forward under the corresponding provisions of the 2009 Act unless superseded in accordance with that Act or its Statutes.
Pending teacher selections
Clause (b) addresses Selection Committee proceedings for appointment or promotion of teachers that occurred before commencement of the 2009 Act where appointment orders had not yet been passed. Those proceedings are treated as valid. Further steps ordinarily continue under the 2009 Act from the stage already reached, unless the concerned authorities, with the Visitor's approval, decide otherwise.
Official legal source
For authoritative verification, consult the current text of the Central Universities Act, 2009 on India Code. The official text should prevail if there is any difference in reproduction or subsequent amendment.