The present piece of Central Government’s legislation was passed by the Indian Parliament with the name and short title as ‘the Central Universities (Amendment) Act, 2009’ (Act no. 38 of 2009). The present enactment is one making amending provisions as such it can be called as ‘Amending Act’. The basic aim and object of the present enactment is to amend the provisions of Original Act i.e. ‘The Central Universities Act, 2009’. The Amending Act has received assent of President of India on 22nd December, 2009 and the provisions this Amending Act were brought into force on 20th day of October, 2009. The Original Act was also enacted in the same year by the Parliament of India and that was assented by the President of India on 20th of March, 2009 and the purpose of that enactment was for making provisions for establishment and incorporation of Universities such as, in the State of Chhattisgarh, the Guru Ghasidas Vishwavidyalaya, in the State of Madhya Pradesh, the Doctor Harisingh Gour Vishwavidyalaya and in the State of Uttarakhand, the Hemvati Nandan Bahuguna University for teaching and research in those states.
The present Amending Act being the first Amending legislation which amends the provisions of the said Original Act is at its first instance sought adding of a new provision to that Act, as section 3A, after the original provision of section 3 of that Act. The original provision of section 3 speaks of establishment of Universities in the States concerned and also in the States mentioned in the First Schedule annexed with that Act. The said section 3A makes special provisions in relation to the State of Jammu and Kashmir by providing that the university so established by virtue provisions of that Original Act, as contained in the 5th entry to the First Schedule annexed to that Act, to be known as ‘Central University of Kashmir’ and its jurisdiction will be limited to the State of Jammu and Kashmir’s, Kashmir division only. However, for the Jammu division of that State of Jammu and Kashmir, the provision sought to establish a different University with the name and short title as ‘Central University of Jammu’. Such Universities will be corporate bodies. It is also made clear that all the assets and liabilities of the earlier Central University of Jammu and Kashmir, in relation to the Jammu divisions of that State are required to be transferred in favour of that University of Jammu, so constituted by virtue of this Act. Also whatever done by that earlier University of Jammu and Kashmir, in relation to that Jammu division will also be treated as has been done by the University of Jammu. And same rule will be applicable in relation to the suits and legal proceedings pending in under that earlier university also.
Similarly, due to such amendment, the present Amending Act also sought to amend, consequently, to the First Schedule annexed to that Original Act. It is required that the serial number five (5) and contents thereof, of that Schedule to be taken off and in that place new entries of serial number 5 and 5A are put in the list. Earlier the entry of serial number 5 was dealing with the State of Jammu and Kashmir and establishment of ‘Central University of Jammu and Kashmir for the entire State of Jammu and Kashmir. However, by this present amendment, the newly added 5th serial number in that First Schedule annexed with that Original Act, provides for establishment of ‘Central University of Kashmir’ for the State of Jammu and Kashmir’s division of Kashmir and another entry of new serial number 5A in that schedule, provides for establishment of ‘Central University of Jammu for the State of Jammu and Kashmir’s division of Jammu.
Lastly, the Amending Act, sought repealing of the Central Universities (Amendment) Ordinance, 2009 and whatever done in furtherance of that Ordinance, sought to be treated as have been done the provisions of the Original Act of 2009 as after this amendments have been done to that Act.
As such the Amending Act, in other words, provides for setting up of two separate Central Universities for one State of Jammu and Kashmir for its two divisions being ‘Kashmir’ and ‘Jammu’ division. It was earlier to such amendment, there was seen an upsurge of sentiments for Central University’s location in Kashmir Valley and considering the equally pressing demand for establishment of a Central University in Jammu division also there were sought these amendments in the Original enactment.
Recently, also by the Central University (Amendment) Act, 2014 (Act no. 35 of 2014) the provisions of the Original Act were amended to the extent that to establish new Central University for the South Bihar, with the name and title as ‘ the Central University of South Bihar’ by inserting another new provision after section 3 of the Original Act, as section 3B.
Download & Read the Bare Act: The Central Universities (Amendment) Act, 2009-pdf