Section 38 in The Right of Children to Free and Compulsory Education Act, 2009
Title: Power of appropriate Government to make rules
(1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
(a) the manner of giving special training and the time-limit thereof, under first proviso to section 4;
(b) the area or limits for establishment of a neighborhood school, under section 6;
(c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;
(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;
(e) any other document for determining the age of child under sub-section (1) of section 14;
(f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15;
1[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]
(g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;
(h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;
(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;
(j) the Other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;
(k) the manner of preparing School Development Plan under sub-section (1) of section 22;
(l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;
(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;
(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;
(o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;
(p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31;
(q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;
(r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34.
(3) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
(4) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures.
1. Ins. by Act 1 of 2019, s. 2 (w.e.f. 1-3-2019).
Title: Power of Central Government to remove difficulties
1[39. Power of Central Government to remove difficulties.-- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012 (30 of 2012).
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
1 Ins. by Act 30 of 2012, s. 8 (w.e.f. 1-8-2012).
Title: Short title and commencement.
(1) This Act may be called the Central Universities Act, 2009.
(2) It shall be deemed to have come into force on the 15th day of January, 2009.
In this Act, and in all Statutes made hereunder, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
(c) "Board of Studies" means the Board of Studies of a Department of the University;
(d) "College" means a college maintained by the University;
(e) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(f) "Court" means the Court of the University;
(g) "Department" means a Department of Studies and includes a Centre of Studies;
(h) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;
(i) "employee" means any person appointed by the University and include teachers and other staff of the University;
(j) "Executive Council" means the Executive Council of the University;
(k) "Hall" means a unit of residence or of corporate life for the student of the University, or of a College or an Institution, maintained by the University;
(l) "Institution" means an academic institution, not being a College, maintained by the University;
(m) "Principal" means the Head of a College or an Institution maintained by the University and includes, where there is no principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice- Principal duly appointed as such;
(n) "Regulations" means the Regulations made by any authority of the University under this Act for the time being in force;
(o) "School" means a School of Studies of the University;
(p) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of the University for the time being in force;
(q) "teachers of the University" means Professors, Associate Professors, Assistant Professors and such other persons as may by appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; and
(r) "University" means a University established and incorporated as a University under this Act.
Title: Establishment of Universities
(1)The Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalaya in the State of Madhya Pradesh, established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand, established under the Uttar Pradesh State Universities Act,1973 (Presidents Act 10 of 1973), shall be established as bodies corporate under this Act by the same names of "Guru Ghasidas Vishwavidyalaya", "Doctor Harisingh Gour Vishwavidyalaya" and "Hemvati Nandan Bahuguna Garhwal University", respectively.
(2) The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be at Bilaspur, Sagar and Srinagar, respectively.
(3) The jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar, Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of Uttarakhand, respectively.
(4) There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, as specified in the First Schedule to this Act.
(5) The headquarters of each of the University, referred in sub-section (4), shall be such as may be specified by the Central Government by notification in the Official Gazette.
(6) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council of each University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University.
(7) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.