This blog is written by Shivani Sehrawat, a second year law student at Faculty of Law, University of Delhi.
INTRODUCTION
The Central Universities (Amendment) Act, 2022 is an Act of the Parliament of India which seeks to convert the National Rail and Transportation Institute into a Central University along with changes in its name, administration and functioning altogether.
LEGISLATIVE HISTORY
The Central Universities (Amendment) Act, 2022 was introduced in the Lok Sabha on August 01, 2022 by Dharmendra Pradhan, Union Minister of Education as the Central Universities (Amendment) Bill, 2022 with the purpose of amending the Central Universities Act, 2009. The Bill was passed by both the Houses of Parliament on August 03, 2022 and August 08, 2022 respectively. Thereafter, the Bill received the Presidential assent on August 16, 2022.
NEED AND OBJECTS OF THE AMENDMENT ACT
According to the “Statement of Object and Reasons” as presented by the government in the Lok Sabha, there is a need for a Central University to address demand for trained talent to fuel the growth and expansion of the strategically important and expanding sector of transportation.
The proposed University would be crucial in achieving certain desired objectives of the time for instance
- It would reverse brain drain and create critical capability and capacity by developing masters and doctoral degrees in transportation.
- It would go a long way in making the nation self-reliant in the transportation sector through its programs for skilling and digitizing India.
- It would carry out critically-needed research and development by creating innovative technologies to encourage local manufacturing and substitute the imports of expensive technology, equipment and products.
- Also, it would take additional measures for providing high quality teaching, research and skill development in diverse disciplines related to transportation, technology and management including establishing centers in India and abroad.
Thus, the scope of the proposed University is not limited to the Railway sector or the Indian territory rather it is extended beyond the railways to cover the entire transport sector to support the ambitious growth and modernisation of the sector while working outside the Country as well.
THE CENTRAL UNIVERSITIES ACT, 2009
The Central Universities Act, 2009 was enacted by the Parliament to establish and incorporate universities for teaching and research in the various States and to provide for matters connected therewith or incidental thereto. Since then, there have been numerous public universities either founded or converted under this Act which regulates their purpose, powers, governance, administration etc while providing all kinds of assistance and support from the government.
The Universities established under the Act are recognized by the University Grant Commission and work under the purview of their respective ministries.
The Act has been amended various times to add universities under its ambit for achieving the objectives of providing qualitative education to the people of India while also moving towards a progressive country.
THE CENTRAL UNIVERSITIES (AMENDMENT) ACT, 2022
The Central Universities (Amendment) Act, 2022 converts the “National Rail and Transportation Institute” Vadodara, Gujarat, a deemed to be University into an autonomous Central University with the name “Gati Shakti Vishwavidyalaya” under the administrative control of the Ministry of Railways by the insertion of Section 3F in the Act.
The Amendment Act of 2022 makes the following changes in its administration and powers –
TERRITORIAL JURISDICTION
Section 3F sub-section (2) remarks that the University would have territorial jurisdiction across India.
FINANCIAL ASSISTANCE
Section 3F sub-section (3) provides that the University shall be sponsored and funded by the Ministry of Railways in the Central Government.
RIGHTS AND LIABILITIES
- Section 4 Clause (g) certifies that a contract or instrument made with the National Rail and Transportation Institute, Vadodara, would be continued with the Gati Shakti Vishwavidyalaya.
- Section 4 Clause (h) confirms that all properties, movable and immovable, of or belonging to the National Rail and Transportation Institute, Vadodara, shall vest in Gati Shakti Vishwavidyalaya.
- Section 4 Clause (i) ensures that all rights and liabilities of the National Rail and Transportation Institute, Vadodara, shall be transferred to, and be the rights and liabilities of Gati Shakti Vishwavidyalaya.
CONDITIONS OF EMPLOYMENT
Section 4 Clause (j) secures that every person employed by the National Rail and Transportation Institute, Vadodara, immediately before the commencement of the Central Universities (Amendment) Act, 2022 shall hold his office or service in Gati Shakti Vishwavidyalaya established under this Act with the
- same tenure,
- at the same remuneration,
- upon the same terms and conditions, and
- with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he was having previously and, shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes.
Also, if the alteration so made is not acceptable to an employee, then, his employment may be terminated by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the University, of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees.
VICE-CHANCELLOR
Section 4 Clause (l) provides that the incumbent Vice-Chancellor of the National Rail and Transportation Institute, Vadodara, shall hold office for a period of six months from the date of coming into force of the Amendment Act or till such time the first Vice-Chancellor of Gati Shakti Vishwavidyalaya is appointed under section 44 of the Act.
OBJECT OF THE UNIVERSITY
The newly inserted second proviso to Section 5 of the Act mentions that the object of the University would be to take additional measures for providing high quality teaching, research and skill development in diverse disciplines related to transportation, technology and management including establishing centers in India and abroad.
CONCLUDING REMARKS
The Central Universities (Amendment) Act, 2022 is a crucial headway not just in the education sector of the country but also in the transportation arena as well. The newly incorporated Central University would be working as a public and autonomous entity with the capacity of providing standard education in the fields of transportation, technology and management, which are the emerging field of advancement and development. Moreover, there was a lack of infrastructure in these areas of interest in the country, however, with the Amendment Act, a new pace of opportunities would be made easily accessible to people across the spectrum. Consequently, the working sectors would also receive a lot of trained talent and beneficial methods from the change leading to rapid development of the nation.
Henceforth, the Central Universities (Amendment) Act, 2022 is a seminal instance for the entire country with the ability of achieving the desired objectives not only of the people but also of the Constitution of India. As, standard education from an esteemed University with a convenient fee and bundle of opportunities would be a blessing to the students throughout the Country.
