The SIKKIM LAW UNIVERSITY ACT, 2018

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Thursday 22nd March, 2018 No. 122
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. OS/LD/18 Date: 22.03.2018
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the
assent of the Governor on 14th day of March, 2018 is hereby published for general information:-
THE SIKKIM NATIONAL LAW UNIVERSITY ACT, 2018
(ACT NO. 05 OF 2018)
AN
ACT
to provide for establishment of the Sikkim National Law University and to encourage the
establishment of a national level institution of excellence in the field of legal education and
research in the State for matters connected therewith and incidental thereto.
BE it enacted by the Legislative Assembly of Sikkim in the Sixty-ninth Year of the
Republic of India as follows:
CHAPTER·I
PRELIMINARY
Short title and
commencement
1. (1) This Act may be called the Sikkim National Law University
Act, 2018.
(2) It shall be deemed to have come into force on 1st day of July,
2019.
Definitions 2. In this Act, unless the. context otherwise requires,-
(a) "Academic Council" means the Academic Council of the
University;

-....
(b) "Bar Council" means the Bar Council of Sikkim constituted
under the Advocates Act, 1961 (25 of 1961);
(c) "Bar Council of India" means the Bar Council of India
constituted under the Advocates Act, 1961 (25 of 1961);
(d) "Chancellor" means the Chancellor of the University;
(e) "Chief Justice" means the Chief Justice of the High Court of
Sikkim and includes the Judge performing the duties of the
Chief Justice of the High Court of Sikkim in absence of the
Chief Justice;
(f) "Executive Council" means the Executive Council of the
University;
(g) "Finance Committee" means the Finance Committee of the
University;
(h) "Governing Council" means the Governing Council of the
University;
(i) "Government" means the Government of Sikkim;
(j) "prescribed" means prescribed by regulations or statutes made
under this Act;
(k) "Registrar" means the Registrar of the University;
(I) "regulating body" means a body established by the Central
Government for laying down norms and conditions for ensuring
academic standards of higher education, such as the
University Grants Commission, Bar Council of India, and
includes the Government;
(m) "statutes and regulations" means the "statutes" and
"regulations" respectively of the University made under this
Act;
(n) "student" means a person enrolled in the University for taking
a course of study for a degree, diploma or other academic
distinction instituted by the University, including a research
degree;
(0) "teacher" means a Professor, Associate Professor or Assistant
Professor or any other person required to impart education or to
guide research or to render guidance in any form to the
student for pursuing a course of study of the University;
(p) "University" means the Sikkim National Law University,
Gangtok established under section 3 of this Act; and
(q) "Vice-Chancellor" means the Vice-chancellor of the University.
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Establishment of
the University
Objects of the
University
CHAPTER-II
THE UNIVERSITY
3. (1) There shall be established, in the State of Sikkim, a University
by the name of the Sikkim National Law University, Gangtok.
(2) The University shall be a body corporate by the name of
"Sikkim National Law University, Gangtok" having perpetual
succession and a common seal, and may sue or be sued by
the said name and shall be competent to acquire, hold and
dispose of property, both movable and immovable and to
contract and to do all things necessary for the purposes of
this Act.
(3) The seat of the Sikkim National Law University shall be at
Gangtok (East Sikkim).
4. The objects of the University shall be,-
(a) to evolve and impart comprehensive legal education including
distant and continuing legal education at all levels to achieve
excellence;
(b) to organize advanced studies and promote research in all
branches of law;
(c) to disseminate legal knowledge and legal processes and their
role in national development by organizing lectures, seminars,
symposia, workshops and conferences;
(d) to promote cultural, legal and ethical values with a view to
promote and foster the rule of law and the objectives
enshrined in the Constitution of India;
(e) to improve the ability to analyze and present for the benefit of
the public contemporary issues of public concern and their
legal implications;
(f) to liaise with institutions of higher learning and research in
India and abroad;
(g) to publish periodicals, treatises, study books, reports, journals,
magazines and other literature on all subjects relating to law;
(h) to hold examinations and confer degrees, titles, diplomas,
certificates and other academic distinctions;
(i) to promote legal awareness in the community for achieving
social and economic justice;
(j) to undertake study and training projects relating to law,
legislation and judicial institutions; and
(k) to do all such things as are incidental, necessary or
conducive to the attainment of all or any of the objectives of
the University.
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Powers and
functions of the
University
5. The powers and functions of the University shall be,-
(a) to administer and manage the University and such centers for
study, research, education and instructions as are necessary
in furtherance of the objects of the University;
(b) to provide for instructions in all branches of knowledge or
learning pertaining to law and allied subjects as the University
may deem fit;
(c) to make provisions for research and for the advancement and
dissemination of knowledge of law including through distance
learning continuing education programmes;
(d) to institute degrees, titles, diplomas, certificates and other
distinctions;
(e) to hold examinations and to confer degrees, titles, diplomas,
certificates and other academic distinctions on persons subject
to such conditions as the University may determine and to
withdraw any such degrees, titles, diplomas, certificates and
other academic distinctions subject to such conditions as the
University may determine;
(f) to fix demand and receive fees and other charges as may be
prescribed after due intimation to the Government;
(g) to institute and maintain halls and hostels and to recognize
places of residence for the students of the University and to
withdraw such recognition accorded to any such place of
residence;
(h) to establish special centers, specialized study centers or other
units for research and instructions as are, in the opinion of
the University, necessary in furtherance of its objects;
(i) to supervise and control the residence and to renulate the
discipline of the students and staff of the University and to
make arrangements for promoting their health and general
welfare;
(j) to make such arrangements in respect of residence, discipline
and teaching of students;
(k) to create academic, technical, administrative, ministerial and
other posts and to make appointments thereto;
(I) to regulate and enforce discipline among the employees of the
University and to take such disciplinary measures as may be
deemednecessary;
(m) to institute professorships, associate professorships, assistant
professorships, readerships, lectureships and any other
teaching, academic or research posts required by the
University;
(n) to appoint persons as Professors, Associate Professors,
Assistant Professors, teaching assistantsandvisitingfaculty
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or otherwise as teachers and researchers of the University
andotherclassesof employees;
(0) to institute and award fellowships, scholarships, prizes and
medals;
(p) to provide for printing, reproduction and publication of research
and other works and to organize exhibitions;
(q) to sponsor and undertake research in all aspects of law,
justice and social development;
(r) to co-operate with any other organizations in the matter of
education, training and research in law, justice, social
development and allied subjects for such purposes as may
be agreed on such terms and conditions as the University
may from time to time determine;
(s) to co-operate with institutions of higher learning in any part of
the world having objects wholly or otherwise similar to those
of the University by exchange of teachers and scholars and
generally in such manner as may be conducive to the
common objects;
(t) to regulate the expenditure and to manage accounts of the
University;
(u) to establish and maintain within the premises of the University
such schools, colleges and study halls as the University may
consider necessary and adequately furnish the same;
(v) to establish and maintain such libraries and reading rooms as
may appear convenient or necessary for the University;
(w) to receive grants, subventions, subscriptions; donations and
gifts for the purpose of the University consistent with the
objects for which University is established;
(x) to purchase, take on lease, or accept as gifts, or otherwise,
any land or building or works, which may be necessary or
convenient for the purpose of the University and on such
terms and conditions as it may thinks fit and proper and to
construct or alter and maintain any such building or works;
(y) to sell, exchange, lease or otherwise dispose of all or any
portion of the properties of the University, movable or
immovable, on such terms and conditions as it may thinks fit
and proper without prejudice to the interests and activities of
the University with the prior concurrence of the Government;
(z) to draw and accept, to make and endorse, to discount and
negotiate with the Government of India and other promissory
notes, acts of exchanges, cheques or other negotiable
instruments;
(za) to execute conveyances, transfers, re-conveyances,
mortgages, leases, licenses and agreements in respect of
-5-

..-, -
property, movable or immovable including Government securities
belonging to the University or to be acquired for the purpose of
the University with the concurrence of the Government;
(zb) to appoint, in order to execute an instrument or transact any
business of the University, any person as it may deem fit.
(zc) to give up and cease from carrying on any classes or
departments of the University:
Provided that the Government shall be informed before
any such cessation and no such class or department shall be
closed without ensuring that all the admitted students have
completed their study in the class or department proposed to
be closed or without making an alternative arrangement for the
continuation of their study;
(zd) to enter into agreement with the Central Government,
Government, University Grants Commission or other authorities
for receiving grants;
(ze) to accept grant of money, security or property of any kind or
description on such terms and conditions as may deem
expedient;
(zf) to raise and borrow money on bonds, mortgages, promissory
notes or other obligations or securities founded or based upon
all or any of the properties and assets of the University or
without any securities and upon such terms and conditions as it
may thinks fit and to payout of the funds of the University, all
expenses incidental to the raising of money, and to repay and
redeem any money borrowed or debt made:
Provided that where the mortgage is to be created on the
land transferred to the University by the Government,
concurrence of the Government shall be taken before creation
of such mortgage;
(zg) to invest the funds of the University or moneys entrusted to
the University in or upon such securities or deposits and in
such manner as it may deem fit and from time to time
transpose any investments;
(zh) to make such statutes, regulations and other instruments as
may, from time to time, be considered necessary for regulating
the affairs and the management of the University and its
properties and to alter, modify and rescind them;
(zi) to constitute for the benefit of the academic, technical,
administrative and other staff, in such manner and subject to
such conditions as may be prescribed, pension, insurance,
provident fund and gratuity and other schemes as it may deem
fit and to make such grants as it may thinks fit for the benefit of
the staff of the University and to aid in the establishment and
support of associations, institutions, funds and trusts for the
benefitofthestaffandthestudentsoftheUniversity;
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Teaching in the
University
Visitor of the
University
Chancellor of the
University
(zj) to confer honorary degrees and other distinctions in the
mannerlaiddowninthe regulations;
(zk) to delegate all or any of its powers to the Vice-Chancellor or
any committee or to anyone or more members of its body or
its officers in accordance with the Act or the regulations
framed there under; and
(zl) to do all such other acts and things as the University may
consider necessary, conducive or incidental to the attainment
or enlargement of the aforesaid objects or any of them.
6. (1) All teaching in connection with the degrees, titles, diplomas
and certificates of the University shall be conducted in
accordance with the syllabi prescribed by the regulations.
(2) The courses and curricula and the authorities responsible for
organizing the teaching of such courses and curricula shall be
as prescribed by the regulations.
7. (1) The Chief Justice of India or his nominee, who may be a
senior Judge of the Supreme Court, shall be the Visitor of the
University.
(2) The Visitor or his nominee, when present, shall preside over
the convocations of the University and the meetings of the
Governing Council.
8. (1) The Chief Justice shall be the Chancellor of the University.
(2) The Chancellor shall preside over the convocations and the
meetings of the Governing Council in absence of the Visitor.
(3) The Chancellor may cause an inspection to be made by such
person or persons as he may direct, of the University, its
buildings, libraries and equipments and of any institution
maintained by the University, and also of the examinations,
teaching and other work conducted or done by the University
and cause an inquiry to be made in the like manner in respect
of any matter connected with the administration and finances
of the University.
(4) The Chancellor may offer such advice to the University as he
may deem fit with reference to the result of such inspection or
inquiry.
(5) The Universityshallcommunicateto the Chancellorthe action
taken or pr~posed to be taken on such advice.
In case of ~ifferences among the authorities or officers of theI
University onany matter which cannot be otherwise resolved,
the decisiol of the Chancellor shall be final.
(7) The Chancs Ilor may invite a person or persons of eminence in
law and ledal educationist to advise the University in relation to
affairs of the University as and when he deems it necessary.
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(6)

Vice-Chancellor of
the University
Authorities of the
University
The Governing
Council and its
constitution
9. (1) There shall be a Vice-Chancellor of the University who shall
be appointed in the manner as provided under section 31.
(2) The term of the Vice-Chancellor shall be for a period of five
years or till he attains the age of sixty-five years, whichever is
earlier.
CHAPTER-III
AUTHORITIES OF THE UNIVERSITY
10. The following shall be the authorities of the University:-
(a) the Governing Council;
(b) the Executive Council;
(c) the Academic Council;
(d) the Finance Committee; and
(e) such other authorities as may be declared by the University
by regulation to be the authorities of the University.
11. The Governing Council shall be the supreme authority of the
University and shall have the following constitution:-
(a) the Vice-Chancellor;
(b) the Minister for Finance, State of Sikkim;
(c) the Minister In charge of Department of Human Resource
Development State of Sikkim;
(d) the Minister In charge of Department of Law, State of
Sikkim;
(e) one Judge of the High Court of Sikkim nominated by the
Chancellor;
(f) Secretary In charge of Human Resource Development
Department;
(g) the Advocate General, State of Sikkim;
(h) the Chairperson of the University Grants Commission or his
nominee from among the members of the University Grants
Commission;
(i) the Chairman, Bar Council of India or his nominee;
(j) the Chairman, Bar Council of Sikkim;
(k) Chairman, Sikkim State Law Commission;
(I) two members of the Executive Council as are not otherwise
members of the Governing Council;
(m) an eminent scholar in the field of Humanities, Social Sciences
or Law, nominated by the Chancellor;
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Term of office of
members of the
Governing Council
Powers of the
Governing Council
(n) two distinguished persons, to be nominated by the Chancellor;
and
(0) two Vice-Chancellors of other Universities established by law
in the State of Sikkim, by rotation, to be nominated by the
Chancellor:
Provided that an employee of the University shall not be
eligible for nomination under the foregoing clauses:
Provided further, that if Minister-in-charge of the
Departments of Finance, Human Resource Development; or
Law is the Chief Minister of the S~2\t.3, any Minister (s)
nominated by him shall be the member (s).
(p) The Chancellor shall be the Chairman of the Governing
Council.
12. (1) The term of office of members of the Governing Council shall
be five years.-
(2) When a person becomes member of the Governing Council by
virtue of his office, he shall cease to be such member if he
ceases to hold that office.
(3) When a person is nominated as a member of the Governing
Council, he shall cease to be such member if his nomination
as such is withdrawn by the nominating body or person, as
the case maybe.
(4) A member of the Governing Council shall cease to be a
member, if he,-
(a) tenders his resignation and such resignation is accepted; or
(b) becomes of unsound mind and stands so declared by a
competent court; or becomes undischaryed insolvent; or has
been convicted of an offence involving moral turpitude; or
(c) has accepted a full time appointment to the post in the
University other than the post of Vice-Chancellor.
(5) A member of the Governing Council may, by writing, addressed
to the Chancellor, resign from his office and such resignation
shall take effect on the date it is accepted by the Chancellor.
(6) Any vacancy in the Governing Council shall be filled in by
nomination of a person by the relevant nominating authority
and the person so nominated shall hold office for so long as
the member in whose place he is nominated would have held
office had the vacancy not occurred.
13. The Governing Council shall have the following Powers, namely:--
(a) to formulate and review the broad policies and programmes of
the University and suggest measures for the development of
the University and devise measures for the improvement and
development of the University;
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Meetings of the
Governing Council
(b) to direct the Executive Council to take such steps as are
necessary for achieving the objects of the University;
(c) to consider and pass resolution on the annual report, financial
estimates and audit reports on the accounts of the University;
(d) to make recommendations to the Chancellor for the appointment
of Vice-Chancellor out of the panel recommended by the
Selection Committee; and
(e) to make statutes concerning the administration of the affairs of
the University including prescribing the procedure to be
followed by the authorities and the office bearers of the
University in the discharge of the functions.
14. (1) The Governing Council shall meet at least once in a year. The
annual meeting of the Governing Council shall be held on a
date fixed by the Executive Council unless some other date
has heen fixed by the Governing Council in respect of a year.
(2) Tho Visitor, if present, and in his absence Chancellor shall
preside over the meeting of the Governing Council and in the
absence of the Chancellor, the Vice-Chancellor shall preside
over the meeting.
(3) The Vice-Chancellor shall cause to be laid before the meeting
of the Governing Council, a report of the working of the
previous year of the University, the annual statement of
accounts together with the report of auditors thereon and the
budget estimates and the income and expenditure for the next
financial year.
(4) The meeting of the Governing Council may be called by the
Chancellor, either of his own or at the request of not less than
ten members of the Governing Council.
(5) For every meeting of the Governing Council fifteen days notice
shall be given.
One-half of the members on the rolls of the Governing Council
shall form the quorum.
Elich member shall have one vote and if there be equal votes
on any question, then presiding person shall have the casting
vote.
In case of difference of opinion among members, the opinion
of the majority shall prevail.
If any urgent action is required, the Chancellor may, with the
approval of the majority of the members of the Governing
Council. permit the business to be transacted by circulation
among the members of the Governing Council. The action so
proposed shall not be taken unless agreed by the majority of
members of the Governing Council. The action so taken shall
forthwithbeintimated to all members of the Governing Council.
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(6)
(7)
(8)
(9)

Executive Council
Constitution of the
Executive Council
In case authority concerned fails to take decision the matter
shall be referred to the Chancellor whose decision shall be
final.
(10) The report of the action so taken shall be placed before the
next meeting of the Governing Council.
15. (1) The Executive Council shall be the chief executive body of the
University.
(2) The powers of administration and management of the fund and
property of the University shall vest in the Executive Council.
16. The Executive Council shall consist of the following members,
namely:-
(a) the Vice-Chancellor of the University;
(b) a member of the Governing Council, nominated by the
Chancellor;
(c) the Chief Secretary to the Government or an officer not below
the rank of the Secretary to the Government, to be nominated
by him;
(d) Secretary Department of Finance to the Government;
(e) Secretary In charge of Human Resource Development (Higher
Education) to the Government;
(f) Secretary In charge of Department of Law to the Government;
(g) Secretary In charge of Department of Home to the
Government;
(h) three Professors of Law outside the University, to be
nominated by the Chancellor;
(i) Chairman, Bar Council of Sikkim or his nominee;
U) a member of the Governing Council, who is an educationist, to
be nominated by the Chancellor; and
(k) two teachers of whom one shall be Professor and one shall
be Associate Professor of the University, to be nominated by
the Vice-Chancellor, by rotation.
Term of office of the 17. (1)
members of the
The term of office of members of the Executive Council shall
Executive Council
be three years.
(2) When a person becomes a member of the Executive Council
by reason of office or appointment he holds, his membership
shall stand terminated when he ceases to hold such office or
appointment.
(3) When a person is nominated as a member of the Executive
Council, he shall cease to be such member if his nomination
of such membership is withdrawn by the nominating body or
person, as the case maybe.
- II -

Powers and
functions of the
Executive Council
(4) A member of the Executive Council shall cease to be a
member if he,-
(i) tenders his resignation and such resignation is accepted;
or
(ii) becomes of unsound mind and stands so declared by a
competent Court; or
(iil) becomes undischarged insolvent; or
(iv) as been convicted of an offence involving moral turpitude;
or (other than the Vice-Chancellor or member of the
Faculty) has accepted a full time appointment in the
University.
(5) A member of the Executive Council may, by writing addressed
to the Chancellor, resign from his office, and such resignation
shall take effect on the date it is accepted by the Chancellor.
(6) Any vacancy in the Executive Council shall be filled in by
nornlnat.oo (If a person by the relevant authority entitled to
make tho «arne and the person so nominated shall hold office
so long as the member in whose place he is nominated would
have held office had the vacancy not occurred.
18. (1) The Executive Council shall be the chief executive authority of
the Univarslty and, as such, shall have all POWMS necessary
to administer the University subject to the provisions of this
Act and the statutes made there under; and may make
regulations for that purpose and also with respect to matters
provided under SUb-section (2).
(2) The Executive Council shall have the following powers and
functions, namely:- .
(a) to recommend the names of three persons to the
Chancellor for appointment as Registrar of the University
on the recommendations of the selection committee
constituted for that purpose by it and headed by the Vice-
Chancellor;
(b) to rl'?lpare and present to the Governing Council at its
annua: rneeting-
(i) a report on the working of the University;
(Ii) a statement of accounts;
(iii) budget proposals for the ensuing academic year
after its due approval from the Finance Committee;
(c) to manage and regulate the finances, accounts, investments,
properties, business and all other administrative affairs of the
University and for that purpose, constitute committees and
delegate the powers to such committees or such officers of
theUniversityasitmaydeemfit;
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"
Meetings of the
ExecutiveCouncil
(d) to invest any money belonging to the University, including
any unapplied income, in such stock, funcis, shares or
securities, as it may, from time to time, think fit, or in the
purchase of immovable property in India, with the like
power of varying such investments from time to time;
(e) to transfer or accept transfer of any movable or immovable
property on behalf of the University:
Provided that the concurrence of the Government shall
be taken before such transfer or acceptance of any
immovable property on behalf of University;
(f) to enter into, vary, carry out and cancel contracts on
behalf of the University and for that purpose to appoint
such officers as it may think fit;
(g) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the
University;
(h) to entertain, adjudicate upon, and if it thinks fit, to redress
any grievances of the officers, tp8chers, students and
employees of the University;
(i) to create teaching, administrative, ministerial and other
necessary posts, to determine the number and emoluments
of such posts, to specify the minimum qualifications for
appointment to such posts on such terms and conditions of
service as may be prescribed by the regulations made in
this behalf;
(j) to appoint examiners and moderators, and if necessary to
remove them and to fix their fees, emoluments and
travelling and other allowances, after consulting the
Academic Council:
Provided that the Government shall be apprised of
the fee structure fixed by the University;
(k) to select a common seal for the University; and
(I) to exercise such other powers and to perform such other
duties as may be considered necessary, or imposed on it
by or under this Act.
19. (1) The Executive Council shall meet at least once In four months
and not less than 15 days notice shall be £Iiven of such
meeting.
(2) The notice regarding meeting of the Executive Council shall be
issued by the Registrar under the instructions of the Vice-
Chancellor or on the request of the Executive Council.
(3) The Vice-Chancellor or in his absence, any member of the
Executive Council, nominated by the Vice-Chancellor, shall
preside over the meeting of the Executive Council.
- J3-

Academic Council
Constitu of the
Acaderni. \~ouncil
(4) One-half of the members of the Executive Council shall form
the quorum at any meeting.
(5) In case of difference of opinion among the members, the
opinion of the majority shall prevail.
(6) Each member of the Executive Council shall have one vote
and if there be equality of votes on any question to be
determined by the Executive Council, the Chairman, or as the
case may be, the member presiding over that meeting shall, in
addition, have a casting vote.
(7) If urgent action by the Executive Council becomes necessary,
the Vice-Chancellor may permit the business to be transacted
by circulation of papers to the members of the Executive
Council. The action so proposed shall not be taken unless
agreed to by a majority of members of the Executive Council.
The action so taken shall forthwith be intimated to all the
members of the Executive Council. In case the authority
concerned fails to take decision, the matter shall be referred to
the Chancellor whose decision shall be final.
20. The Academic Council shall be the academic body of the
University. It shall have powers, subject to the provisions of this
Act and the regulations, to control, regulate and maintain the
standards of instructions, education and examination of the
University and advise the Executive Council on academic matters.
It shall exercise such other powers, and shall perform such other
duties, as may be conferred or imposed upon it by this Act or the
regulations.
21. (1) The Academic Council shall consist of the following members,
namely:-
(a) the Vice-Chancellor who shall be the Chairman;
(b) a member of the Bar Council of India, to be nominated by
the Chairman of the Bar Council of India;
(c) a member of the Bar Council of Sikkim , to be nominated
by the Chairman of the Bar Council of Sikkim;
(d) one Dean of law faculty of any other University established
by Law in the State of Sikkim, by rotation, to be nominated
by the Government;
(e) all heads of departments;
(f) two members of the teaching staff one each representing
the Associate and Assistant Professors of the University,
nominated by the Vice-Chancellor, for a period of one
year on rotation:
Provided that an employee of the University shall not be
eligible for nomination under above category; and
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Powers and
functions of the
Academic Council
(g) three persons amongst legal academicians who have
achieved their place of eminence in legal education/
research and who are not in tile services of the
University, to be nominated by the Chancellor.
22. Subject to the provisions of this Act and the regulations, the
Academic Council shall have the following powers and functions,
namely:-
(a) to report on any matter referred to or delegated to it by the
Governing Councilor the Executive Council;
(b) to make recommendations to the Executive Council with
regard to the creation, abolition or classification of teaching
posts in the University and qualifications, emoluments and the
duties attached thereto;
(c) to formulate, modify or revise schemes for the organization of
the faculties, schools, centers or specialized institutes, and to
assign to them their respective subjects and also to report to
the Executive Council as to the expediency of the abolition or
sub-division of any faculty, school, center or specialized
institute, or the combination of one with another;
(d) to make arrangements by regulations fer the instruction and
examination of persons other than those enrolled in the
University;
(e) to promote research and to require reports on such research;
(f) to consider proposal submitted by faculties;
(9) to lay down policies for admission to the University.
(h) to recognize diplomas and degrees of other Universities and
institutions and to determine their equivalence in relation to the
diplomas and degrees of the University;
(i) to fix, subject to any conditions laid by the Governing Council,
the time, mode and conditions of competition for fellowships,
scholarships and other prizes, and to award the same;
U) to make recommendations to the Executive Council in regard
to the appointment of examiners and fixation of their fees,
emoluments and travelling and other expenses;
(k) to make arrangements for the conduct of examinations and to
fix dates for holding such examinations;
(I) to declare the result of examinations, or to appoint committees
or officers for declaration of such result, and to make
recommendations regarding the conferment or grant of degrees,
honours, diplomas, certificates, titles and marks of honour;
(m) to award stipends, scholarships, medals and prizes and to
make other awards in accordance with the regulations and on
such conditions as may be attached to the awards;
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Meetings of the
Academic Council
(n) to perform, in relation to academic matters, all such duties and
to do all such acts as may be necessary for carrying out the
provisions of this Act and the regulations.
(0) to recommend stipends, scholarships, medals and prizes and
to make other awards in accordance with the regulations and
such other conditions as may be attached to the awards;
(p) to approve or revise lists of prescribed or recommended text
books and to publish the same and syllabus and the prescribed
courses of study;
(q) to approve such forms and registers as are, from time to time,
required by the regulations;
(r) to formulate, from time to time, the desired standards of legal
education to be adhered to drawing up the curriculum /syllabi
for being taught in the University; and
(s) to perform, in relation to academic matters, all such duties and
to do all such acts as may be necessary for the proper
carrying out of the provisions of this Act and the regulations
made there under.
23. (1) The Academic Council shall meet as many times as may be
necessary, but at least once in six months.
(2) One-half of the existing members shall form the quorum for a
meeting of the Academic Council.
(3) In case of difference of opinion among the members, the
opinion of the majority shall prevail.
(4) Each member of the Academic Council, including the
Chairman, shall have one vote and if there is an equality of
votes on any question to be determined by the Academic
Council, the Chairman, or, as the case may be, the member
presiding over the meetings shall, in addition, have a casting
vote.
(5) Every meeting of the Academic Council shall be presided over
by the Vice-Chancellor and in his absence by a member
chosen in the meeting to preside on the occasion.
(6) If urgent action by the Academic Council becomes necessary,
the Chairman of the Academic Council may permit the
business to be transacted by circulation of the papers to the
members of the Academic Council. The action so proposed
shall not be taken unless agreed to, by a majority of the
members of the Academic Council. The action so taken shall
forthwith be intimated to all the members of the Academic
Council. In case the authority concerned fails to take decision,
the matter shall be referred to the Chancellor whose decision
shall be final.
Transitory powers of 24. Where any authority of the University is not constituted, the Vice-
the Vice-Chancellor Chancellor, withtheapprovaloftheChancellor,maydischargeall
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or any of the functions of such authority and, for that purpose, may
exercise any power of such authority till such authority is
constituted.
CHAPTER-IV
COMMITTEES
Finance Committee 25. Finance Committee constituted by the Executive Council shall
consist of the following members, namely:-·
(a) the Secretary (Finance) to the Government or his nominee;
(b) Registra r;
(c) three members, nominated by the Executive Council of whom
one shall be Professor:
Provided that members of the Finance Committee, other than
Vice-Chancellor and Professor shall hold office so long as they
continue to be members of Executive Council.
Powers and
functions of the
Finance Committee
26. (1) The Finance Committee shall have the following powers and
functions, namely:-
(a) to examine and scrutinize the annual Dudget of the
University and to make recommendations on financial
matters to the Executive Council;
(b) to consider all proposals for new expenditure and to
make recommendations to the Executive Council;
(c) to consider the periodical statements of accounts and to
review the finances of the University, from time to time,
to consider re-appropriation statements and audit
reports, and to make recommendations thereon to the
Executive Council; and
(d) to give views and to make recommendations to the
Executive Council on any financial matters affecting the
University, either on its own motion or on a reference
from the Executive Councilor the Vice-Chancellor.
(2) The Finance Committee shall meet at least once in every six
months. Three members of the Finance Committee shall form
the quorum for a meeting.
(3) The Vice-Chancellor shall preside over the meetings of the
Finance Committee and in his absence a member elected at a
meeting shall preside.
(4) The decisions of the Finance Committee shall be taken by
simple majority of the members present and voting.
(5) All matters relating to creation of posts and grant of scales shall
be brought before the Finance Committee for its recommendations
before being placed before the Executive Council.
.. /?-

Dispute Resolution
Committee
27. (1) There shall be a Dispute Resolution Committee to redress the
dispute that may arise between the management and staff,
management and students, teachers and students and
teachers and management, comprising,-
(a) the Vice-Chancellor or his nominee;
(b) one member of the Executive Council, nominated by the
Chancellor; and
(c) one member, nominated by the Chancellor, who is not
part of any of the councilor committees to the
University and who is a distinguished law academic with
at least fifteen years' experience in a similar institution.
(2) The Registrar shall be the convener of the Dispute Resolution
Committee.
(3) Where the dispute relates to a complaint of sexual
harassment, the Dispute Resolution Committee shall be
reconstituted by co-opting certain additional members
consistent with the law relating to sexual harassment.
(4) The Executive Council, or any smaller body, that may be
constituted by it for this purpose, shall be the Appellate
Authority.
(5) The rules and regulations governing the functioning of the
Dispute Resolution Committee and the Appellate Authority
shall be as framed by the Executive Council.
Selection Committee 28. (1) The Executive Council shall constitute Selection Committee
for making recommendations for appointment to the posts of
Professors, Associate Professors and other teachers of the
University.
(2) The Selection Committee shall consist of the following
members, namely:-
(a) the Vice-Chancellor or his nominee;
(b) the Head of the Department concerned, if any, who is
not lower in rank than that of the post for which selection
is to be made;
(c) where an appointment is to be made to any academic
post, three experts nominated by the Vice-Chancellor
from amongst a panel of names recommended by the
Academic Council; and
(d) Where appointment is to be made to any administrative
post, three experts in the fields of University administration,
nominated by the Vice-Chancellor from amongst a panel of
names recommended by the Executive Council.
(3) Where an endowment from a donor is accepted by the
Universityfor institutinga Chair, the donor may be co-opted
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Standing Committee
and ad-hoc
committees
Officers of the
University
as a member of the Selection Committee for the purpose of
filling in that post.
(4) The meeting of the Selection Committee shall be convened by
the Vice-Chancellor whenever necessary. The Vice-Chancellor
or in his absence, a member of Selection Committee nominated
by him shall preside over the meeting of the Selection
Committee. Three members of the Selection Committee of
whom one shall be an expert, shall form the quorum for a
meeting of the Committee.
29. Subject to the provisions of this Act and the regulations, the
Executive Council may, by resolution, constitute such Standing
Committees or appoint ad-hoc committees of such persons, for
such purposes and with such powers as the Executive Council
may thinks fit for exercising any power or discharging any function
of the University or inquiring into and reporting or advising upon,
any matter relating to the University.
CHAPTER-V
OFFICERS OF THE UNIVERSITY
30. The following shall be the officers of the University:-
(a) the Vice-Chancellor or his nominee;
(b) the Registrar;
(c) Heads of the Departments; and
(d) such other officers as may be prescribed by the statutes or
regulations.
The Vice-Chancellor 31. (1) The Vice-Chancellor shall be an accomplished academician
and an outstanding scholar in law or an eminent jurist. He
shall be a whole time salaried officer of the University.
(2) The Vice-Chancellor shall be appointed by the Chancellor on
the recommendations of the Governing Council from out of a
panel of not less than three persons recommended by the
Selection Committee constituted under sub-section (4).
(3) The Selection Committee shall, while submitting the names,
also forward to the Governing Council a concise statement
showing the academic qualifications and other
accomplishments of each of the persons so recommended,
but shall not indicate any order of preference:
Provided that if the Chancellor does not approve any of
the persons so recommended, he may call for the fresh
recommendations.
(4) The Selection Committee referred to ir. sub-section (2) shall
consist of three members of whom one shall be nominated by
the Executive Council, one by the Chairman, University
- {9-

Grants Commission and one by the Chancellor from among
the retired or serving Judges of the Supreme Court or the
High Court of Sikkim. The person nominated by the Chancellor
shall be the convener of the Selection Committee:
Provided that, no person who is an employee of the
University shall be nominated as the member of the Selection
Committee.
(5) The Vice-Chancellor shall hold office for a term of five years
from the date on which he enters upon his office, or until he
attains the age of sixty-five years, whichever is earlier. He
shall be eligible 'for re-appointment for another term till he
attains the age of sixty-five years:
Provided that the Chancellor may require the Vice-
Chancellor after his term has expired to continue in office for
such period, not exceeding a total period of one year as may
be specified by him until he attains the age of sixty-five years.
(6) The emoluments and other conditions of service of the Vice-
Chancellor shall be as prescribed by regulations.
(7) If the office of the Vice-Chancellor becomes vacant due to
death, resignation or otherwise or if he is unable to perform
his duties due to ill health or any other cause, the Chancellor
shall have the authority to designate a professor of the
University to perform the functions of the Vice-Chancellor until
the new Vice-Chancellor assumes his office or until the
existing Vice-Chancellor attends to the duties of his office, as
the case maybe.
(8) The Vice-Chancellor shall,-
(a) ensure that the provisions of this Act, statutes and
regulations are duly observed, and he shall have all
powers as are necessary for that purpose;
(b) convene the meetings of the Governing Council, the
Executive Council, the Academic Council and shall
perform all other acts, as may be necessary to give
effect to the provisions of this Act;
(c) preside over the meetings of the Governing Council in
the absence of the Chancellor;
(d) be the competent authority to appoint the teachers,
librarians, finance officer and other officers in consultation
with the Chancellor on the recommendations of the
Selection Committee appointed by the Executive Council
thereof for that purpose in accordance with the guidelines
prescribed by regulations;
(e) be the competent authority to take disciplinary action
against the above officers in accordance with the
procedureprescribedbyregulations;
-2D-

(f) have all powers relating to the maintenance of proper
disciplineintheUniversity;and
(g) if, in his opinion, any emergency has arisen which
requires that immediate action be taken, he shall take
such action as he may deem fit and shall report the same
for confirmation in the next meeting of the authority which,
in the ordinary course, would have dealt with the matter.
The Registrar 32. (1) The Registrar shall be an academic person in law not below
the rank of a Professor shall be appointed by the Chancellor
on the recommendations of the Selection Committee
constituted by the Executive Council and headed by the Vice-
Chancellor in accordance with the provisions of the statutes
and regulations.
(2) The Registrar shall,-
(a) be ex-officio Secretary of all the authorities, committees
and other bodies of the University and shall be
responsible for circulation of notices and agenda of all
the meetings. He shall note and maintain the minutes of
the meetings;
(b) be the principal adjutant of the Vice-Chancellor in all
matters pertaining to the administration of the University.
The Executive Council may entrust to him special
responsibilities and powers as may be deemed fit;
(c) subj

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