The SHRI RAMASAMY MEMORIAL UNIVERSITY,SIKKIM ACT,2013

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Thursday 24th October, 2013 No. 593
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 13/LD/PI13 Dated: 22110/2013
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the assent
of the Governor on 9th day of October, 2013 is hereby published for general information:-
THE SHRI RAMASAMY MEMORIAL
UNIVERSITY, SIKKIM ACT, 2013
(ACT NO. 13 OF 2013)
AN
ACT
to establish and incorporate a Private University in the State of Sikkim with emphasis on
providing high quality and industry relevant education through open and flexible professional education
that is relevant and matches contemporary needs, sponsored by SRM TRUST, NO.3 VEERASAMY
STREET, WEST MAMBALAM, CHENNAI - 600033, TAMILNADU and to provide for matters
connected therewith or incidental there to.
BE it enacted by the Legislature of Sikkim in the Sixty-fourth Year of the Republic of India as
follows:

Short title,
extent and
commencement
Definition
1. (1)
(2)
2.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
CHAPTER I
PRELIMINARY
This Act may be called the Shri Ramasamy Memorial
University, Sikkim Act, 2013".
It shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
In this Act, and in all statutes made hereunder, unless the
.context otherwise requires,-
"Academic council" means the academic council of the
University;
"Academic year" means the Academic year which the
Board of Management may determine;
"Annual Report" means the annual report of the
University referred to in section 45 of the Act;
"Board of Governors" means the board of Governors of
the University constituted under section 21 of the Act;
"Board of Management" means the board of management
of the University constituted under section 22 of the Act;
"Chancellor", "Vice-Chancellor" mean the Chancellor and
Vice-Chancellor of the University;
"Constituent College" means a college or an institution
maintained by the University;
"Development fund" means the development fund of the
University established under section 43 of the Act;
"Education and Training Institution, Registered Training
Organization" means an organization recognized by the
University.
(x) "Employee" means an employee appointed by the
University and includes teachers and other staff of the
University or of a constituent college;
(xi) "Endowment fund" means the endowment fund of the
University established under section 41of theAct;
(xii) "Faculty" means teaching faculty of the University;
(xiii) "Finance Committee" means the Finance Committee of
the University;
z

r: (xiv) "Government" means the State Government of Sikkim;
(xv) "General fund" means the general fund of the University
established under section 42 of the Act;
(xvi) "Learning Centres" means centres established or
maintained or recognized by the University.
(xvii) "Open, Flexible and Distance Learning System" means
the system of imparting education and. training through
any means of mentoring, learning engagement,
communication.
(xviii) "prescribed" means prescribed by the Statutes or rules
made under this Act;
(xix) "Regional centre" means a centre established or
maintained by the University for the purpose of
coordinating and supervising the work of study centres
and for performing such other functions as may be
conferred on such centre by the board of management;
(xx) "Registrar" means the Registrar of the University
appointed under section 17 of the Act;
(xxi) "rules" means the rules of the university made under this
Act;
(xxii) "School" means a School of Studies of the University;
(xxiii) "Sponsor" means the SRM Trust represented by
Chairman/President;
(xxiv) "State" means the State of Sikkim;
(xxv) "Statutes" and "rules" mean, respectively, the Statutes
and Rules of the University;
(xxvi) "Student" means a student of the University, and includes
any person who has enrolled himself for pursuing any
course of study of the University;
(xxvii) "Study centre" means a centre established, maintained or
recognized by tile University for the purpose of advising,
counseling or for rendering any other assistance including
training, conducting contact classes and administering
examinations required by the students;
(xxviii) "UGC" means the University Grants Commission
established under the University Grants Commission Act,
1956;
(xxix) "University" means the "SRM University, Sikkim"
3

::
The
University
Constituent 4. (1)
Colleges and
Institutions
University 5.
shall be sett-
Financing
Objects of the 6.
University
3. (1)
CHAPTER II
THE UNIVERSITY
There shall be a University by the name "SHRI
RAMASAMY MEMORIAL UNIVERSITY, SIKKfM".
(2) The University shall be a body corporate, shall have
perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire and to hold
property, to contract and shall sue and be sued by the said
name.
(3) The Headquarters of the University shall be at Sikkim.
(4) The University may establish or maintain education and
training institutions, colleges, learning centres either by
itself or in collaboration with the industries at Sikkim and in
other states of Indian Union and outside country as laid
down in section 7 and 8 of the Act.
The University may have constituent Colleges, Regional
Centres, Study Centres, Registered Training
Organizations, Learning Centres and Skill Development
Facilities and Institutions anywhere in India or abroad with
required approvals as may be necessary from relevant
prescribed authorities as mentioned in sub-section (4) of
section 3
(2) The University may, with the prior approval of the Board of
Governors, accredit any Registered Training Organizations
or facilities in India or abroad after the compliance of the
provisions prescribed as mentioned in sub-section (4) of
section 3.
The University shall be self-financing. The State
Government shall have no objection to. the University
obtaining grants, soft loans from various funding
organizations, institutions and agencies including
International and bilateral agencies, for expansion,
modernization of the facilities and augmenting the quality of
education, training and research that is carried out at the
University and in its accredited training institutions/facilities
provided that there shall be no financial obligation on the
part of State Government.
The objects for which the University is established shall be
as follows :-
(a) providing an open, flexible and continuous learning
framework that offers innovative ways for learning and
acquiring qualifications through professional and practical
programs.
(b) engaging with industry partners and educational
institutions, for establishing educational and training
institutions and learning centers with the aim of providing
4

Powers of the 7.
University
workplace training and familiarization with industry
practices.
(c) collaborating with industries and other institutions for
providing learning opportunities aligned with the needs of
the industrial and other development sectors.
(d) establishing an open and flexible professional education
that is relevant and matches contemporary needs.
(e) striving to fulfill the above objects by a diversity of means of
distance and continuing education, and make full use of the
latest scientific knowledge and educational technology to
offer a high quality education which matches contemporary
needs.
The University shall have the following powers, namely:-
(i) to provide for instruction in such branches of knowledge,
technology, vocation and profession as the University may
determine from time to time and to make provision for
research;
(ii) to plan and prescribe courses of study for qualifications
such as degrees, advanced diplomas, diplomas, certificates
or such others for any other purpose;
(iii) to hold examinations, assessments and confer degrees,
diplomas, certificates or other academic distinctions or
recognitions on persons in terms of awards or fellowships
or conducted research as prescribed by rules;
(iv) to confer honorary degrees or other distinctions in the
manner prescribed by rules;
(v) to determine the manner in which education, training,
knowledge inputs, skill building, competency development
and distance education in relation to the academic
programs of the University may be organized subject to that
these shall be in consonance with the norms prescribed by
University Grants Commission;
(vi) to institute Professorships, Associate Professorships,
Assistant Professorships and other academic positions
wherever necessary;
(vii) to co-operate with and seek the co-operation of other
Universities and institutions of higher learning, professional
bodies and organizations for such purposes as the
University considers necessary;
(viii) to institute and award fellowships, scholarships, prizes and
such other awards for recognition of merit as the University
maydeemfit;
5

(ix) to establish, maintain or recognize Learning Centres in the
manner prescribed by Statutes;
(x) to provide for the preparation of instruction materials,
learning resources, workplace training practices,
knowledge repositories. e-Iearning platforms, digital
learning experiences, including films, digital media, video /
streaming content, multimedia content, visualization,
simulations and other software;
(xi) to organize and conduct refresher course, workshops,
seminars and other programs for faculty and trainers,
learning resource content providers, experts preparing
learning resources, lesson writers, evaluators and other
academic staff;
(xii) to recognize examinations of, or periods of study (whether
in full or part), at other Universities, Institutions or other
places of higher learning as equivalent to examinations or
periods of study in the University, and to withdraw such
recognition at any time;
(xiii) to make provision for research and development in
educational technology and related matters and to
undertake collaborative research with any organization in
India or abroad;
(xiv) to provide consultancy to industry, Government and Public
undertakings;
(xv) to ensure that the standard of the degrees, diplomas,
charters, certificates and other academic distinctions are
commensurate with those prescribed and laid down by the
University Grants Commission (UGC);
(xvi) to supervise and control the residence, and to regulate the
discipline among students and all categories of
employees and to lay down the conditions of service of
such employees, including their Code of Conduct;
(xvii) to pursue any other objective as may be approved by the
State Government;
(xviii) to create professional, technical, administrative, ministerial
and other necessary posts and to make appointments
thereto;
(xix) to demand and receive such fees, bills, invoices and collect
charges as may be fixed by the Statutes or rules, as the
case may be;
(xx) to receive benefactions, donations and gifts and to acquire,
hold, maintain and dispose of any property movable or
immovable, including that of the trust,forthepurposesof
the University;
6

(xxi) to borrow, whether on the security of the property of the
University or otherwise, money for the purposes of the
University;
(xxii) to enter into, carryout, vary or cancel contracts;
(xxiii) to recognize any institution of higher learning or studies for
such purposes as the University may determine and to
withdraw such recognition;
(xxiv) to appoint. either on contract, or otherwise, Visiting
Professors. Emeritus Professors, Consultants, Fellows,
Scholars, Artists, Course Writers and such other persons
who may contribute to the advancement of the objects of
the University;
(xxv) to determine standards and to specify conditions for the
admission of students to courses of study of the University
which may include examination. evaluation and any other
method of testing;
(xxvi) to confer autonomous status on a training organization,
college, educational institution, or a Regional Centre in the
manner laid down by the Statutes;
(xxvii) to make arrangements for the promotion of the general
health and welfare of the employees.
Establishment 8. (1)
of off-campus
centres, off-
shore
campuses
and (2)
maintenance
of minimum
standard
The University shall set up off-campus centre(s) and / or
with the prior approval of the UGC and that of the State
Government(s) where the centre(s) is/are proposed to be
opened.
Any off-shore campus(es) in foreign countries shall be
opened only after obtaining due permission from the
Government of India and also that of the Government of the
host country.
(3) The University shall fulfill the minimum criteria in terms of
programmes, faculty, infrastructural facilities, financial
viability, etc., as laid down from time to time by the UGC
and other concerned statutory bodies such as the All India
Council for Technical Education (AICTE), the Bar Council
of India (BCI). the Distance Education Council (DEC). the
Dental Council of India (DCI), the Indian Nursing Council
(INC), the Medical Council of India (MCI), the National
Council for Teacher Education (NCTE), the Pharmacy
Council of India (PCI), etc.
Admission to 9. (1)
University
The University shall. subject to the provision of this Act and
the Statutes be open to all persons irrespective of class,
caste, creed, religion, language or gender:
7

The Visitor
Officers of 11.
the
University
Provided that nothing in this section shall be deemed
to prevent the University from making special provisions for
admission for students of the State;
Provided further that special efforts shall be taken to
encourage the oppressed classes and disadvantaged
groups.
(2) Nothing contained in sub-section (1) shall require the
University;
(a) to admit to any course of study any person who does not
possess the prescribed academic qualification or standard;
(b) toretain on the rolls of the University any student whose
academic record is below the minimum standard required
for the award of a degree, diploma or other academic
distinction; or
(c) to admit any person or retain any student whose conduct is
prejudicial to the interests of the University or the rights and
privileges of other students and teachers.
10. (1)
CHAPTER 1/1
OFFICERS OF THE UNIVERSITY
The Governor of Sikkim shall be the Visitor of the University.
(2) The Visitor shall preside at the convocation of the University
for conferring Degrees, Diplomas, Charters, Designations
and Certificates.
(3) The Visitor shall have the follovving powers, namely :-
(a) to call for any paper or information relating to the affairs of
the University;
(b) on the basis of the information received by the Visitor, if he
is satisfied that any order, proceeding, or decision taken by
any authority of the University is not in conformity with the
Act, Regulations, or Rules, he may issue such directions as
he may deem fit in the interest of the University and the
directions so issued shall be complied with by all concerned.
The following shall be the Officers of the University,
namely:-
(a) The Chancellor;
(b) The Pro-Chancellors;
8

(c)
(d)
(e)
(f)
(g)
(h)
(i)
Chancellor 12. (1)
Pro-
Chancellor
13. (1)
The Vice Chancellor;
The Pro-Vice Chancellors;
Deans of faculties;
The Registrar;
The Finance Officer; and
Controller of Examination;
Such other officers as may be declared by the Statutes to
be officers of the University.
The Visitor shall appoint the Chancellor of the University
from the panel of names forwarded by the sponsor of the
University in consultation with the State Government.
(2) The Chancellor so appointed shall hold office for a
period of 5 (five) years.
(3) The Chancellor shall be the head of the University.
(4) The Chancellor, in the absence of the Visitor, shall preside
at the convocation of the University for conferring degrees,
diplomas, Charters, Designations or Certificates.
(5) The Visitor shall have the power to remove the Chancellor
on the recommendations of the sponsor of the University,
after due enquiry.
(6) The Chancellor shall have the following
powers, namely: .
(a) to call for any information or record.
(b) to appoint and to remove the Vice-Chancellor; The
Chancellor is empowered to remove the Vice-Chancellor
after due enquiry. It will be open to the Chancellor to
suspend the Vice-Chancellor during enquiry depending
upon the seriousness of the charges, as he may deem fit.
(c) such other powers as may be conferred on him by this Act
or the Statutes made there under.
The Sponsor shall appoint two Pro-Chancellors of the
University namely Pro-Chancellor (Administration) and Pro-
Chancellor (Academic)
(2) The Pro-Chancellor so appointed shall hold office for a
period of 5 (five) years.
(3) The Pro-Chancellor shall preside at the meeting of the
Board of Governors when the Chancellor is not present and
9

(4)
(a)
(b)
(5)
(a)
(b)
(6)
The Vice- 14. (1)
Chancellor
shall, when the Visitor or Chancellor is not present, preside
at the convocation of the University for conferring degrees,
diplomas, Charters, Designations or Certificate.
The Pro-Chancellor (Administration) shall have the following
powers, namely;
to cal/ for any information related to the entire administration
of the University;
such other powers as may be conferred on him by this Act
or the Statutes made there under.
The Pro-Chancellor (Academic) shall have the following
powers, namely:-
to call for any information related to the entire Academic
including research proceedings of the University;
such other powers as be conferred on him by this Act or the
Statutes made there under.
The Sponsor is empowered to remove the Pro-Chancel/or.
The Vice-Chancellor shall be appointed by the Chancellor
from a panel of 3 (three) persons recommended by the
Board of Governors on such terms and conditions as may
be prescribed and shall hold office for a term of 5 (five)
years.
Provided that, after expiry of the term of 5 (five) years,
the Vice-Chancellor shall be eligible for re-appointment for
another term not exceeding 5 (five) years. The Vice-
Chancellor shall be stationed in Headquarters.
(2) The Vice-Chancellor shall be the Principal executive and
academic officer of the University and shall exercise general
supervision and control over the affairs of the University and
give effect to the decisions of the authorities of the
University.
(3) If in the opinion of the Vice-Chancel/or it is necessary to take
immediate action on any matter for which powers are
conferred on any other authority by or under this Act, he
may take such action as he deems necessary and shall, at
the earliest opportunity, thereafter report his action to such
officers or authority as would have in the ordinary course
dealt with the matter:
Provided that where any such action taken by the
Vice-Chancellor affects any person in the service of the
University, such person shall be entitled to prefer, within 3
(three) months from the date on which such action is
communicated to him, an appeal to theBoardofGovernors
and the Board of Governors may confirm or modify or
10

reverse the action taken by the Vice-Chancellor.
(4) If in the opinion of the Vice-Chancellor any decision of any
authority of the University is outside the powers conferred by
this Act, Statutes or is likely to be prejudicial to the interest
of the University, he shall request the concerned authority to
revise its decision within 7 (seven) days from the date of his
decision and In case the authority refuses to revise such
decision wholly or partly or fails to take any decision within 7
(seven) days, then such matter shall be referred to the
Chancellor and his decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and
perform such other duties as may be laid down by the
Statutes.
(6) The Vice-Chancellor shall preside at the convocation of the
University in the absence of the Visitor, the Chancellor and
the Pro Chancellors for conferring· degrees, diplomas,
Charters, Designations or Certificates.
The two Pro-Vice Chancellors of the University viz. Pro-Vice
Chancellor (Administration) and Pro-Vice Chancellor
(Academic) shall be appointed by the Vice Chancellor in
such manner and shall exercise such powers and perform
such duties as may be prescribed by the statutes.
The Pro-Vice 15. (1)
Chancellor
(2) The Pro-Vice chancellor so appointeo shall hold office for a
period of 5 (five) years.
(3) The Pro-Vice Chancellor (Administration) shall be a member
of the Board of Governors.
Deans of
faculties
16.
The Registrar 17. (1)
(4) The Pro-Vice Chancellor (Academic) shall be a member of
the Board of Management.
Deans of faculties shall be appointed by the Vice-Chancellor
in such manner and shall exercise such powers and perform
such duties as may be prescribed by Statutes.
The appointment of the Registrar shall be made in such
manner as may be prescribed by the Statutes
(2) All contracts shall be signed and all documents and records
shall be authenticated by the Registrar on behalf of the
University.
(3) The Registrar shall be responsible for due custody of the
records and the common seal of the University and shall be
bound to place before the Chancellor, the Vice-Chancellor
or any other authority, all such information and documents
as may be necessary for transaction of their business.
11

(4) The Registrar shall exercise such powers and perform such
duties as may be prescribed by the Statutes.
The Finance 18.
Officer
Other 19.
Officers
Authorities of 20.
the University
(a)
(b)
(c)
(d)
(e)
The Boardof 21. (1)
Governors
and its
Powers
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
U)
The appointment of the Finance Officer shall be made in
such manner as may be prescribed by the Statutes. The
Finance Officer shall exercise such powers and perform
such duties as may be prescribed by the Statutes.
The manner of appointment, terms and conditions of service
and powers and duties of the other officers of the University
shall be such as may be prescribed by the Statutes.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
The following shall be the Authorities of the University,
namely:-
The Board of Governors;
The Board of Management;
The Academic Council;
The Finance Committee; and
Such other authorities as may be declared by the Statutes to
be the authorities of the University.
The Board of Governors shall consist of the following.
Namely:-
The Chancellor.
The Pro-Chancellor (Administration).
The Pro-Chancellor (Academic).
The Vice-Chancellor.
The Pro-Vice Chancellor (Administration).
A nominee of the University Grant Commission.
Three persons nominated by the Sponsor.
Two representatives of the State Government.
One person of repute to be nominated by the Visitor.
TwopersonstobenominatedbytheChancellor.
12

(2) The Chancellor shall be the Chairman of the Board of
Governors.
(3) The Registrar shall be an ex-officio Secretary of the Board
of Governors.
(4) The Board of Governors shall be the supreme authority and
principal governing body of the University and shall have the
following powers, namely :-
(a) to appoint the Statutory Auditors of the University;
(b) to lay down policies to be pursued by the University;
(c) to review decisions of the other authorities of the University
if they are not in conformity with the provisions of this Act, or
the Statutes or the rules;
(d) to approve the budget and annual report of the University;
(e) to make new or additional Statutes and rules or amend or
repeal the earlier Statutes and rules;
(f) to take decision about voluntary winding up of the
University;
(g) to approve proposals for submission to the State
Government; and
(h) to take such decisions and steps as are found desirable for
effectively carrying out the objects of the University;
(5) The Board of Governors shall, meet at least twice in a
calendar year at such time and place as the Chancellor
thinks fit.
The Board of 22. (1)
Management
(a)
(b)
(c)
(d)
(e)
(f)
(2)
The Board of Management shall consist of the following,
namely;
The Vice-Chancellor.
The Pro-Vice Chancellor (Academic)
The Registrar.
4 (four) persons, nominated by the Sponsor.
2 (two) Deans of the faculties as nominated by the
Chancellor.
2 (two) representatives to be nominated by the State
Government.
The Vice-Chancellor shall be the Chairperson of the Board
of Management and the Registrar shall be the Secretary of
the Boardof Management.
13

The Academic 23. (1)
Council
The Finance
Committee
Other 25.
Authorities
Proceedings 26.
not invalidated
on account of
Vacancy
(3) The powers and functions of the Board of Management shall
be such as may be prescribed by the Statutes.
The Academic Council shall consist of the following, namely:-
(a) The Vice-Chancellor - Chairman.
.i
(b) The Pro-Vice Chancellor (Academic).
(c) The Registrar - Secretary.
(d) Such other members as may be prescribed in the Statutes.
(e) One representative to be nominated by the state
Government.
(2) The Academic Council shall be the principal academic body
of the University and shall, subject to the provisions of this
Act, the Statutes and the rules, co-ordinate and exercise
general supervision over the academic policies of the
University.
The Finance Committee shall consist of the
following, namely :-
(a) The Vice-Chancellor - Chairman.
24. (1)
(b) The Pro-Vice Chancellor (Administration).
(c) The Registrar - Secretary.
(d) The Finance Officer - Member.
(e) Such other members as may be prescribed in the Statutes.
(f) Principal Director, Finance Revenue and Expenditure
Department Government of Sikkim.
(2) The Finance Committee shall be the principal financial body
of the University to take care of financial matters and shall,
subject to the provisions of this Act, Statutes and rules, co-
ordinate and exercise general supervision over the financial
matters of the University.
The constitution, powers and functions of the other
authorities of the University shall be such as may be
prescribed by the Statutes.
No act or proceeding of any authority of the University shall
be invalid merely by reason of the existence of any vacancy
or defect in the constitution of the authority.
14

Statutes
CHAPTER V
STATUTES AND RULES
27. Subject to the provisions of this Act and rules, the Statutes
may provide for any matter relating to the University and
staff, as given below :-
(a) the constitution, powers and functions of the authorities and
other bodies of the University as specified in the Act and
such other authorities as may be constituted from time to
time;
(b) the terms and conditions of appointment of the Vice-
Chancellor, the Registrar and the Finance Officer and their
powers and functions;
(c) the mode of recruitment and the conditions of service of the
other officers, teachers and employees of the University;
(d) the procedure for resolving disputes between the University
and its officers, faculty members, employees and students;
(e) creation, abolition or restructuring of departments and
faculties;
(f) the manner of co-operation with other Universities or
institutions of higher learning;
(g) the Registration of Training Organizations, Learning Centres
or Accreditation of Institutions or Industries providing
Education, Training, Learning Support or facilitation for Skill
Development;
(h) the modalities for determination or revision of the framework
of qualifications, prescriptions for learning pathways,
curriculum, training, skill development, recognition of prior
learning, credit transfer, learning support and such other
academic matters;
(i) number of seats in different courses of studies and the
procedure of admission of students to such courses;
U) the fee chargeable from students for various courses of
studies:
Provided that the University shall not make any Statute
relating to the charging of capitation fee from the students;
(k) procedure for creation and abolition of posts;
(I) all other matters which by this Act are required to be
provided.
15

Statutes - how 28.
made
Amendmentof 29.
Statutes
Rules
Rules - how
made
The first Statutes framed by the Board of Governors, shall
be submitted to the State Government for its consent.
The Board of Governors may make new or additional
Statutes or amend or repeal the Statutes as required with
the consent of the State Government.
30. Subject to the provisions of this Act, the rules may provide
for all or any of the following matters, namely :-
(a) admission of students to the University and their enrolment
and continuance as such;
(b) the courses of study to be laid down for all Degrees,
Diplomas, Certificates, Charters and other academic
distinctions of the University;
(c) the award of Degrees, Diplomas. Charters, Certificates and
other academic distinctions of the University; the procedure
for conferment of honorary degrees;
(d) creation of new authorities of the University;
(e) accounting Policy and financial procedure;
(f) institution of and conditions for the award of fellowships,
freeships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations and the conditions and mode
of appointment and duties of examining bodies, examiners,
invigilators. tabulators and moderators;
(h) the fee to be charged for admission to the Examinations,
Degrees, Diplomas, Certificates, Charters and other
academic distinctions of the University;
(i) revision of fees;
U) alteration of number of seats in different courses and
programs;
(k) the conditions of residence of the students at the University
or a constituent college;
(I) maintenance of discipline among the students of the
University or a constituent college;
.(m) all other matters as may be provided in the Statutes and
rules made under the Act.
31. The first rules made by the Board of Governors, shall be
submitted to the State Government for its consent.
16

Amendment 32.
of Rules
Conditions of 33. (1)
service of
employees.
Right to
Appeal
Provident
Fund and
Pension
Disputes as
to
constitution
of University
Authorities
and Bodies
Constitution
of
Committees
Filling of
Casual
Vacancies
34.
35.
36.
37.
38.
The Board of Governors may make new or additional rules
or amend or repeal the rules as required, with the consent
of the State Government.
CHAPTER VI
MISCELLANEOUS
Every employee shall be appointed under a written
contract, which shall be kept in the University and a copy of
which shall be furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be
governed by procedure prescribed in the Statutes.
Every employee or student of the University or of a
constituent college shall notwithstanding anything
contained in this Act, have a right to appeal within such
time as may be prescribed, to the Board of Management
against the decision of any officer or authority of the
University or of the Principal of any such college, and
thereupon the Board of Management may confirm, modify
or change the decision appealed against.
The University shall constitute for the benefit of its
employees such provident or pension fund and provide
such insurance scheme as it may deem fit in such manner
and subject to such conditions as may be prescribed by
rules.
If any question arises as to whether any person has been
duly elected or appointee as, or is entitled to be a member
of any authority or other body of the University, the matter
shall be referred to the Chancellor whose decision thereon
shall be final.
Any authority of the University mentioned in section 20 may
constitute a committee of such authority, consisting of such
members as such authority may deem fit and having such
powers as the authority may deem fit.
Any casual vacancy among the members, other than ex-
officio members of any Authority or body of the University
shall be filled in the same manner in which the member
whose vacancy is to be filled up, was chosen, and the
person filling the vacancy shall be a member of such
authority or body for the residue of the term for which the
person whose place he/she fills would have been a member
17

Protection of 39.
action taken
in good faith
Transitional 40.
provisions
Endowment
Fund
Generalfund
No suit or other legal proceedings shall lie against any
officer or other employee of the University or anything,
which is done in good faith or intended to be done in
pursuance of the provisions of this Act, the Statutes or the
rules.
Notwithstanding anything contained in any other provisions
of this Act and the Statutes :-
(a) the first Vice-Chancellor shall be appointed by the
Chancellor and the said officer shall hold office for a term of
5 (five) years;
(b) The first Registrar and the first Finance Officer shall be
appointed by the Chancellor who shall hold office for a term
·of 5 (five) years;
(c) The first Board of Governors shall hold office for a term not
exceeding 5 (five) years;
(d) The first Board of Management, the first Finance Committee
and the first Academic Council shall be constituted by the
Chancellor for a term of 5 (five) years.
41. (1) The University shall establish an endowment fund of at least
~2,00;00,000/- (Rupees two crores).
(2) The University shall have power to invest the endowment
fund in such manner as may be prescribed by rules.
(3) The University may transfer any amount from the general
fund or the development fund to the endowment fund.
Excepting in the dissolution of the University, in no other
circumstances can any monies be transferred from the
endowment fund for other purposes.
(4) Not exceeding 75 percent of the incomes received from the
endowment fund shall be used for the purposes of
development works of the University. The remaining 25
percent shall be reinvested into the endowment fund.
The University shall establish a general fund to which the
following amount shall be credited, namely :-
42. (1)
(a) all fees which may be charged by the University;
(b) all sums received from any other source;
(c) all contributions made by the Sponsor;
(d) all contributions/donations made in this behalf by any other
person or body, which are not prohibited by any law for the
time being in force.
(2) Thefunds credited to the general fund shallbe appliedto
meet the following payments, namely :-
18

(a) The repayment of debts including interest charges thereto
incurred by the University for the purposes of this Act, the
Statutes and the rules made there under;
(b) the upkeep of the assets of the University;
(c) the payment of the cost of audit of the fund created under
section 41.
(d) meeting the expenses of any suit or proceedings to which
University is a party;
(e) the payment of salaries and allowances of the officers and
employees of the University, members of the teaching and
research staff, and payment of any Provident Fund
contributions, gratuity and other benefits to any such officers
and employees, members of the teaching and research
staff;
(f) the payment of travelling and other allowances of the
members of the Board of Governors, the Board of
Management, Academic Council, and other authorities so
declared under the Statutes of the University and of the
members of any Committee or Board appointed by any of
the authorities of the University in pursuance of any
provision of this Act or the Statutes or the rules made
thereunder;
(g) the payment of fellowships, freeships, scholarships,
assistantships and other awards to students, research
associates or trainees eligible for such awards under the
Statutes or rules of the University under the provisions of
this Act;
(h) the payment of any expenses incurred by the University in
carrying out the provisions of this Act, and the Statutes or
the rules made thereunder;
(i) the payment of cost of capital, not exceeding the prevailing
bank rate of interest, incurred by the Sponsor for setting up
the University and the investments made thereof;
U) the payment of charges and expenditure relating to the
consultancy work undertaken by the University in pursuance
of the provisions of this Act, and the Statutes, and the rules
made thereunder;
Provided that no expenditure shall be incurred by the
University in excess of the limits for total recurring
expenditure and total non recurring expenditure for the year
as may be fixed by the Board of Management without the
previous approval of the Board of Management:
ProvidedfurtherthattheGeneralfundshallbe.applied
for the objects specified under sub-section (2) with the prior
19

Development 43. (1)
Fund
approval of the Board of Management of the University.
The University shall also establish a development fund to
which the following funds shall be credited, namely
(a) .Development fees which may be charged from students;
(b) all sums received from any other source for the purposes of
the development of the University;
(c) all contributions made by the Sponsor;
(d) all contributions/donations made in this behalf by any other
person or body which are not prohibited by any law for the
time being in force; and
(e) all incomes received from the endowment fund.
(2) The funds credited to the development fund from time to
time shall be utilized for the development of the University.
The annual report of the University shall be prepared under
the direction of the Board of Management and shall be
submitted to the Board of Governors for its approval;
(2) the Board of Governors shall consider the annual report in
its meeting and may-approve the same with or without
modification;
(3) a copy of the annual report duly approved by the Board of
Governors shall, be sent to Visitor and the State
Government on or before December 31 following close of
the financial year in March 31 each year
The annual accounts and Balance Sheet of the University
shall be prepared under the direction of the Board of
Management and all funds accruing to or received by the
University from whatever source and all amount disbursed
or paid shall be entered in the accounts maintained by the
University.
Maintenance
of fund
44. (1)
Annual
Report
45. (1)
Accounts
and Audit
46. (1)
The funds established under sections 41, 42 and 43 shall,
subject to general supervision and control of the Board of
Governors, be regulated and maintained in such manner as
may be prescribed.
(2) The annual accounts of the University shall be audited by a
chartered accountant, who is a member of the Institute of
Chartered Accountants of India, every year.
(3) A copy of the annual accounts and the Balance Sheet
together with the Audit report shall be submitted to the State
Government and the Board of Governors on or before
December 31 following close of the financial year in March
31 each year.
20

Mode of Proof 47.
of University
Record
Dissolution of 48. (1)
the University
A copy of any receipt, application, notice, order, proceeding
or resolution of any authority or committee of the university
or other documents in possession of the University or any
entry in any register duly maintained by the University, if
certified by the Registrar, shall be received as prima facie
evidence of such receipt, application, notice, order,
proceeding, resolution or document or the existence of entry
in the register and shall be admitted as evidence of the
matters and transaction therein recorded where the originai
thereof would. if produced, have been admissible in
evidence.
If the Sponsor proposes dissolution of the University in
accordance with the law governing its constitution or
incorporation, it shall give at least 12 (twelve) months notice
in writing to the State Government and it shall ensure that
no new admissions to the University are accepted during the
notice period. All financial obligations, whatsoever may be,
for dissolution of the University shall lie with the University.
(2) On identification of mismanagement, mal-administration or
in-discipline which lead to gross failure in the
accomplishment of the SUbstantive objects of University or
economic non-viability, the State Government would issue
directions to the management of University to rectify the
situation. If such directions are not followed within such time
as may be prescribed, the right to take appropriate decision
for such rectification including the decision to wind up of the
. University after giving due opportunity to the University for
being heard, would vest in the State Government.
(3) The manner of winding up of the University would be such
as may be prescribed in this behalf by the State
Government.
Provided that no such action will be initiated without
affording a reasonable opportunity to show cause to the
Sponsor.
(4) On receipt of the notice referred to in sub-section (1), the
State Government shall, in consultation with the UGC make
such arrangements for administration of the University from
tile proposed date of dissolution of the University by the
Sponsor and until the last batch of students in regular
courses of studies of the University complete their courses
of studies in such manner as may be prescribed by the
Statutes.
(5) Under no circumstances the State Government will be liable
to bear any financial burden of any kind during the period of
dissolution.
21

Expenditure of
the University
during
dissolution
Removal of
difficulties
Repeal and
savings
49. (1) The expenditure for administration of the University during the taking
over period of its management under section 48 shall be met out of the
endowment fund, the general fund or the development fund.
(2) If the funds referred to sub-section (1) are not sufficient to meet the
expenditure of the University during the taking over period of its
management, such expenditure may be met by disposing of the
properties or assets of the University by the State Government.
50. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by a notification or order, make such
provisions, not inconsistent with the provisions of this Act, as appear
to it to be necessary or expedient, for removing th'e difficulty:
Provided that no notification. order under sub-section (1) shall be
made after the expiry of a period of 3 (three) years from the
commencement of this Act.
(2) Every order made under sub-section (1) shall, as soon as may be
after it is made, be laid before the State Legislature.
51. (1) The Shri Ramasamy Memorial (SRM) State University Ordinance No.1
of 2013 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in the
exercise of the powers conferred by or under that Ordinance shall be
deemed to have been done ortaken in exercise of the powers conferred
by or under this Act as if this Act was in force on the day on which
such thing was done or such action was taken.
LAKCHUNG SHERPA, SSJS
L.R-CUM-SECRETARY,
LAW DEPARTMENT.
S.G.P.G. - 5931Gazette/30 Cps'/24. 10.2013

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Thursday zo» April, 2017 No.135
GOVERNMENT .OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 5/LD/17 Dated: 19 April, 2017
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent
of the Governor on 22nd day of March, 2017 is hereby published for general information:-
THE SHRI RAMASAMY MEMORIAL UNIVERSITY SIKKIM (AMENDMENT) ACT, 2017
ACT NO. 5 OF 2017
AN
ACT
to amend the Shri Ramasamy Memorial University Sikkim Act, 2013
Be it enacted by the Legislature of Sikkim on the Sixty-eighth Year of the Republic of India
as follows:-
Short title and commencement 1. (1) This Act may be called the Shri Ramasamy Memorial
University Sikkim (Amendment) Act, 2017.
(2) It shall come into force at once.
Amendment of Section 2 2. In the Shri Ramasamy Memorial University Sikkim Act,
2013 hereinafter referred to as the "Principal Act", in
section 2,
(i) clauses (vii) and (lx) shall be omitted;
(ii) in clause (x), the words "or of constituent college"
shall be omitted.
Amendment of Section 4
3. In the principal Act, in section 3 sub-section (4) shall be
omitted.
4. In the principal Act, section 4 shall be omitted.
5. In the principal Act, in section 7, clauses (ix), (xll), (xxiii)
and (xxvi) shall be omitted.
Amendment of Section 3
Amendment of Section 7

Amendment of Section 8 6. In the principal Act in section 8 -
(i) in sub-section (1) after the words "off-campus
centres" the words "anywhere in the State of Sikkim"
shall be inserted;
(ii) in sub-section (2) after the words "off shore campus
(es)" the words "for approved courses in regular mode"
shall be inserted.
Jagat B. Rai (SSJS)
L.R-cum-Secretary,
Law Department.
S.G.P.G. -135/Com. 2/Gazette/100 Nos.lDt:-20.04.2017.
THE SUBSEQUENT AMENDMENTS TO THE SHRI RAMASAMY  MEMORIAL UNIVERSITY, SIKKIM ACT, 2013 (ACT NO. 13 OF 2013) AMENDED AND
UPDATED UPTO APRIL, 2017                                                                                        

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