The SIKKIM STATE HIGHER EDUCATION COUNCIL ACT,2016

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 18th April, 2016 No.116
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 03/LD/16 dated: 07/04/2016
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the assent of
the Governor on 29th day of March, 2016 is hereby published for general information:-
THE SIKKIM STATE HIGHER EDUCATION COUNCIL ACT, 2016
(ACT NO. 03 OF 2016)
AN
ACT
to provide for establishment of a State Higher Education Council in Sikkim and to maintain the
standards of coaching, examination and research in Universities and affiliated colleges in Sikkim for
the purpose of smooth implementation of Rashtriya Uchchatar Shiksha Abhiyan (RUSA) in the State
of Sikkim and for matters connected therewith or incidental thereto.
8e it enacted by the Legislature of Sikkim in the Sixty-seventh Year of the Republic of India as
follows:
Short title and commencement 1. (1) This Act may be called the Sikkim State Higher
Education Council Act, 2016.
(2) It shall come into force at once.
Definition 2. In this Act, unless the context otherwise requires,
(a) "Chairman" means the Chairman of the State Council;

Constitution of Sikkim State
Higher Education Council
Composition of the State Council 4.
(n) "University Grants Commission" means the University
Grants Commission Established under section 4 of the
University Grants Commission Act, 1956;
(0) "Vice Chancellor" means the Vice Chancellor of a
university, and includes the Director of a University;
(p) "Principal" means principal of a Government College,
University College, Engineering or Technological
college, medical college or any such college
established under the law.
3. (1) The Government may, by notification, constitute a State
Council for the purpose of this Act to be known as the
Sikkim State Higher Education Council, with effect from
such date as may be specified in the notification.
(2) The State Council shall be a body corporate with
perpetual succession and a common seal and shall
sue and be sued by the name of the Sikkim State
Higher Education Council.
(3) The headquarters of the State Council shall be located
in Gangtok.
(1) The State Council shall consist of the following
members, namely: -
(a) Chairman and Vice Chairman
(i) Minister-in-Charge, Human Resource Development
Department, shall be the ex-officio Chairman of the
State Council;
(ii) A Vice-Chairman should be an eminent educationalist!
educational administrator to be appointed by the
Government.
(b) Ex-officio Members
(i) Secretary, University Grants Commission, or his
nominee not below the rank of a Joint Secretary,
University Grants Commission.
(li) Secretary-in-Charge, Human Resource Development
Department, Government of Sikkim and State Project
Director (RUSA).
(iii) Secretary-in-Charge, Health Care, Human Services
and Family Welfare Department, Government of Sikkim.
3

Provided further that it shall be competent for the
Government to make any appointment under this sub-
section for a term of less than 4 (four) years if it
.considers necessary to do so:
Provided also that the Vice-Chairman or any other
member (other than ex-officio member) who incurs any
disqusliflcation under the rules made in this behalf shall
cease to hold the office of the Vice-Chairman or of the
member of the State Council.
(2) The Vice-Chairman or any other member (other than
ex-officio member) may resign from his/her office by
writing under his/her hand addressed to the
Government, and every such resignation shall take
effect from the date on which it is accepted by the
Government.
(3) The Vice-Chairman or any other member (other than
an ex-officio member) shall not be removed from his/
her office except by an order of the Government on
the ground of willful omission or refusal to carry out the
provisions of this Act or abuse of the powers vested
on him/her and after such inquiry as may be, shall be
given an opportunity of making his/her representation
against such removal.
(4) A member of the State Council by virtue of his acquiring
financial or other interest shall cease to be a member
of the State Council and be removed as a member in
accordance with this Act.
(5) If any casual vacancy occurs in the office of the Vice-
Chairman or any other member (other than an ex-
officio), whether by reason of his death, resignation or
inability to discharge his function owing to illness or
other capacity or for any other reason, such vacancy
shall be filled by the Government as soon as may be in
the manner provided in sub-section (1). Such Vice-
Chairman or nominated or appointed member shall hold
office only for the remainder of the term for which the
person whose place he/she fills would have remained
as the Vice-Chairman or nominated or appointed
member, as the case may be.
(6) The office of the Vice-Chairman and the Members, and
the terms and conditions ofservice ofthe Vice-Chairman
and other members shall, subject to the provisions of
this sub-section, be such as may be prescribed.
5

Functions of the State Council
Secretary' or any other officer of the State Council
authorized in the like manner in this behalf.
12. (1)' It shall' be the general duty of the State Council to co-
ordinate and determine standards in institutions of higher
education or research and scientific and technical
institutions in accordance with the guidelines issued by
the University Grants Commission from time to time.
The State Council shall have the following functions,
namely:-
(i) Planning and Co-ordination
(a) to prepare consolidated programs in the sphere of
higher education in the State, keeping in view the
guidelines that may be issued by the University Grants
Commission or by the Ministry of Human Resource
Development separately from time to time and to assist
in their implementation, bearing in mind the overall
priorities and perspectives of higher education in State;
(b) to co-operate with the University Grants Commission
in respect of determination and for maintenance of
standards of Higher Education and suggest remedial
action, wherever necessary;
(c) to evolve prospective plans for development of Higher
Education in the State;
(d) to forward the development programs of Universities
and Colleges in the State to the University Grants
Commission along with its comments and
recommendation;
(e) to monitor the progress of implementations of such
developmental programs;
(f) to promote co-operation and co-ordination of the
educational institutions among themselves and explore
the scope for interaction with industry and other related
establishment;
(g) to formulate the principles as per the guidelines of the
Government and the University Grants Commission
for starting new educational institutions, keeping inview
the various norms and requirements to be filled;
(h) to suggest ways and means of mending additional
resourcesforeducationintheState;
7

Roles and Responsibilities
of Member Secretary
Funds of Council
13.
research needs ofthe State. (iii) regarding improvement
on the laws relating to the Universities including laws
relating to the establishments of new Universities. (iv)
on the policy of earning "while learning", (v) towards
performing any other functions necessary for the
furtherance of higher education in the State;
(b) to advise the Universities to make new Statutes,
Ordlriance s or Regulations on the basis of the
respective university Act or to amend the existing
Statutes, Ordinances or Regulations where necessary,
keeping in view the various norms and requirements
to be fulfilled.
The Member Secretary shall-
(a) call the meeting of the State Council as and when
required; prepare the agenda for the meeting, record
the minutes and proceedings of the State Council
meetings;
(b) do the correspondence with all the concerned for
smooth functioning of the State Council;
(c) issue of directives/circulars as advised by the State
Council;
(d) manage the State Council funds, maintain the fund flow
statements, prepare statutory financial statements with
the approval of State Project Director (RUSA);
(e) report to authorities of the State Council;
(f) do any other matter, as may be advised by the State
Council.
14. (1) The State Council shall have its own Fund to be called
the Sikkim State Higher Education Council Fund
(hereinafter referred to as the fund) consisting of the
grants from the Government, grants received from the
Central Government or from the UGC for higher
education and such other funds as may be received
by the State Council from any other source.
(2) The Government may pay to the Stat.eCouncil in each
financial year such sum as may be considered by the
Government to be necessary for the functioning of the
State Council.
9

Annual Report
Books of Accounts, Audit and
Statutory Reports
Furnishing of Returns to the
Government
Inspection and Enquiry
17, The State Council shall prepare an annual report once
in every year, in such form and at such time as may be
prescribed, giving a true and full account of its activities
during 'the previous year, and copies thereof shall be
forwarded to the Government, and the Government
shall cause the same to be laid before the State
Legislature, A copy of the report shall also be sent to
the University Grants Commission,
18. (1) The State Council shall maintain such books of account
and other books in relation to its accounts in such form
and in such manner as may be prescribed.
(2) The State Council shall, as soon as may be after closing
its annual accounts, prepare a statement of accounts in
such form, and forward the same to the Government by
such date, as the Government may determine,
(3) The accounts of the State Council shall be audited by
such authority, at such times, and in such manner, as
may be prescribed,
(4) The annual accounts of the State Council together with
the audit report thereon shall be forwarded to the
Government and the Government shall cause the same
to be laid before the State Legislature, and shall also
forwarded a copy of the audit report to the State Council
for taking appropriate action on the matters arising out
of the audit report,
1g, (1) The State Council shall furnish to the Govemment such
retum or other information with respect to its property or
activitiesasthe Govemment mayfromtimetotime require,
(2) The State Council shall be competent to seek such
returns, report and information from any University or
College as it may consider necessary for the
performance of its functions.
20, (1) The Government shall have the right to cause an
inspection to be made by an officer, not below the rank
to Joint Secretary to the Government, authorized by it,
of the State Council and also to cause an enquiry to be
made into the work done bythe State Council in respect
of any matter entrusted to it. The Government shall in
every case give notice to the State Council of itsintention
to cause such inspection or inquiry to be made the State
Council shall be entitled to be represented there at. The
officer making the inspection or inquiry shall inform the
Government of the results thereof.
1I

(a) requlatinq- the. meeting of the State Council and the
procedure for conducting business there at under
section 7, and regulating the manner in which and the
purposes for which persons may be associated with
the council under section 9 of the Act.
(2) No regulation shall be enforced under this section
except with the previous approval of the Government.
Power to remove difficulties 24. If any difficulty arises in giving effect to the provisions
of this Act, the Government may by order, published in
the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as appears
to be necessary for removing the difficulty.
(Lakchung Sherpa) SSJS
L.R.-cum-Secretary,
Law Department.
S.G.P.G. -116 I Com. 61Gazette 1200 Nos.! Ot:-1B.04.2016.

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