The KHANGCHENDZONGA BUDDHIST UNIVERSITY, SIKKIM ACT ACT, 2020

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ThursdaY 08th October, 2020 No, 233
Gangtok
No^15/LD/2020
The following Act Passed
of the Governor on 21"t daY of
BUDDHIST UNIVERSITY, SIKKIM ACT, 2O2O
(ACT NO.15 OF 2o2o)
AN
ACT
to establish and incorporate a Buddhist University in the state, with emphasis on
providing innovative and high quality programs and-training in Buddhist studies' Education'
Vocational Domains, Liberal Arts, Sociai Sciences, Science and Engineering Hospitality and
Tourisrn, Architecture, Medicine and related areas and to provide for matters connected
therewith or incidental thereto'
ge it enacted by the Legislature of Sikkim in the Seventy-lirst Year of the Republic of
lndia as follows :
Chapter I
PreiiminarY
1.(1)ThisActmaybecalledtheKhangchendzongaBuddhist
UniversitY, Sikkim Act, 2020.
(2) lt shall come into force on such date as the state Government
may, by nottfication, in the Official Gazette, appoint'
2, ln this Act, unless the context otherwise requires '
(a) "Act" refers to the Khangchendzonga Buddhist University, Sikkim
Act, 2020;
(b) "Administrative Staff" means all non-teaching employees of the
University; 
,
GOVERNMENT CF SIKKIM
LAW DEPARTMENT
GANGTOK
Date: 07,10,2020
NOTIFICATION
bythesikkimLegislativeAssemblyandhavingreceivedassent
September. , 2o2o is hereby publlshed for general inf ormation :.
KHANGCHENDZONGA
i
rt
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\
Short Title
and
Commencement
Def inition
(d)
(e)
(f)
(g)
(h)
o
(j)
(k)
(c) "Affiliated college" means a college or an University which is
affiliated to the UniversitY;
"Annual Meeting" means the open meeting for stakeholders as
referredtoinciause(m)ofsub-section(1)ofsectionlToftheAct;
"Annual Report" means the Annual report of the University as
referred to in section 36 of the Act;
"Authorities" refers to groups officially named as authorities' as
listed in chaPter 3 of the Act;
"Board of Governors" means the Board of Governors of the
University constituted under sections 16 and 17 of the Act;
..BoardofoverseerS,,meanstheBoardofoverseersofthe
University consiituted as per item (i) of the clause (c) of the sub-
section (1) of the Section 17 of the Act;
,,Board of Management" means the Board of Management as
listed in section 18;
,,Board of studies" means the committee created within a
particular school or college of the university for development and
continued improvemeni of programs and curriculum of ihat
college;
,,centre,, means a centre established or maintained by the
University in any place in state of sikkim for the purposes of
coordinating and supervising the work of Centers in such place or
region and for performing such functions as may be conferred on
sulh Centre by the Board of Governors, in compliance with the
laws of the State;
,,chancellor" means the chancellor of the University as under
section 25 of the Act;
"Chief Finance Officer" or "CFO" or "Finance Officer" means the
Chief Finance Officer of the University as under section 28 of the
Act;
"Constituent College" means a college or an University maintained
by the UniversitY;
,,Dean" in relation to a constituent college, means the Head of the
constituent college and includes; where there is no Dean, the
Vice-Dean or any other person for the time being appointed to act
as Principal;
,,Distance Education system" means the system of imparting
education through any rneans of information technology and
communication such as multimedia, broadcasting, telecasting,
online over internet, cther interactive methodS, e-mail, internet,
computer, interactive talk back, e-learning, correspondence
CoUfse, seminar, contact program or a combination of any two or
more of such means;
0
(m)
(n)
(o)
(p)
az
(q) ,'Donor Fund" means the donor fund of the University established
under section 33 of the Act;
(r) "Ernployee" means a full-time or part-time employee appointed by
the University and includes lopons and other staff' of the
University or of a constituent college'
(s) "Faculty" means a teaching facuity of the University;
(t) ,,Fee" means collectton made by the Unlversity fron-r the siudents
bywhatevernameiimaybecalledforthepL]rposeofimparting
education or any activity connected therewith;
(u)..Financia|-aidpoliCy,,meansthepolicyfordeterminingthe
amount of waivers on various fees a student pays to attend the
U niversitY;
(v) ,,Founding Executive Team,,meanS the Founding Executive
Team estab!ished under sub-section (1) of section 41;
(w) "Generai fund" means generai fund of the University establrsneci
under section 35 of the Act;
(x) ,,Government" means the Govei'nment of the state of sikkim;
(v) ,,Gyana Sabha" means the Gyana Sabha or Academic council
as constttuted under section 19 of the Act;
(z) ,,Higher education" means study of a curriculum or course for
the pursuit of knowledge beyond 10+2 level;
(aa) ,,Hostel" means a unit of residence, by whatever name called,
students of the University provided, maintained or recognised
it;
(bb) "Lobsang sabha" means the Lobsang Sabha as constituted
under section 20 of the Act;
(cc) ,,Lopon,, means a Professor, Associate Professor, Assistant
proiessor/Lecturer or such other person as may be appointed
for irnparting instruction or conducting research in the University
or in a conslituent college or University or for giving guidance to
students for pursuing any course of study of the University and
are designated as lopons by the regulations; and includes the
Principal of a constituent college or University;
(dd) "Prescribed" means prescribed by the regulations and the Rules
made under this Act;
(ee) ,,Registrar" means the Registrar of the University appointed
under section 27 of the Act;
(ff) "Regulations" mean the regulations made under this Act;
(gg) "Rules" means the Rules of the University made under this Act;
(hh) "School" means a school of studies of the University;
Ior
by
3
(ii) "sponsor or sponsoring body" in relation to a University means
Denjong charities, a public charitable Trust registered in Gangtok
in 1998,
(jj) "State" rrlear)s the State of Sikki;tr;
(kk) "state Fund" means the state Fund established in section 31;
(ll) "state Government" rneans the State Government of Sikkim;
(mm)"Student of the Lrniv.ersity" means a person enrollec in the
University for iakrnc a course of study for a degree, diplorna or
other academic rJistinction duly instituted by the Unrversity
inoluding a researcn ce0ree,
(nn) "Universit5i" r.l:eans l(naltgchenclzonga BuCdhist University,
established unoer thrs Act;
(oo) ,,Vice-Chancellor" means the Vice-Chancellor of the University
apoointed uncjer section 26 of the Act;
(pp) .,Visitor,, meanS the Governor of Sikkim aS per section 24.
Chapter ll
The UniversitY and it's Objects
Establishment of 3. (1) There shall be a University by the name of "Khangchendzonga
the University Buddhist Unirrersittz"'
(2) The universitv shali b e a b.tdy ccrporate having perpetual
sr.lccession anc a common seal and shail sue and be sueo by
the saio name"
(3) Sponsoring body wili orovide for:
(a) a minimum o{ 10 acres of ccntiguous la;'rd to the Universitv
on a free-noict l-,asis;
(h) req,-rired irrlrast;'ucrure in corrtpliance r,vith the rninimum
requiremer't s,-recrified hy airpiicable regulat'orv bodies for the
specific programs oifered bV lhe University;
(c) a deposit of lNil 1 (one) crore with the secretary, Education
DePartment, Government of Sikkim;
(d) apooint the required number of faculty and staff membei's in
each department or discipline to be started by the University,
as pei. the norms of applicable regulatory bodies for the
prograrlls offered bv the University;
(e) purchase adequate equipments, crlmputers, furniture, other
moveable and inrmo,ieable assets and infrastructure facilities
(other than buiidin,Ss, reierred to irr clause (b) of sub'-section
(3) of section 3 above) as per the norms of applicable
regulating br-rdles;
(f) purchase adequate numbei' of books and ;ournals as per the
1-1e1,[r]s of regulating bodtes, so as to make the library facilities
adequate foi contertrp.rary isachin, ano rgsearch; and
:! ''
University to be
self-f inancing
Constituent and
affiliated colleges
Objects of the
University
4
5
(g) undertake co-curricular activities like seminars, debates, quiz
programs and exlra-curricular activities like games, sports,
National service scheme, for the benefit of students as per
the norrns laid down by the regulating bodies'
(4) on the establishment of the University, the land and othe.r
movable and immovable properties acquired, created, arranged or
built for the purpose of the university shall vest in the University'
in" t"na, building and other properties acquired for the University
shall not be'usel for any purpose other than that for whlch the
same is acquired
(5) (a) The sponsoring Body shall set-up the Authorities and prepare
ihe regulations as per Transitory Provisions in section 41; and
(b) upon its creation, the Board of Governors shall be the
supreme authority of the University.
The University shall be self{inancing and shall not make a demand for,
but may receive, any grant aid or any other financial assistance from
the State Government or any other body or corporation owned or
controlled by the State and/or Central Government and by any other
legal source of assistance,
(1) The University may have constituent colleges, regional centers
and studY centers,
(2) The University may affiliate study centers, collqges, institutions o.f
higher learning or studies within the State of Sikkim with approval
from the state Government and in compliance with the laws of
the applicable regulatory bodies.
(1) The objects of the University shall be to promote knowledge,
understanding and growth in all members of the community by
providing reflective educational opportunities, as well as research
opportunities, aqd by promoting and creating innovative
educational models'in higher education.
(2) The University shall pioneer an approach of intentional hybridity'
where perspectives, approaches and tools from a wide variety of
Sources from all over the world shall be gathered, discussed and
thoughtfully selected and arranged to create a culture of joyful
learning. The Unive;sity shall, in organising activities, have due
regard to the following objects which the creators have deemed
essential to the highest quality educational experience, namely :'
(a) Universal ldeals of Buddhism as a Guiding Force:
(i) to cultivate, explore and study the wisdom philosophy of
the Buddha, ancient and modern, with humility and for
the benefit of all sentient beings;
(ii) to reflect on the Buddha's teaching and their application
to the modern world;
b
(iii) to make ,the Buccha dhar,ra ohilosophy accessible to youth in
Sikkim, !ndia and the world,
(iv) to ensure the University community is guided by the following
principles:
(i) Rang Sem Rang-ki Tawa: translates as 'Your Mind, Yours
to observe'. we understand this to mean that one should
look at one's own inind to find wisdom'
(ii) Karuna: transiates as 'compassion'. we understand this to
mean that one should have compassion, empathy ior all
senttent beings.
(iii) Lay-Guydray: transiates as the law of 'cause and eff ect'.
we understand this to mean that there is the principle of
cause and effect, action and its results that defines the
order of ihings in the world'
(iv) samaya: iranslates as 'sacred bond'. we undei'stand this to
mean that ihere is a sacred br-rnd between oneself ano
others parents, ic,nons ancj triencis.
(b) lvlission ernd eiucaiionai nnrl,rscr-rh'l shall be '
(i) to empov,er ano orepare students to t'ar:sform their own
lives and professiorts through an education that makes
breakthroughs Possibie;
(ii) to create a 'learning-centric' community where everyone,
young and oicj, loca! and foreign, lopon, student and
facilitator, shall be treated as a learner with inrmense
potential, both for self-growth and to calalyze the growth of
others;
(iii) to create a Iearning t-,rniversity based in the vaiue of
compassion foi. the struggle of personal and cornmunity-
wide transformattoni
(iv) to create a new model of higher education in a way that is
meaningful and impactful and that inspires the development
of other UniversitYl
(v) to ensure thai qurallty lriqher eduqation should be a''.ratlable
tc ali thrlsie r.triic 3,e able to Senei'it fronr it' including by
ser'/ino thr:l;e whi,i ha'lc beert historicalilr underserved andi
o1. p.i;rQl11&l;zeci in 3li<f<inr ai-id lndia: tirosr-: rrulro either ciid noi
have access to hrgltsr ecjucatibn, who did not feel it was
relevant cr w'ho reiuse to confolm to the current system;
(vi) to iocus on the improvernent of the social and economic
welfareofthepeopleofSikkimandlndiaaswellas
promotetheirintellectual,academicandculturalgrowth;
(vii) to seek common fellowship with other cultures frcm around
the world through dialogue, rneditation and inquiry;
6
(viii) to promote fundamental skills iike reading, critical thought,
discussion, writing and conducting research, all which are
embedded in curriculum;
(ix) to encourage great transformation for students by learning
f rom the expertise of educators in lnota anci aroun0 tne
world; and
(x) to culiivate karuna and samaya and thus to enable the
community to appreclate the sacred bonds wrthin the
school, within Sikkim and with peoples worldwioe'
(c) institutional focus shall be -
(i) to marntain academic freedom and innovative researcn.
s c h o I a rs n i p---------------- a n d ie ac h i n g,
(ii) to taKe approoriate measures for promotlng high-quality
approaches in the educational process an0 in
interdisciPlinarY studies;
(iii) to achieve equality of opportunity and diversity throughout
the UniversitY;
(iv) to create ancj sustain a campus with internationai standards
of educatlsn;
(v) to creare ceniers of excellence with state of the art facrlities;
(vi) to cari-y out teaching and research and offer continuing
education Programs;
(vii) to innovate pedagogy, learning tools and technologies that
encourage student engagement with their own learning
p rocess;
(viii) to support international educational standards of learning
within the UnrversitY;
(ix) to establish Iinks witn industry and society so that the
programs so offered are reievant to society at large;
(x) to open study centers, off-campus within or out of the State
of Sikkim with approval from the State Government and in
compliance with the laws of the applicable regulatory bodtes
and concerned State Government(s);
(xi) to collaborate with any organization, institution or association
in lndia or abroad; and
(xii) to design develop and offer educational, ti'aining and
exchange programes for students, faculty members and
others.
(d) Administration of the University shall be -
(i) to provide examinations and confer degrees, diplomas and
other academic distinctions or titles onto those people,
subject to the conditions as the University may determine;
-7-
(ii) to issue certificates, qualification levels and other academic
recognitions, as the University may detei'rnine; and
(iii) to ensure tnat the standard of degrees, diplomas,
certificates and other academic distinctions meet the
minimum standards laid down by the applicable regulatory
authorities of the state of sikkim and the Government of
lndia.
(e) Governance slraii i:e -
(i) to protect the coliactive student interest through good
governance,
(li) to provide full ancj transparent accountability for public and
all other funcling:
(iii) to provide accurate and transparent information that is
publicly accessible, but maintains reasonable individual
PrivacY and obeys relevant laws;
(iv) to set high standards of governance and accountability for
its stakeholders;
(v) to create a professional environment where the authorities
andofficersoftheUniversitydevelopashared
under.standingg{theUniversity,sgoVernanCeand
operationaIexpectationsandhowtheywishtopromote
those exPectations; and
(vi) to pursue any other objective as may be aporoved by the
Board of Gotzernors.
Powers of the The University shall axercrse tl'e following pov/ers and perlorm the
University , fcilowing functions 626rely '-
(a) to make the ruies ant: regulations,
(b) interpret this Act, and all ruies and regulations herein and notified
in the future;
(c) establish, administer and manage the University and its
constituent colleges, schools, institutes and centers for research,
education, tralning, extension and outreach;
(d) affiliate study cenrers, colleges, institutions of higher learning or
studies within the State of Sikkim with approval from the State
Government and in ccmpliance with the laws of the applicable
reEulatory bodies,
(e) offer a reflective education model, as set out in the objects, that
is inclusive of ali learning styles and create an educationai
environment that is toil6isive to the pursuit of reflective learning;
(f) sponsor and r;ndertake:esearch and educational orogran:s in
lpdia or culsio€ in ihi; apirro,recJ fielcls of education and o[rtatn the
intelleotuai pi'cpoit','r'lgilrs for such researcli or anir other
researc h;
(s)
(h)
0
(i)
(k)
o
(m)
provide cutting-edge opportunities for research in higher education
inClUding training and oulreach in the field of education;
offer joint programes in collaboration with national and international
Universities, ind acquire membership of bodies, authorities, or
associations, in such manner and for such Purpose as the
University may determine by the regulations;
create an incubator of international partnerships in furtherance of
the objects of the UniversitY;
hold examinations and confer degrees, diplomas and other
academic distinctions or titles on Persons subject to such
condition as the University may determine and to withdraw or
cancel any such degrees, diplomas and other academic
distinctions or titles in the manner specified under this Act;
confer honorary degrees or other distinctions in the manner
provided by the regulations;
create such teaching, administrative and support staff and other
academic posts as may be required by the University and to
appoint persons to such Posts;
create and institute professorships, associate professorships,
assistant professorships, lectureships, and any other teaching,
academic or research posts and to prescribe by the Flules the
qualifications for the persons to be appointed to such posts;
appoint Visiting Professors, Emeritus Professors, Fellows,
scholars, Resident Artists, Resident writers or such other
persons who may contribute to the achievement of the objects of
the University;
(o) provide for the terms and conditions of service of emptoyees;
(p) regulate the conduct and duties of the employees of the
UniversitY;
regulate and enforce discipline among the employees of the
University and to take such disciplinary measures in this regard
as may be deemed necessary;
make arrangements for promoting the professional development,
the health and the general welfare of the employees of the
University;
determine standards of admission to the University or a
ConstituenUAffiliated College, Regional Centers, Study Centers;
establish new standards and assessment tools for secondary
schools and higher education and create organizational
mechanisms to implement, improve and share them;
institute and award fellowships, scholarships, prizes, medals and
other awards, including the creation of financial mechanisms and
instruments for students to fund their education;
(n)
(q)
(r)
(s)
(t)
(u)
9
(v) regulate the expenditure, manage the finances and maintain the
accounts of the UniversitY;
(w) fix, demand and receive or recover fees and such other charges
as may be prescribed by the regulations;
(x) receive funds, voluntary donations and gifts oi any kind from
persons, businesses and any other sections of society, national
and international;
(V) acquire, hoid, manage, maintain and dispose of any movable or
immovable property, including endowment properties for the
purpose of the t-,lniversity or a constituenvAffiliated college or a
b"rpr., Regional Centre, Study Centre, that are from donors
within and outsioe lndia, in accordance with lndian law and the
laws of the resPective countries;
(z) purchase or to take on lease or accept as gifts, bequests,
iegacies or othenrvise 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 think fit and proper and to
construct or alter and maintain any such building or works;
(aa) raise and borrow money on bond, morlgages, promissory notes or
other obligations or securities founded or based upon all or any of
the prooLrties and assets of the University or without any
securities with the prior permission of the Board of Governors anC
upon such terms and conditions as it may think 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;
(bb) invest the funds of the University in or upon such financial
instruments and transpose any investment from time to time with
the prior permission of the Board of Governors in such manner
as it may deem fit in the interest of the University;
(cc) execute conveyances regarding transfers, mortgages, leases,
licenses, agreements, and other conveyances in respect of
property, movable or imrnovable including Government securities
belonging to the University or to be acquired for the Purpose of the
Univeisity with the prio; permission of the Board of Governors;
(dd) create academic, technical, administrative and other posts
prescribing qualifieatioris by the regulations and rules and to make
appointments thereto;
(ee) institute and maintain hostels and recognize places of residence
for students of the University or a constituent college at the main
campus or in neighboring areas and other campuses in lndia and
abroad;
(ff) delegate all or any of its powers to any officer or authot'ity of the
UniversitY; and
- l0 -
(gg) do all suclr acts and things as the University may consider
neCeSSafy COndUciVe Or incidental to the attainment or
enlargement of all or any of the objects'
school of studies 8. (1) There shall be such a number of Schools of Study as determined
bY the Board of Governors'
(2) University shall start with the following schools, namely :-
(a) School of Buddhist Philosophy, which shall cultivate, explore
and study the wisdom of the Buddha, ancient and modern,
withhumilityandJorthebenefitofalIsentientbeings;
(b) lnstirute of Advancecj Skills, which shall develop reievant
skills, mindfulness and soctai aWareneSS ior eager, non-
traditionai siudents and loPons:
(c) schooi of innovative Education, which shall inspire and
create innovative, relevant ano evidence based pedagogy,
policy and leadership in eoucation through inquiry, reflection,
and intenttonal nYbriditY.
Recruitment of 9, The University shall recruit faculty from lndia and around the world on
Faculty a merit based system and in alignment to its vision and mrssion and as
may be prescribed per the prescribed rules.
Admission to the 10. The University wilt enroll students from lndia and around the worlo on a
University merit based system and in alignment to its vtsion and mission as per
the rules.
Reservation for lt, (1) The University shall reserve 10 (ten) % of its seats across all
Sikkim Students programs for Sikkimese domicile students'
(2) Admission shall be merit based.
(3) Once accepted, Sikkim domicile students shall have access to
need-based scholarships for financially-qualifieo students and
merit based scholarship as provisioned in the ftnancial-aid policy
of the UniversitY
Jurisdiction 1 2. The jurisdiction oi the University shall extend to the State of Sikkim as
well as to all Campuses and Centers established within the State of
sikkim under this Act, subject to the applicable laws and norms.
University open 13. The University shall be open to all persons irrespective of gender,
to all caste, place of birth, sexual orientation, identity, creed, disability,
ethnicity or socio-economic background:
Provided that nothing in this section shall be deeme0 to prevent
the University from making special provisions for admission to siudents
of the State.
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University to be a 14. (1) The University shall be a not-for-profit legal entity.
Not-for-profit e) No portion of the surplus in revenue of such university, if there is
Entity any after meeting all expenditure in regards to its operations
under this Act, shall be invested for any puroose other than for
the growth and development of this University or for conducting
research rvithin thp i.jnrvarsitv.
Accreditation 15 (1) The University shaii seek reputerJ international accreditation. lt is
of utmost importance that the accreditation body assess the
university baseo on international standards of educational and
oPerational best oractices
(2) The University shall seek accreditaticn from dontestic
accreditatron authorities that may be operating or nray be created
under the aegis of Government of India, as per the priorities of
the programs offered by the University'
Chapter lll
Authorities of the UniversitY
Authorities of the 16. (1) The following shall be the Authorities of the University:-
University (a) The Board of Governors; and
(b) The Board of Management'
(2) The following slrall be strategic support Bodies for the Authorities:
(a) The Gyana Sa'oira or Acaden'lic Council; and
(b) The L.obsang S.:5ha c' tlre Council of Pairr:ns/Donors,
(3) Board of Govei.nors firay create additional authorities as per the
regulations or support'rodies as per the rules, including but not
limited to :-
(a) Gcl,/ernance Co,"nrriittee;
(b) The Finance Cornrniitee;
(c) University Officer Selection Committee;
(d) SustainabilitY Committee;
(e) RegulationsCommittee;
(f) EquitY Committee:
(g) lnfrastructure Development Committee;
(h) AdmissionsCommittee;
(i) Committee for Prevention of Sexual Harassmertt: and
(j) Grievanr:e FerJressat Corrnrittee'
(4) Any Cornnrirree createrl 'o1r the Authorities of the University shall
have Dov.rrers lirai are limiiecl by the ptovision of this Act'
regulations and rules.
- 12 -
Board of 17, (1) The Board of Governors shall be the apex authority of the
Governors and its University, with its office at the University, and have the following
Responsibilities responsibilities under this Act:
and Powers (a) The Board of Governors must enable the University to
achieve and 'develop its mission, vision and objects, The
members of the Board of Governors, collectively and
individually, must act in accordance with the following
principles which should be the foundation for the Board of
Governors behaviour and its decision-making processes.
They are Duty, Self lessness, lnteg rity, Ob jectivity,
Accountability, Openness, Honesty, Leadership, Respect
and ComPassion.
(b) The Board of Governors must be involved in the
devetopment of, take responsibility for, and monitor
performance against the lnstitution's strategic plan, which
sets the aims and objectives of the lnstitution and identifies
the financial, physical and staffing strategies necessary to'
achieve these objectives. lt is also expected to approve an
annual plan that identifies those aspects of the strategic plan
being implemented in the year in question.
(c) The Board of Governors shall create a Board of Overseers
to serve in a special oversight capacity assisting the
University in f ulfilling its commitment to accountable,
transparent and diligent governance as follows :-
(i) Board of Overseers will comprise of alumni,
academiclans. and representatives of sponsors,
employees, donors, students, members of the local
community; and other stakeholders.
(ii) The responsibilities, powers, membership and selection
process of members of Board of Overseers will be
defined in the regulations. The responsibilities and
powers shall include the constituting of a committee at
least every three years to evaluate the Board of
Governors against international standards and norms of
good governance. Such a report shall be published as
per the regulations.
(d) The Board of Governors must ensure that the University
has appropriate procedures to identify and actively manage
risk which could threaten the sustainability of the Institution,
including the risk of inaction in the face of threat or
opportunitY,
(e) The Board of Governors should satisfy itself that the
University has adequate systems and practices for informing
and consulting with internal and external stakeholders in
relation to. its on-going development and any signlf icant
proposals regarding relevant University's policies,
t)
(2)
(f) The Board of Governors shail ensure legal and regulatoi'y
compliance.
(g) The Boarcj of Goveil)ors must satisfy itself that the
lnstitution's oolicies and actions are ethical and sustainabie,
taking into consideraticn their impact on the environment, on
the wellbeing of its students and workforce, including health
and safety issues and fair working practices, and on other
communities, whether local or more distant'
(h) The Boarcj of Governors shall ensure good oovernance,
which at its most basic is defined as the mechanisms and
culture of the suDreme authority of the University responstble
to simultaneousiy ensure both its long term sustainability and
the fulfillment of its mission and vision,
(i) !;centivrze checks and balanoes, trarsparency, the sharing
ol diverse ;,'sr5p6;6tives. claar decision nlaking prctocols,
continuous professicna! development and reflection on best
practice"
(j) lnstitutionalize the pi-oclivity to put the interest of the
Universit,i first" Defore both individual agendas and the
various oressure groups that will naturally form'
(k)].heBoardofGovernorsmustadoptandpubiisha
statement of Primary Responsibilities, The Statement of
Primary Responsibilities will include aspects as detailed in the
regulations,
(l) The Boar.d of Governors may delegate authority to act on its
behalf as per the provisions of this Act.
(m) The Board of Governors shall conduct at least one Annual
Meeting each year operi to all Unir.rersiiy stakeholders as
detaileo in the regulaiions.
(n) 'rhe Bcaro ii Goverr'tcri.s shorlld satlsfy itself that the
Unit,ersit','s St'-rcle;rts' Ccuncil is properl.v resoLlrced arlrj
sup;rcrterl tr f':r':utiort as an effective orgat'lisation'
The Boarcl of G,-:verncrs slrall have the poiver to :-
(a) make the presr:i'iL:eo i'ules and regulations;
(b) apooint New Go'rei'ncrs es per regulations;
(c) appoint Vice-Chancelior as per regulations;
(d) appoint Annual Auditor as per regulations;
(e) approve the Annual Budget; anC
(f) recommend dissolution of the University with consent of the
Sponsors, as per the provisions oJ this Act'
Membership of the Board of Governors: The members of the
Board of Governors shall be :-
(3)
(a) made up of alumni, members of the Board of Academicians,
and representatiVes of the SponSorS, employees, and
members of the local communltY;
(b) comPrtsed of 9 to 20 members;
(c)leobyitsCnairpersonwhoShailbeelecteobythememDei.S
of the Board itseif;
(d) eonditionalitres for creation of the Boaro of Governors snall
be defined in the prescribed rules; and
(e) comprised of ex-officro member who shail be Vice-
Chancellor.
(4) Nominees to the Board of Governors will be :-
(a)onemembernominatedbytheEducationDepartment,
Government of Sikkim:
(b) One mernber nominated by the Sponsoring Booy:
(c) At least one person well-versed in Sikkimese Budcjhist
philosophv, ready to support the tenets used to build the
University and its governance philosophy;
(d) At least two experienced academicians or administrators of
whom:-
(i) one should have worked in a reputed university abroad,
ar0
(ii) one should have worked in a reputeci untversity tn
lndia.
(e) at ieast two aiumni, one of whom has graduated within the
previous three Years;
(f) at least two employee rePresentatives of whom :
(i) one shall be a faculty member who does not hold
administrative positions, and is selected as per
regulations; and
(ii) one shall be an administrative staff memDer who does
not hold a rank of Head of Departrnent or sirniiar at the
University ano is selected as per regulations.
(g) At least two-thirds of the Board members, including the
Chair, shall have no personal or immediate familial or
financial interest in the University;
(h) All nominated members shall be on the Board on a voluntary
basis and have a non-operational role in the University;
(i) Honoraiy seats may be provisioneo as per the regulation.
(5) For Board of Governors the selection shall be defined criterra in
the regulation.
- 15 -
(6) Selection process fcr the Board of Governors shall be organised
as Per the regutattons.
(7) The ternr of the ine.noei's of tl're Board of Governcrs :-
(a) Members,r,rill have a ternn of three years and rnay have a
maximum of iwo terrns,
(b)TermsofrrremberswillbestaggeredtoenSUi.e
administrairve conti nuitY
(B) Meetings of the Boarcl of Governors shall be held regularly,
wherein the Board I
(a) shall meet quarterlY, ano
(b) may call for additional meetings, as required'
(9) Quorum of meetings of the Board of Governors shall be 2l3rd ot
the members of the Boarci.
(10) There will be Chairperson of the Board of Governoi's who shall -
(a) be the chief faciiitator of the Board of Govertrors and first
among eouais'
(b) be eler;tec iry the rnernbers of the Board of Gcvernors The
process for seleclirrg that person wilf be managed as per the
t'ogulations; alro
(c) hold the office fo: a period of three years. The ohair shall
lacilitate the n-reeting of the Board of Govarnors'
(11) The Boarcj of Gcvernors shall ensure that all changes in
regulations and rules shall be cirafted and revie\^/ed and published
as Per the i'egutations.
powers and 18. (l) Subject to the provisions of this Act, the following shall be the
functions of duty of Board of Management' as the case may be'
Board of Besponsibilities of the tsoard of Management, wiil be as per the
Management regulations and include :-
(a) be the main executive authority of the University;
(b) maintain oversight of the operations and drive continuous
improvenrent in all academic and administrative functtons
and Prooesses of the UniversitY;
(c) recomr]lend str,ategic decisionS, goals Io the Board of
Gcvern<,,rs and orrersee its successflrl execution;
(d) ensitre ali reqi;;;lLory compliance through tlre officers of the
iJ niver-siiy;
(e) rnaintain finarlcial cversigtli and control, in ac.cordance t'ttith
the annual trudget aporoved by the Board of Governors; and
(f)reviewand;.eccmmendtherecruitrrtent,appraisalsand
promotion processes of administratii.,e staff of the University
to the Board of lV'lana.gernent,
- i5 -
(2) Powers of the Board of Management shall be defined as per
reguiati0ns and shall include, but shall not be limited to ;
(a) take decisions on important matters of University operations,
inaliEnrneniwiththestrategyandgoalssetforthbythe
Board of Governors;
(b)approVetherecruitmentandappraisalofaIlfacultyand
administrativestaffmembersaSpertheregulations;
(c) sanction seats and approve the admisslon of students
across varlous programs as may be prescribed; and
(d) create committees, as provided under this Act, to manage
universitY oPerations,
(3) Membership of the Board of Management snall consist of :
(a) faculty, admrnisirators, and the Vice-Chancelior;
(b) B -12 members;
(c) Ex-officio members of the Board, which will comprise of -
(i) Vice-Chancellor as the Chairperson;
(ii) Dean of Scnools;
(iii) Chief Finance Officer;
(iv) Any other Officer, prescribed by the regulations;
(v) Registrar as SecretarY; and
(vi) Other members will be nominated as per the
regulations.
(4) Conditionalities for creation of the Board of Management shall be
as prescribed.
(5) The selection criteria ano process, terms, meetings, quorum and
selection processes of the Board of Management wili be as per
the regulattcns
Gyana Sabha or 19" (1) Responsibilities of the Gyana Sabha shail be as per the
Academic Council regulations and inciude :
(a) maintain academic oversight of the university including
continuous academic innovation;
(b) recommend strategic academic goals to the Board of
Governors and oversee its successful execution;
(c) be the custodian of the academic, intellectual environment of
the UniversttY;
(d) oversee proposals for the creation of new programs and
recommend such decisions to the Board of Management, as
per the regulations;
- 17 -
(e) approve of Board of Studies for various Schools;
(f) receive and review recommendations from Board of Studies
for different Schools: and
(g) review and recommend the recruitment, appraisals and
promotron processes of faculty from various Schools to the
Board of it'lanagement
(2) Powers of the Gvana Sabha shall be defined as prescribed anC
shall include, but shali not be limited to :-
(a) review ano reccmmenc the recruitment anc apPraisal of
facul'iv and academlc staff members to the Board of
Management' as perthe regulations;
(b) recommend the award of degrees, diplomas as per the
regulations: arrd
(c)createCcmrniitees,asperregttlations'tomanage
academics Df'ocesses.
(3) The Gyana Sabha rnav have any other power granted as per the
regulations.
(4) Membership; The Gyana Sabha constituted under this Act shall
be made uP of -
(a) faculty, Deans, Heads of centers and the Vice-chancellor;
(b) B -12 members;
(c) Ex-officio members of the Gyana Sabha shall comprise of-
(i) Vice-Chant:eilor a.s the Chaii'person; and
(ii) Dssns of Schools.
(d) other rnem'ners sha.il be noi'ninated as per the regulatiot'rs.
(5) The selection criteria attd process, terms, meetings, quorum and
selection processes of Gyana Sabha shall be as per the
regulations.
(6) conditionalities for ci'eatiort of the Gyana sabha shall be as
prescrlbed.
Lobsang Sabha 20. (l) The responsibilities of the Lobsang Sabha shall be as per the
or the Council of regulations and include -
oo'.t;:lr' '"0 (a) :1".i^::ii?':r::.:o"ice 
to Board or Governors' especiarlv
on financial matters;
(b) provide advice and guidance for the University;
(c) Prcnrote the UniversitY; and
(d) nreet with the Board oJ Go'vernors annually'
(2) Powets of the Lobsarrg Sabna shall lre to "
- t8 -
Administrative
Groups within
the University
Disqualif ications
and Removal of
Governors
Vacancies not to
invalidate the
constitutlon of or
the proceedings
of any Authority
or Body of the
University
(a) receive and review the Annual Report from BoarC of
Governors;
(b)providerecommendationstoBoardofGovernors,and
(c) elect a Chair of Lobsang Sabha.
(3) Membership, seleclion criteria, terms, meetings, quorum and
selection processes of Lobsang Sabha shall be aS pei'ihe
regulations.
(1) The tsoard of Governors, Board of ti,4anagemenl, Gyana Saoha
and the Vice-Chancelior shall have the authority to create
structures andior comrnittees that will enable the running of the
U niversitY.
(2) Such structures shall be created as per the rules and regulattons
approved by the Board of Governors,
The criteria and process for determining disqualification, removal,
resignation and deemed reslgnation to be prescribed by regulattons.
23. No act or proceedings of any authority of the University shall be invaltd
rnerely by reason of any vacancy in or defect in the constitution of,
any authority or body of the University,
21
22
Chapter lV
Officers of the UniversitY
Visitor 24 (1) The Governoi' of Sikkim shail be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons
to review the work and progress of the University and to submit a
report thereon; and upon receipt of that report, the Visitor may call
for a special Meeting of the Board of Governors to address the
rePorl.
(3) The Visitor shall also have the right to cause an inspection to be
made by such person or persons as he may direct of the
University. its buildings, laboratories and equipment an0 of any
University maintained by the University, and also of the
examinations, teaching and other work conducteci or done by the
University ano to cause an inquiry to be made in respect of any
matter connected with the University,
(4) The Visitor shall in every case give notice of cause of inspection
to the Unlversity, and the University shall be entitled to appoint a
representative who shall have the right to be present and be
heard at such inspection or inquiry.
t, -
Chancellor
Vice-Chancellor
Registrar
.Chief Finance
Off icer
(5) The Visitor rnay address the Vice-Chancellor of the University
with reference to the result of such insoection and inquiry, and
the Vice-Chanceilor shall communicate to the Board of Governors
the rriews of the \/isitor with such advice as the Visitor may offer
uPon the action to be taken tnereon,
(6) The Board ot Governor shall communicate through the Vice-
chancellor of the i-.lniversity to the Visitor such action, if any, as it
is proposed to iake or has been taken upon the result of such
inspection or lnquiry.
25, The Chancellor may be appointed by the Board of Governors ancj hisi
her duties and role shall be such as may be conferred as imposed
upon him/her by this Act or rules made thereunder'
26. (i) The Vice-Chancellor shall be the Chief Executive Officer of the
university and shail be i'esponsible for the financial and
operatio nal alf airs cf tlrer Urriversity and shall oversee all
managemeni of ihe Universi'tY
(2.) Helshe shall be the only employee of the Board of Governors and
shall be ex-officio rnember on all standing committees of the
Board of Governors as per the regulations'
(3) Apooinments, Powers and Duties of the Vice-Chancellor shall be
in such marlner and on such terms and conditions of service as
may be Prescribed bY reguiations.
27. (1) The Begistrar shali be appoiniecl on such terms and conditions as
may be prescribed by and shall report directly to the Vice-
Chancellor The Registrar shall -
(a) be the custodian of records and the common seal;
(b) have the pcwer io enter into, and sign agreements and
authenticate records on behalf of the University;
(c) exercise sucn other powers and perform such other duties
as may be prescribed or may be requirec from time to time,
bY the Vice-Chancellcr, and
(d) be bourrc io nlace before the Vice-chancellor or any cther
authority, ail such into''ma,tion and documents as may be
necessary for- the transaction of their business'
28 (1) The Chief Finance Officer shall be appointed on such terms and
conditions as may be prescribecl by the reguiaticn and shall report
directlY to the Vice-Chanc-ellor,
(2) when the cffice of the Finance officer is vacant or when the
Finance officer is, by reason of illness, absence or any other
cause, unable to oerform the duties of his ofJice, the duties of the
office shall be Performed by such a person as the Vice-
Chancellor may appoint for the purpose'
an
(3) The Chief Finance Off icer shall be ex-off icio Secretary of the
FinanCe COmrnittee, but Shall not be deemed to be a member of
such Committee.
(4) The chief Finance offlcer shall exercise generai supervtston over
the funds of tne University and snall advise it as regards its
{inancial PoltcY'.
(5) The Chief Finance officer shall have such authority and
responsibility as laid down in the regulations'
Other Officers 29, (1) The Board of Governors may appoint other Officers, as required,
and as Per the regulations'
Administrative
Bodies e) J:;#:::';J,3o,o:, .["3];li'ffi;i: ;.TiXil,: :ii,",JI;"J::
of the University shall be such as may be prescrlbeo by the
regulations,
Chapter V
Financing and Funds
Funds of the 30. (1) University shall maintain three funds created for three distinct
University Purposes, namely
(a) state Fund: A seed account used primarily to grow funds and
used as contingency purposes (including meeting statutory
dues and compliance) and justify liquidity and solvency;
(b) General Fund: A current account operated to meel tne day
to day needs of the University which will essentially be
based on annual budgets; and
(c) Donor Fund: An account accrued from private donations and
used for any purposes deemed appropriate by the board of
Governors, including development/infrastructure purposes
and to support the fulfillment of the general fund
commitments.
Deposit with 31. (1) The following shall be the sources of State Fund:-
State Fund (a) The Sponsoring Body shall deposit INR 1 (one) Crore for
the University as the State Fund with the Education
Department, Government of Sikkim, having its principal office
at Gangtck.
(b) Government shall place 25"k of income back into the State
Fund, and shall make available 75"k of income to the
University 's General Fund.
(2) Application of State Fund shall be as follows :-
(a) Except for the dissolution of the University, in no other
circumstances can any monies be transferred from the State
Fund for other purPoses.
- 21 -
General Fund
and
its Sources
32, (1)
Donor Fund
(4)
r.r. (ll
Maintenance of
Funds
(3)
34. (1)
\z)
Annual accounts 3ir, (1)
and Audit
(2)
(3)
(b) The University, if required, may use 75% of the in

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