The SIKKIM SKILL UNIVERSITY ACT, 2021

GOVERNMENT
SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gangtok Monday 20th December, 2021 No. 372
GOVERNMENT OF SIKKIM
LAW & PARLIAMENTARY AFFAIRS DEPARTMENT
GANGTOK
No. 29/L&PADl2O2'l
The following Act
assent of the Governor
information:-
Dated:-16.12.2021
NOTIFICATION
passed by the Sikkim Legislative Assembly and having received
on 9th day of December, 2021 is hereby published for general
SIKKIM SKILL UNIVERSITY ACT, 2021
(ACT No. 17 ol 2021)
AN
ACT
to provide for the establishment and incorporation of SIKKIM SKILL UNIVERSITY, in the
State of Sikkim and matters connected therewith and incidental thereto.
WHEREAS, with a view to keep pace with the rapid development in all spheres of
knowledge in the world and the country, especially in Skill Development, it is essential to
create world level modern research and study facilities in the State to provide state of the art
educational and skill development facilities to the youth at their door steps to make out of them
human resourses compatible to liberalize economic and social order of the world;
And whereas, it is expedient to provide for the establishment incorporation and regulation
of Sikkim Skill University for the development and advancement of higher education, skill
development, entrepreneurship development, vocational education, Life Enrichment courses and
research through formal, non-formal and online education mode in the field of Hospitality and
Tourism, Building construction and Real Estate, Business and Commerce, Textile and
Garments Technology, Basic and Applied Sciences, Artificial lntelligence, Event Management,
Blockchain Technology, Horticulture, Animal Sciences, Pharmacy, Nursing, Education,
Biotechnology, Languages, Power, Security and Surueillance, Healthcare, Gem and Jewellery,
lndustry Safety and other fields sponsored by the K.V.N" Skill Foundation, Delhi (lndia).
And whereas, the K.V.N. SKILL FOUNDATION, DELHI, a Non-Profit organization
registered under lndian Trusts Act, 1882 having its registered office at Delhi is engaged in the
field of education by way of imparting education in various discipiines;
Now, therefore, be it enacted by the Legislature of Sikkim in the Seventy-second Year
of the Republic of lndia, as follows:
CHAPTER 1
PRELIMINARY
Short title, 1. (1) This Act may be called the Sikkim Skill University Act, 2021.
extent and
commencement e) lt shall extend to the whole of the State of Sikkim.
(3) lt shall come into force on such date as the State Government
may by notification in the Official Gazette, appoint.
Definitions 2. ln this Act, unless the context otherwise requires:
(a) "Academic Council" means the Academic Council of the
University;
(b) "Act" means The Sikkim Skill University Act, 2021
(c) "Affiliated College" means a college or an institution which is
affiliated to the University;
(d) "AlU" means Association of lndian Universities;
(e) "Annual Report" means the Annual report of the university as
referred to in Section 42 of the Act;
(0 "Authority" means the authority of the University;
(g) "Board of Management" means the Board of Management of the
university as constituted under Section 21 of the Act;
(h) "Campus" means the area of university within which it is
established;
(i) "Chancellor" means the Chancellor of the University appointed
under Section 12 of the Act;
0) "DC!" means Dental Council of lndia;
(k) "Dean" means head of a Faculty of the University;
(l) "DEC" means Distance Education Council;
(m) "Distance Education System" means the system of imparting
education through any means of information technology and
communication such as multimedia, broadcasting, telecasting,
online over internet, other interactive methods, e-mail, internet,
computer, interactive talk back e-learning, correspondence course,
seminar, contact programmes or a combination of any two or
more of such means;
(n) "Employee" means an employee appointed by the University, and
includes teachers and other staff of the University or of a
constituent college;
(o) "Endowment Fund" means the endowment fund of the University
established under Section 47 o'fthe Act;
(p) "Examination Centre" means an examination centre established
or recognized by the University for the purposes of conducting
examination of full time, part time, online education and external
students registered with the University;
(q) "Faculty" means a Faculty of the University;
(r) "Fee" means collection of money made by the University from
students for the purpose of any course of study and incidental
thereto, in the University;
(s) "Finance Committee" means the Finance Committee of the
University;
(D "General fund" means a general fund of the University
established under Section 48 of the Act;
(u) "Governing Body" means the Governing Body of the university
constituted under Section 20 ol the Act;
(v) "ICAR" means the lndian Council of Agricultural Research, a trust
registered under the lndian Trusts Act, 1882;
"lNC" means the lndian Nursing Council;
"lnternship" means on-job training, apprenticeship, or a
professional training of students with academic studies;
"lnternship Campus" means a centre established, maintained or
recognized by the University for the purpose of lnternship and
Training or for rendering any other assistance including conducting
contact classes and administering examinations required by the
students;
(z) "NMC" means the National Medical Commission;
(aa) "NCTE" meanS the National Council for Teacher Education;
(bb) "Notification" means the notification published in the Official
Gazette;
(cc) "Off-Campus" means a Campus of a University established
by it outside the main campus (within or outside the state)
operated and maintained as its constituent unit, having the
University's complement of facilities, faculty and staff;
(dd) "Official Gazette" means the Official Gazette of Sikkim;
(ee) "Off-Shore Campus" means a Campus of a University
established by it outside the country, operated and
maintained as its constituent unit, having the university's
complement of facilities, faculty and staff;
(w)
(x)
(v)
(ff) "PCl" means Pharmacy Council of lndia;
(gg) "Prescribed" means prescribed by the Statutes, Ordinances,
Regulations or the rules made under this Act;
(hh) "Principal" means the Head of the constituent college and
includes, where there is no Principal, the Vice-Principal or
any other person for the time being as appointed to act as
Principal;
(ii) "Regional Centre" means a centre established or maintained
by the University for the purpose of coordinating and
supervising the work of Study Centres in any region and for
performing such other functions as may be conferred on
such centre by the Board of Management;
(jj) "Registrar" means the Registrar of the University appointed
under Section 12 of the Act;
(kk) "Sponsoring Body" in relation to this Act means the KVN
Skill Foundation, Delhi;
(ll) "Skill Centre" means a skill centre which provides skill
development and vocational education programs to students,
youth and other stakeholders;
(mm)"State" means the State of Sikkim;
(nn) "State Government" means the State Government of
Sikkim;
(oo) "Statutes", "Ordinances" and the "Regulations" means
respectively, the statutes, ordinances and regulations of the
University made by it under this act:
(pp) "Study Centre" means a centre established, maintained or
recognized by the 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;
(qq) "Teachers" means a Professor, Associate Professor,
Assistance Professor/Lecturer or such other person as may
be appointed for imparting instructions or conducting
research in the University or in a constituent college or
institution and includes the Principal of a constituent college
or institution, in conformity with the norms prescribed by the
University Grants Commission;
(rr) "UGC" means the University Grants Commission established
under the University Grants Commission Act, 1956;
(ss) "University" means the Sikkim Skill University, established
under this Act, within the meaning of University Grants
Commission Act, 1956;
(tt) "Vice-Chancellor" means the Vice-Chancellor of the
University appointed under Section 14 of the Act;
Objects of the
University
(uu) "Vocational Education" means such education that
prepares a person to work as a technician in a trade, craft,
or in support role in professions such as engineering,
accountancy, nursing, medicine, architecture, law, etc.
CHAPTER - 2
THE UNIVERSITY AND ITS OBJECTIVES
3. The objects of the University shall include,-
(a) to emerge as one of the foremost institution of quality in skill
education recognized by industry, nationally and internationally;
(b) to develop qualified youth with skill proficiency and competency at
different levels as per National or State qualifications of skill
education;
(c) to establish facilities for education and training;
(d) to promote skill education in an integrated and holistic manner
with higher education pathways for progression and mobility;
(e) to carry out teaching, research and offer continuing education
programmes;
(f) to create centres of excellence for research and development,
relevant to the needs of the State and for sharing knowledge and
its application;
(g) to establish campus in the State;
(h) to establish examination centres;
(i) to institute degrees, diplomas, certificates and other academic
distinctions on the basis of examination or any other method of
evaluation while doing so, the University shall ensure that the
standards of degrees, diplomas, certificates and other academic
distinctions are not lower than those laid down by the regulating
bodies;
0) to set up campus centres, subject to applicable rules or
regulations;
(k) to engage in areas of specialization with proven ability to make
distinctive contributions to the objectives of the University
education system that is academic engagement clearly
distinguishable from programmes of an ordinary nature that lead to
conventional degrees in skill education, vocational education, arts,
science, engineering, medicine, dental, pharmacy, management
routinely offered by conventional institutions;
(l) to provide opportunities for flexible learning systems and skill
development;
(m) to frame credit framework for competency based skill and
vocational education;
(n) to exchange expertise and best practices in support of skill
developments efforts with any other college, institution,
organization, university, etc;
(o) to disseminate knowledge or skill through seminars, conferences,
executive education programmes, community development
programmes, publications and training programmes;
(p) to undertake programmes for the training and development of
faculty members and teachers of the University and other
institutions;
(q) to undertake collaborative research with other organizations;
(r) to create entrepreneurs by providing necessary skill and support;
(s) to establish broad-based, and viable under-graduate, post-graduate
and research programmes in several disciplines with firm
interdisciplinary orientation and linkages;
(t) to create an lndustry Academia partnership by inviting industry
and institutions for mutual benefits; and
(u) to pursue any other objects, as may be prescribed.
lncorporation
University to be
self-financed.
No Power of
Affiliation
4. (1)
(2)
(3)
There shall be established and incorporated a University by the
name of the Sikkim Skill University at Sikkim.
The University shall situate and have its headquarters in the
Namthang, Rateypani, South Sikkim.
The first Chancellor and the first Vice-Chancellor of the University
and the first members of the Governing Body, Board of
Management and the Academic Council and all persons, who may
hereafter become such officers or members, so long as they
continue to hold such office or membership, are hereby
constituted a body corporate by the name of the Sikkim Skill
University, Sikkim.
The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
The University will have Centres of Excellence for promoting
professional and vocational education in and outside the country
through formal, informal, face-to-face, regular, research, industry
integrated, part-time, open, online and virtual education modes.
(4)
(5)
5. The University shall be self-financing and shall not be entitled to
receive any grant or other financial assistance from the State
Government.
6. The University shall have no power to affiliate or othenruise admit to its
privileges any other institution.
6
Powers of the
University
7. The University shall have the following powers, namely:-
(1) to establish, maintain and enforce rules determined by the
University from time to time in the manner laid down by the
Statutes, Ordinances and Regulations;
(2) to carry out all such other activities as may be necessaty or
feasible in furtherance of the object of the University;
(3) to confer degrees, diplomas, certificates or other academic
distinctions that conform to National Skill Qualification Framework
on the basis of examinations, evaluation or any other method of
testing in accordance with the Statutes, UGC, Statutory Bodies
and to withdraw any such diplomas, certificates, degrees or other
academic distinctions for good and sufficient causes;
(4) to institute and award fellowships, scholarships and prizes in
accordance with the Statutes;
(5) to organ[ze and to undertake extra-mural studies and extension
service;
(6) to confer Pre-University Certificate, Associate, Bachelor, Master
and Doctorate Degrees or other academic distinctions in the
manner and under conditions laid down in the bill;
(7) to hold examinations to grant diplomas, pre-university certificates
and to confer degrees or other academic distinctions and on
person who:
(a) have pursued a course of study in the University or
under online education system;
(b) have carried on research in the University or in the approved
institutions or as an external student or under work integrated
learning system; or
(c) have successfully completed an internship course or practical
training under the conditions prescribed by the regulations.
(8) to provide online education in such subjects and in such manners
as may be specified by Academic Council of the University,
provided that the University may for this purpose establish a
resource centre and collaborate with service providers in various
parts of the country and in conformity with the rules and
regulations of UGC and State Government;
(9) to launch academic and research programmes and courses, other
disciplines of education deemed suitable;
(10) to determine, demand and receive fees, bills, invoices and collect
charges to fulfill the objects of the University, as the case may
be;
(11) to determine the conditions for working in any other university or
organization having specific knowledge, permanently or Ior a
specified period;
(12) to make provision for extra-curricular activities and training for
students and employees;
(13) to appoint the faculties, teachers, officers and employees of the
University;
(1a) to co-operate, collaborate or associate with any other institution,
industry or any other body for such purpose as the University
may determine;
(15) to establish study centres, skill centres and maintain schools,
institutions and such centres, specialized laboratories or other
units for research and instructions as are in the opinion of the
University, necessary for the furtherance of its objects;
(16) to receive donations and gifts of any kind with prior approval of
the State Government, to acquire, hold, manage, maintain, lease,
mortgage and dispose of any movable and immovable property,
including trust and endowment properties for the purpose of the
University or a Constituent College with the consent of the
landowner subject to the relevant laws of the State;
(17) to establish and maintain halls and to recognize places of
residence for students, officers, teachers and employees of the
University or a constituent college or of any other main campus
and other campuses within the territorial jurisdiction;
(18) to supervise and control the residence, and to regulate the
discipline among the students and all categories of employees and
to lay down the conditions of service of such employees,
including their Code of Conduct;
(19) to create posts of academic, administrative and support staff, and
other necessary posts;
(20) to co-operate and collaborate with other Universities and
institutions in such manner and for such purposes as the
University may determine from time to time;
(21) to offer regular, distance learning, continuing education, industry
integrated, collaborative industry-based education programmes:
Provided no distance learning programmes leading to a
Bachelor's or Master's degree shall be started before at least two
batches of students have passed out in the regular mode or five
years from the commencement date of the first academic year
whichever is earlier;
(22) lo organize and conduct refresher courses, orientation courses,
workshops, seminars and other programmes for students, industry
executives, teachers, developers of coursework, evaluators and
other academic staff;
(23) to determine standards of admission to the University and
Constituent Colleges, with the approval of the Academic Council;
University for all
classes, castes
creed, religion,
etc.
9.
8.
(24) lo make special provisions for students belonging to the State of
Sikkim for admission in various programmes of the University,
regional centre, campus or study centre;
(25) to make special arrangements in respect of women students as
the University may consider desirable;
(26) to do all such other acts or things whether incidental to the
powers aforesaid or not, as may be necessary to further the
objects of the University;
(27) lo prescribe such programmes of Bachelor, Masters, and
Research Degrees and such other Degrees, Diplomas, Charters,
Certificates;
(28) to provide for the preparation of instructional materials including
films, books, e-Books, DVDs, Websites and other softwares;
(29) to recognize examinations or period of study (whether in full or
part) of other Universities, institutions or other places of learning
as equivalent to examinations or period of study in the University
and to withdraw such recognition at any time;
(30) to create industry-academia partnership by inviting lndustry in the
University Campus and other University centres for mutual
benefit;
(31) to raise, collect, subscribe and borrow with the approval of the
Board of Management whether on the security of the property of
the University, money for the purpose of the University;
(32) to enter into, carry out, vary or cancel contracts;
(33) to create, amend and cancel the rules and regulations to fulfill the
objects of the University with the approval of State Government;
(34) to cary out all such acts or things whether incidental to the
powers aforesaid or not, as may be necessary to further the
object of the University;
(35) to do all things necessary or expedient to exercise the above
powers.
The University shall be open to all, irrespective of class, caste, creed,
religion, region, language or gender:
Provided that nothing in this section shall be deemed to prevent
the University from making special provisions for admissions to
students of the State and socially and economically weaker section of
the society, especially for the State of Sikkim.
National and lnternational Accreditation:
(1) The University shall seek accreditation from respective national
and international accreditation bodies.
(2) The University shall obtain prior permission or approval from
National Accreditation bodies like UGC (University Grants
9
Accreditation
Places of
Campuses
Officers of the
University
The Chancellor
Commission), NCTE (National Council for Teacher Education),
BCI (Bar Council of lndia), AICTE (All lndia Council for Technical
Education), AIU (Association of lndian Universities), NIRF
(National lnstitutional Ranking Framework), NBA (National Board
of Accreditation), DEC (Distance Education Council), ICAR (lndian
Council of Agricultural Research), DCI (Dental Council of lndia),
NCHRH (NatiOnal Council for Human Resource and Health), NMC
(National Medical Council), INC (lndian Nursing Council), NAAC
(National Assessment and Accreditation Council) , PCI (Pharmacy
Council of lndia), or any other body before commencing any
course; permission or recognition from concerned bodies, if
required by any Rule for the time being in force, shall be obtained.
(3) The relevant laws, rules, regulations and any such orders in the
matter of obtaining approval or recognition or maintaining
standards shall apply to the University.
10. The campus of the University shall be in Namthang, Rateypani, South
Sikkim and it may have Regional Centres, Study Centres anywhere in
lndia strictly in accordance with the UGC (University Grants
Commission) regulations or conditions issued by the concerned
Statutory Bodies, UGC (University Grants Commission) and State
Government from time to time.
CHAPTER .3
OFFICERS OF THE UNIVERSITY
The following shall be the officers of the University namely:
(a) The Chancellor;
(b) TheVice-Chancellor;
(c) The Registrar;
(d) The Finance Officer;
(e) The Controller of Examinations;
(f) The Deans of the Faculties; and
such other officers as may be declared by the Statutes to be
officers of the University.
(1) The Chancellor shall be appointed by the Sponsoring Body for a
period of three years, with the approval of the Government in
such manner and on such terms and conditions as may be
specified by the Statutes.
(2) The Chancellor shall be the Head of the University.
(3) The Chancellor shall preside over all the meetings of the
Governing Body and conVocation of the University for conferring
11.
12.
10
pre-university or online diplomas, degrees or other academic
distinctions.
(4) The Chancellor shall have the following powers, namely:-
(a) to call for any information or record;
(b) to appoint the Vice-Chancellor in consultation with and
the approval of Governing body;
(c) to remove the Vice-Chancellor with the approval of the
Governing Body in accordance with the provisions of law;
and
(d) such other powers as may be specified by this Act or the
Statutes.
The Vice-
Chancellor
13. (1) The Vice-Chancellor shall be appointed by the Chancellor on such
terms and conditions as may be specified by the Statutes, and
shall hold office for a term of three yearsl
Provided that after the expiry of the term of three years, a
person shall, subject to the provisions contained in sub-section
(7), be eligible for re-appointment for another term of three years:
Provided further that the Vice-Chancellor shall continue to
hold office even after expiry of his term till the new Vice-
Chancellor joins. However, in any case, this period shall not
exceed one year.
The Vice-Chancellor shall be the principal executive and
Academic Officer of the University and shall have the general
superintendence and control over the affairs of the University and
shall execute the decisions of various authorities of the University.
The Vice-Chancellor shall preside over at the convocation of the
University in the absence of the Chancellor.
lf in the opinion of the Vice-Chancellor, 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 officer or authority
as would have in the ordinary course dealt with the matter:
Provided that, if in the opinion of the concerned officer or
authority such action should not have been taken by the Vice-
Chancellor, then such case shall be referred to the Chancellor,
whose decision thereon shall be final.
lf in the opinion of the Vice-Chancellor, any decision of any
authority of the University is outside the powers conferred by this
Act, Statutes, Ordinances or Regulations made thereunder or is
likely to be prejudicial to the interests of the University, he shall
request the concerned authority to revise its decision within fifteen
days from the date of decision and in case the authority refuses
to revise such decision wholly or partly or fails to take any
ll
(2)
(3)
(4)
(5)
The Registrar
The Finance
Officer
decision within fifteen days, then such matter shall be referred to
the Chancellor and his decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such powers and perform
such duties as may be specified by the Statutes or the
Ordinances.
(7) lf at any time, upon representation made or otherwise, and after
making such inquiry as may be deemed necessary, the situation
so warrants and if the continuance of the Vice-Chancellor is not in
the interests of the University, the Chancellor may, by an order in
writing stating the reasons therein, in consultation with the
Governing Body ask the Vice-Chancellor to relinquish his office
from such date as may be specified in the order:
Provided that before taking action under this sub-section, the
Vice-Chancellor shall be given an opportunity of being heard.
14. (1) The Registrar shall be a wholetime officer of the University.
(2) The Registrar shall be appointed by the Chancellor in consultation
with the Governing Body in such manner and on such terms and
conditions of service as may be specified by the Statutes.
(3) The Registrar shall be the Chief Administrative Officer of the
University. He shall work directly under the supervision, direction
and control of the Vice-Chancellor.
(4) He shall be the Member Secretary of the Governing Body, the
Board of Management and the Academic Council but shall not
have the right to vote. He shall place before it all such information
as may be necessary for the transaction of its business.
(5) The Registrar shall be responsible for the custody of the records
and the common seal of the University. He shall receive
applications for entrance to the University and shall keep a
permanent record of all syllabi, curricula and such other
information as may be deemed necessary.
(6) The Registrar shall have the power to enter into agreement or
contract and sign documents and authenticate records on behalf
of the University and shall exercise such powers and perform
such duties as may be specified by the Statutes.
15. (1) The Finance Officer shall be a whole time officer of the
University.
(2') The Finance Officer shall be the principal finance, accounts and
audit officer of the University.
(3) The Finance Officer shall be appointed by the Chancellor in
consultation with the Governing Body, in such manner and on
such terms and conditions of service as may be specified by the
Statutes.
(4) The Finance Officer shall-
12
The Controller of 16. (1)
Examination
(4)
Dean of Faculty 17. (1)
(2\
(2)
(i) advise in regard to the financial policy of the University and
be responsible for the preparation of its budget and for the
presentation thereof to the Board through the Vice-
Chancellor;
(ii) manage the properties, movable and immovable, and
investments of the University;
(iii) perform any other duty as specified in the Act or the
Statutes or Ordinances made thereunder.
The Controller of Examination shall be appointed by the
Chancellor in consultation with the Governing Body, in such
manner and on such terms and conditions of service as may be
specified by the Statutes.
The Controller of Examination shall be responsible for the due
custody of the records pertaining to his work. He shall be ex-
officio Secretary of the Examination Committee of the University
and shall be bound to place before such committee all such
information as may be necessary for the transaction of its
business.
Subject to the superintendence of the Vice-Chancellor, the
Controller of Examination shall-
(i) have administrative control of Examination and over the
employees working under him and have, in this regard, all
the powers of the Registrar;
(ii) conduct the examinations and make all other arrangements
thereof and be responsible for the due execution of all
processes connected therewith.
He shall also perform such other duties as may be prescribed by
the Statutes or Ordinances or Regulations.
There shall be a Dean for each Faculty.
The Deans of Faculties shall be appointed by the Vice-Chancellor
in such manner as may be prescribed by the Statutes.
The Deans shall perform such functions as may be prescribed by
the Statutes.
The University may appoint such other officers as may be
necessary for its functioning.
The manner of appointment of other officers of the University and
their powers and functions shall be such as may be specified by
the Statutes:
Provided that, in matters of appointment of Grade l, ll, lll and
lV employees, there shall be reservation for local people to the
extent given below-
(3)
Other Officers
(3)
18. (1)
(2)
tal,
Authorities of
the University
The Governing
Body and its
powers
19.
(A) Grade lV employees
(B) Grade lll employees
(C) Grade ll employees.
(D) Grade I employees.
1OO"/" reservation for local people;
80% reservation for local people;
607o reservation for local people;
40% reservation for local people.
CHAPTER .4
AUTHORITIES OF THE UNIVERSITY
The following shall be the authorities of the University, namely:-
(i) the Governing Body;
(ii) the Board of Management;
(iii) the Academic Council;
(iv) the Examination Committee;
(v) the Faculties; and
such other authorities as may be declared by the Statutes to be the
authorities of the University.
(1) The Governing Body of the University shall consist of the
following members namely:-
(a) the Chancellor as Chairperson;
(b) theVice-Chancellor;
(c) five persons, nominated by the sponsoring body out of
whom two shall be eminent educationists for three years;
(d) one expert of skill development, management or lnformation
Technology from outside the University, nominated by the
Chancellor for three years;
(e) two persons, nominated by the State Government for three
years not below the rank of a Joint Secretary;
(f) the Registra who shall be the Member Secretary.
(2) The Governing Body shall be the supreme authority of the
University.
(3) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and direction and to
control the functioning of the University by using all such
powers as are provided by this Act or as specified in the
Statutes, Ordinances, Begulations or rules made thereunder;
(b) to review the decisions of other authorities of the University
in case they are not in conformity with the provisions of this
Act or the Slatutes, Ordinances, Regulations or rules made
thereunder;
14
20.
(c) to approve the budget and annual report of the University;
(d) to make regulations regarding scheme of examinations and
conditions on which the students shall be admitted to the
examinations, degrees, diplomas, pre-university certificate or
other academic distinctions;
(e) to lay down the policies to be followed by the University;
(0 to recommend to the sponsoring body about the voluntary
liquidation of the University if a situation arises when smooth
functioning of the University does not remain possible in
spite of all efforts; and
(g) such other powers as may be prescribed by the Statutes.
The Governing Body shall meet at least thrice in a calendar year.
The quorum for meetings of the Governing Body shall be 5
members.
21. (1) The Board of Management shall consist of the following members,
namely: -(a) theVice-Chancellor;
(b) two Deans of Faculties by rotation on the basis of seniority;
(c) two persons nominated by the sponsoring body from
amongst eminent educationists;
(d) two persons to be nominated by the State Government;
(e) two persons from amongst Professors and Associate
Professors by rotation on the basis of seniority; and
(f) The Registrar, who shall be the Member-Secretary.
(2) The powers and functions of the Board of Management shall be
such as may be specified by the statutes.
(3) The Board of Management shall meet at least once in every two
months.
(4) The quorum for meetings of the Board of Management shall be 5
members.
22. (1) The Academic Council shall consist of the Vice-Chancellor and
such other members as may be specified by the Statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic
Council with the Registrar as Member-Secretary.
(3) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act and
Statutes, Ordinances and Regulations made thereunder, co-
ordinate and exercise general supervision over the academic
policies of the University.
(4)
(5)
The Board of
Management
The Academic
Council
15
(4) The powers and functions of the Academic Council shall be such
as may be specified by the Statutes.
(5) The quorum for meetings of the Academic Council shall be such
as may be specified by the Statutes.
The Finance 23. (1) The Finance Committee shall consist of the following members,
Committee namely:-
(a) the Vice-Chancellor as Chairperson;
(b) the Registrar;
(c) the Finance Officer who shall be the secretary of the
Committee;
(d) nominee from Finance Department, Government of Sikkim
(not below the rank of Deputy Secretary); and
(e) two other members as may be recommended by the
Sponsoring Body.
(2) The Finance Committee shall be the principal financial body of the
University to take care of financial matters and shall, subject to
the provision of this Act, Statutes, Ordinances and Regulations
co-ordinate and exercise general supervision over the financial
matters of the University;
(3) The powers and functions of the Finance Committee shall be
such as may be specified by the Statutes.
(4) The quorum for meetings of the Finance Committee shall be such
as may be specified by the Statutes.
The Examination 24. (1) There shall be an Examination Committee, the constitution of
Committee which shall be as may be provided for in the Ordinances and the
Statutes.
(2) The Committee shall be the principal body of the University to
take care of examination matters and shall exercise supervision
over the examination matters of the University;
(3) The powers and functions of the Examination Committee shall be
such as may be specified by the Statutes.
Faculties 25. (1) There shall be such Faculties in the University as may be
prescribed by the Statutes.
(2) The constitution of the faculties shall be such as may be provided
for in the Ordinances and the Statutes.
(3) Faculty shall perform such functions as may be prescribed by the
Statutes.
Other 26. The composition, constitution, powers and functions of other authorities
Authorities of the University shall be such as may be specified by the Statutes.
16
Disqualifications 27.
Proceedings not
invalidated on
account of
Vacancy
Filling of casual
vacancies
Committees
The First
Statutes
28.
A person shall be disqualified for being a member of any of the
authorities or bodies of the University, if he,-
(a) is of unsound mind and stands so declared by a competent court;
or
(b) is an undischarged insolvent; or
(c) has been convicted of any offence involving moral turpitude; or
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfair practice in
the conduct of any examination, in any form, anywhere.
No act or proceeding of any authority of the University shall be invalid
merely for reason of the existence of any vacancy of the authoriV;
29. ln case there occurs any casual or temporary vacancy in any authority
or body of the University, due to death, resignation or removal of a
member, the same shall be filled, as early as possible, by the person
or body who appoints or nominates the member whose place becomes
vacant and the person appointed or nominated to the casual or
temporary vacancy shall be a member of such authority or body for the
residue of the term for which the person whose place he fills would
have been member.
30. (1) The authorities or officers of the University may constitute
committees with such terms of reference as may be necessary
for specific tasks to be performed by such committees.
(2) The constitution of such committees and their duties shall be such
as may be specified by the Statutes.
CHAPTER - 5
STATUTES, ORDINANCES AND REGULATIONS
31. (1) Subject to the provisions of this Act, and the rules made
thereunder, the first statutes of the University may provide for all
or any of the following matters, namely:-
(a) the constitution, powers and functions of the authorities and
other bodies of the University as may be constituted from
time to time;
(b) the terms and conditions of appointment of the Vice-
Chancellor and his powers and functions;
(c) the manner of appointment and terms and conditions of
service of the Registrar and Finance Officer and their
powers and functions;
I1
(2)
(d) the manner of appointment and terms and conditions of
service of the employees and their powers and functions;
(e) the terms and conditions of service of employees of the
University;
(f) the procedure for arbitration in case of disputes between
employees, students and the University;
(g) the provisions regarding exemption of students from payment
of tuition fee and for awarding to them scholarships and
fellowships;
(h) provisions regarding the policy of admissions, including
regulation of reservation of seats;
(i) provisions regarding fees to be charged from the students;
0) provislons regarding number of seats in different courses;
and
(k) holding of convocation to confer degrees, diplomas, pre-
university certificates and other academic distinctions.
The Board of Management may, from time to time, make new or
additional Statutes or may amend or repeal the Statutes referred
to in sub-section (1) in the manner hereinafter provided:
(a) The Statutes framed by the Board of Management shall be
submitted to the Board of the Governors for its approval.
(b) The Board of Governors shall consider the Statues,
submitted by the Board of Management and shall give its
approval thereon with such modifications, if any, as it may
deem necessary.
(c) The Board of Governors, if it thinks necessary, may also
obtain the opinion of any officer, authority or body of the
University in regard to draft of the Statutes before taking it
up for consideration.
(d) Every new Statute or addition to the Statutes or any
amendment or repeal of a Statute shall require the assent of
the Chancellor who may assent thereto or withhold assent or
remit to the Board of Governors for re-consideration.
(e) A new Statute or a Statute amending or repealing an existing
Statute shall have no validity unless it has been assented to
by the Chancellor. The Statutes shall have effect from such
date as the Chancellor may direct.
The University shall submit a copy of the Statutes to the State
Government from time to time and the State Government shall
publish Statutes in the Official Gazette.
Subject to the provisions of this Act, the subsequent Statutes may
provide for any matter and shall in particular provide for the
following, namely:-
18
(3)
Subsequent
Statutes
32. (1)
Statutes how
made
The Ordinances 33. (1)
(2)
(3)
(4)
(a) creation of new authorities of the Universi{;
(b) the establishment, amalgamation, sub-division and abolition of
Departments;
(c) creation of posts and procedure for abolition of posts;
(d) representation of teachers in the authorities of the University;
(e) institution of medals and prizes;
(f) revision of fees;
(g) alteration of the number of seats in different academic
programmes;
(h) any other matters which by this Act are required to be
specified by the statutes.
The Statutes of the University shall be made by the Board of
Management with the approval of the Governing Body.
Every Statute passed by the Board shall be submitted to the
Governing Body who may give or withhold his assent thereto or
send it back to the Board for comments or reconsideration.
The Board of Management may, from time to time, make new or
additional Statutes or may amend or repeal the Statutes so made
in the manner provided in this section:
Provided that Board of Management shall not make any
Statute or any amendment of the Statute affecting the status,
powers or constitution of any existing authority of the University
until such authority has been given an opportunity of expressing
an opinion on the proposal and any opinion so expressed shall be
in writing and shall be considered by the Governing Body.
Every such statute or addition to the statutes or any amendment
or repeal of the statutes shall be subject to the approval of the
Government:
Provided that no Statute shall be made by the Board of
Management affecting the discipline of students and standards of
instructions, education and examination, except in consultation
with the Academic Council.
Subject to the provisions of this Act, and the Statutes, the
Ordinances may provide for any matter and shall in particular
provide for the following, namely:-
(a) the courses of study, admission or enrolment of students
including regulation of reservation of seats, fee, qualifications
or conditions requisite for award of any degrees, diplomas,
certificates and other academic distinctions:
Provided that at least 25 percent seats for admission
to each academic programme shall be reserved for students
who are bonafide residents of the State.
19
(5)
Ordinances
made
how 34.
(b) the conditions for awarding of fellowships, scholarships,
stipends, medals and prizes;
(c) the conduct of examinations, including the terms of office
and manner of appointment and the duties of examining
bodies, examiners and moderators;
(d) fees to be charged for the various courses, examinations,
degrees and diplomas of the University;
(e) the conditions of residence of the students in the hostels of
the University;
(0 provision regarding disciplinary action against the students;
(g) the manner of co-operation and collaboration with other
Universities and institutions of higher education;
(h) all other matters which by this Act or Statutes made
thereunder are required to be provided by the Ordinances.
(1) The Board of Management may make, amend or repeal
Ordinances, in the manner hereinafter provided.
(2) No Ordinances concerning academic matters shall be made by
the Board of Management unless a draft thereof has been
proposed by the Academic Council.
(3) All Ordinances made by the Board of Management shall have
effect from such date as it may direct, but every Ordinance so
made shall be submitted to the Chancellor within two weeks for
approval. The Chancellor shall have the power to direct the Board
of Management within four weeks of the receipt of the Ordinance
to suspend its operation, and he shall, as soon as possible,
inform the Board. of Management of his objection to it. He may,
after receiving the comments of the Board of Management, either
withdraw the order suspending the Ordinance or disallow the
Ordinance.
(4) The Board of management shall not have the power to amend
any draft prepared by the Academic Council under sub-section
(2), but may reject or return it to the Academic Council for
reconsideration, in part or in whole, together with any amendments
which the Board may suggest.
(5) The Academic Council shall either modify the Ordinances
incorporating the suggestions of the Board of Management or give
reasons for not incorporating the suggestions, and shall return the
Ordinances along with such reasons, if any. The Board of
Management shall consider the comments of the Academic
Council and shall approve the Ordinances of the University with
or without such modification and then the Ordinances, as
approved by the Chancellor shall come into force.
The authorities of the University may, subject to the prior approval of
the Board of Management, make regulations, consistent with this Act,
20
Regulations 35.
Statutes and the Ordinances made thereunder,
own business and of the committees appointed
for the conduct of their
by them.
CHAPTER - 6
MISCELLANEOUS
36. (1) Admission in the University shall be
merit.
made strictly on the basis ofAdmissions
Validity of the
academic award
(2) Merit for admission in the University may be determined either on
the basis of marks or grade obtained in the qualifying examination
for admission and achievements in co-curricular and extra-
curricular activities or on the basis of marks or grade obtained in
the entrance test conducted at State level either by an association
of the Universities conducting similar courses or by any agency
of the State:
Provided that admission in professional and technical
courses shall be made only through entrance test.
(3) Seats for admission in the University, for the students belonging
to Sch

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