The CAPITAL UNIVERSITY ACT 2022

GOVERNMENT
SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gangtok Wednesday 20th April, 2022 No.164
GOVERNMENT OF SIKKIM
LAW & PARLIAMENTARY AFFAIRS DEPARTMENT
GANGTOK
No. 02IL&PAD|2O22 Dated: 20.04.2022
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent
of the Governor on 04th day of April, 2022 is hereby published for general information: -
THE CAPITAL UNIVERSITY ACT, 2022
(ACT NO. 10 OF 2022)
AN
ACT
to provide for the establishment and incorporation of the Capital University in the State of
Sikkim, and to confer the status of a Private University thereon and for matters connected
therewith and incidental thereto:
Whereas, with a view to provide major boost in terms of academic upliftment in all phares
of knowledge it is essential to impart education in almost all areas including Management,
Engineering, Law, Communication, lnsurance, Behavioural Science, Fine Arts, etc. to the youth
at their door steps.
And whereas Ch. Charan Singh Educational Society is registered under Societies
Registration Act, XXI of 1860 having registration no. 5-55338 of 2006 dated 07th April 2006 and
the Charan Singh Educational Foundation has been incorporated under the Companies Act,
having corporation no. U80210DL2021MPL3871 52 of 2013 on 26th September 2021 under
Ministry of Corporate Affairs, Government of lndia.
And whereas Ch. Charan Singh Educational Foundation (CCSEF) intends to establish
Capital University with the objective to provide Higher Education with skilled and entrepreneur
courses in Sikkim through world class infrastructure and international networking which will
catalyse not only the surrounding region but the State as a whole.
BE it enacted by the Legislative of Sikkim in the Seventy-third Year of the Republic of
lndia, as follows:
CHAPTER I
PRELIMINARY
Short title, extent 1. (1) This Act may be called the Capital University Act,2022.
and
commencement. e) lt shall extend to the whole 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 as specified in Section 24 of the Act;
(b) "Annual Report" means the Annual report of the University as
referred to in Section 39 of the Act;
(c) "Board of Management" means the Board of Management of the
University as constituted under Section 23 of the Act;
(d) "Campus" means the area of the University in which it is
established;
(e) "Chancellor" means the Chancellor of the University appointed
under Section 12 of the Act;
(f) "The Chief Finance and Accounts Officer" means the Chief
Finance and Accounts Officer of the University appointed under
Section 18 of the Act;
(g) "Controller of Examinations" means the Controller of
Examinations of the University appointed under Section 19 of the
Act;
(h) "Constituent College" means a college or an institution maintained
by the University;
(i) "Employee" means employee appointed by the University; and
includes teachers and others staff of the University or of a
constituent college;
0) "Endowment fund" means the endowment fund of the University
established under Section 37 ol the Act;
(k) "Faculty" means group of academic departments of similar
disciplines;
(l) "Fee" means collection made by the University from the students
for the purpose of any course of study and incidental thereto, in
the University;
(m) "General Fund" means the General fund of the University
established under Section 38 of the Act;
(n) "Governing Body" means the Governing Body of the University
constituted under Section 22 of the Act;
2
(o) "National Assessment and Accreditation Council" means National
Assessment and Accreditation Council, Bengaluru, an
autonomous institution of the University Grants Commission;
(p) "Prescribed" means prescribed by the Statutes and the rules
made under this Act;
(q) "Pro Vice-Chancellor" means the Pro Vice-Chancellor of the
University appointed under Section 15 of the Act;
(0 "Registrad' means the Registrar of the University appointed under
Section 17 of the Act;
(s) "Regulatory Body" means a body established by the Government
of lndia for laying down norms and conditions for ensuring
academic standards of higher education, such as University
Grants Commission, All lndia Council for Technical Education,
National Council for Teacher Education, Medical Council of lndia,
Bar Council of lndia, Pharmacy Council of lndia, National
Assessment and Accreditation Council, lndian Nursing Council,
lndian Council of Agricultural Research, Council of Scientific and
lndustrial Research, etc. and includes the Government or any
such body constituted by the Government of lndia or the State
Government;
(t) "Rules" means the rule of the University made under this Act;
(u) "Schedule" means schedule appended to this Act;
(v) "Sponsoring Body" in relation to the Capital University means (i)
a society registered under Societies Begistration Act, 1860, or (ii)
a public trust registered under lndian Trust Act, 1882, or (iii) a
company registered under Section 8 under Act, 2013 of Ministry
of Corporate Affairs, Government of lndia;
(w) "State Government" means the State Government of Sikkim;
(x) "Statutes", "Ordinances", and "Regulations" mean respectively,
the Statutes, Ordinances and Begulations of the University made
under this Act;
(V) "Student of the University" means a person enrolled in the
University for taking a course of study for a degree, diploma, or
other academic distinction duly instituted by the University,
including a research degree;
(z) "Teacher" means a Professor, Associate Professor, Assistant
Professor or such of the other person as may be appointed for
imparting instruction or conducting research in the University or
in a Constituent College or lnstitution and includes the Principal
of a Constituent College or institution, in conformity with the
norms prescribed by the University Grants Commission;
(aa) "University Grants Commission" means the University Grants
Commission established under the University Grants Commission
Act, 1956;
3
Establishment of
the University.
3.
(bb) "University" means Capital University, Sikkim established under
this Act;
(cc) "Vice-Chancellor" means the Vice-Chancellor of the University
appointed under Section 13 of the Act;
(dd) "Visitor" means the Visitor of the University referred to in Section
10 of the Act.
CHAPTER II
ESTABLISHMENT OF THE UNIVERSITY
(1) There shall be established a University by the name
'CapitalUniversity'.
(2) The headquarters of the University shall be within the State of
Sikkim and shall be situated at West Sikkim.
(3) The University shall start operation only after the State
Government issues the letter of authorization.
(4) The University shall meet the conditions mentioned in the
Schedule A of the Act within the stipulated time.
(5) The Governing Body, the Board of Management, the Academic
Council, the Chancellor, the Vice-Chancellor, the Pro Vice-
Chancellor, the Registrar, the Teachers, the Chief Finance and
Accounts Officer and such other officers or members or
authorities so long as they continue to hold such office or
membership of the University hereby constitute a body corporate
by the name of the University.
(6) The University shall function as non-affiliating University and they
shall not affiliate any other college or institute for the conferment
of degree, diploma and for grant of certificate to the students
admitted therein.
(7) The constituent colleges and institutions of the Sponsoring Body
affiliated to and enjoying the privileges of any University
immediately before the commencement of this Act shall cease to
be affiliated from that University and shall be deemed to be
withdrawn from such privileges from the date of commencement
of this Act and shall be deemed to be admitted to the privileges
of Capital University. University of the Sponsoring Body and all
such colleges and institutions shall be the constituent colleges
and institutions of Capital University.
(8) The University shall be a body corporate by the name 'Capital
University' and shall have perpetual succession and common
seal with power, subject to the provisions of this Act, to acquire
and hold property, to contract and shall, by the said name, sue
or be sued.
(9) The University shall not receive any grant-in-aid or other financial
assistance from the State Government or the Central
Government:
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Properties of the 4. (1)
University and its
application.
Restrictions and 5. (1)
obligations of the
University.
(2)
Provided that, the State Government or the Central
Government may provide financial support, including through
grants or othenryise: -
(a) for research, development and other activities for which
other State Government organizations are provided financial
assistance, or
(b) for any specific research or programme-based activity.
On the establishment of the University the land and other
movable and immovable properties acquired, created, arranged,
or built by the University for the purpose of the University in the
State of Sikkim shall vest in the University.
The land, building and other properties acquired for the University
shall not be used for any purpose other than that for which the
same is acquired.
The properties, movable or immovable, of the University shall be
administered by the Governing Body in such manner as may be
provided for by the regulations.
The properties in the name of the University under sub-section
(1) shall be applied for meeting the liabilities of the University in
the event of dissolution or winding up of the University in such
manner as may be prescribed in the rules.
The tuition fees for professional courses such as Engineering &
Technology, Medicine, Management, Law in the University shall
be determined by the University under the supervision of the
Regulatory Body notified by the State Government from time to
time.
Admission in the University shall be strictly on the basis of merit.
Merit for admission in the University may be determined either on
the basis of marks or grade obtained in the qualifying
examination 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 the
University or an association of the Universities conducting similar
courses or by any agency of the State Government:
Provided that the admission in professional educational
colleges or institutions of the University shall be governed under
the provisions of the Regulatory Bodies.
The University shall allow merit scholarship to at least S(five)
percent of the total strength, to the students belonging to poor
and economically backward classes. The relevant criteria for
determining the poor and economically backward classes shall
be such as may be determined by the State Government from
time to time.
(3)
(4)
(2)
(3)
5
Objects of the
University.
(4) The University shall compulsorily make provisions for reservation
of seats for the students domiciled in the State of Sikkim to the
extent of at least 25 (twenty-five) percent of the total students in
the University. The reservation of seats shall be regulated by the
prevalent laws and orders of the State Government from time to
time.
(5) The University shall make provisions for reservation of non-
teaching posts in the University for the persons domiciled in the
State of Sikkim to the extent of at least 50 (fifty) percent of the
total number of non-teaching posts of the University. The
reservation of seats shall be regulated by the laws and orders of
the State Government from time to time.
(6) The University shall appoint adequate number of teachers and
officers in the University for maintaining the academic standards
specified and shall ensure that the qualifications of such teachers
or officers of the University shall not be lower than prescribed by
the relevant Regulatory Bodies.
(7) The University shall compulsorily place in the public domain
every information in relation to the University which would be of
interest to the students and other stakeholders inter a/ra, including
the courses offered, number of seats under different categories,
fees and other charges, facilities and amenities offered, faculty in
place and such other relevant information.
(8) The Convocations of the University may, for conferring degrees,
diplomas or for any other purpose, be held in every academic
year in the manner as may be prescribed by the Statutes.
(9) The University shall obtain accreditation from the National
Assessment and Accreditation Council (NAAC) within 7 (seven)
years of its establishment and such other regulating bodies of
Government of lndia which are connected with the courses taken
up by the University and inform the State Government about the
grade provided to the University. The University shall get
renewed such accreditation from time to time.
(10) Notwithstanding anything contained in this Act, the University
shall be bound to comply the conditions mentioned in Schedule A
of this Act, and all the rules, regulations, norms, etc., of the
regulating bodies of Government of lndia and State Government
and provide all such facilities and assistance to such bodies as
are required by them to discharge their duties and carry out their
functions.
6. The objects of the University shall be to disseminate and advance
knowledge and skill by providing instructional, research and extension
of facilities and in such branches of learning as it may deem fit and
the University shall endeavour to provide to students and teachers the
necessary atmosphere and facilities for the promotion of:
6
University open to
all irrespective of
sex, religion,
class, colour,
creed or opinion.
The University
shall have the
following power
and functions.
7.
8.
(a) innovations in education leading to restructuring of courses, new
methods of teaching, training and learning including online
learning, blended learning, continuing education and such other
modes and integrated and wholesome development of
personality;
(b) studies in various disciplines;
(c) inter-disciplinary studies;
(d) national integration, secularism and social equity and international
understanding and ethics.
No person shall be discriminated against or be excluded from any
office of the University or from membership of any of its authorities or
from admission to any course of study leading to a degree, diploma or
other academic distinction on the grounds of sex, race, creed, class,
caste, place of birth and religious belief or political or other opinion.
(a) To administer and manage the University, establish, administer
and manage its constituent colleges and centres for research,
education, training, extension and outreach including continuing
education, distance learning and e-learning at its campus within
the State of Sikkim;
(b) to provide for research, higher education, professional education,
teaching training, extension and outreach including continuing
education, distance learning and e-learning in the fields of
Science, Technology, Humanities, Social Sciences, Education,
Management, Commerce, Law, Pharmacy, Healthcare and any
other fields;
(c) to conduct innovative experiments in educational technologies,
teaching and learning methods, to collaborate with national and
international institutions and to offer joint programmes with such
institutes to constantly improve the delivery of education and to
achieve international standards of education;
(d) to prescribe courses, curricula and methodologies including
electronic and distance learning and provide for flexibility in the
delivery of education;
(e) to hold examination and confer degree, diploma or grant
certificate and other academic distinctions or title on persons
subject to such condition as the University may determine and to
withdraw or cancel any such degree, diploma or certificates and
other academic distinction or titles in the manner prescribed by
the Regulations;
(f) to institute and award fellowships, scholarships, medals and
prizes;
(g) to confer honorary degrees or other distinction on the manner
prescribed by the Statutes;
7
(h) to establish schools, centres, institutes, colleges and conduct the
programme and courses of study as are in the opinion of the
University, necessary for the furtherance of its objects;
(i) to declare as a constituent college any college, centre, institution
imparting education as are in the opinion on the University
necessary for the furlherance of its objects or to establish a new
constituent college, centre, institution for the purpose;
0) to provide for printing, publication and reproduction of research,
educational material and other works and to organize exhibitions,
conferences, workshops and seminars;
(k) to establish knowledge resource centre;
(l) to sponsor and undertake research and educational programmes
in the fields of Science, Technology, Humanities, Social
Sciences, Education, Management, Commerce, Law, Pharmacy,
Healthcare and any other allied areas;
(m) to collaborate or associate with any educational institution with
like or similar objects;
(n) to establish campuses including virtual campus for the purpose
of achieving the objectives of the University;
(o) to undertake research and to obtain registration in respect of
such research in the nature of patents, design rights and such or
similar rights with the competent authorities;
(p) to maintain linkages and collaborate with educational or other
institutions in any part of the world having objects wholly or
partially similar to those of the University, through exchange of
students, researchers, faculty and staff and generally in such
manner as may be conducive to their common objects;
(q) to render services of research, training, consultancy and such
other services as required for the purposes of the University;
(0 to develop and maintain relationships with faculty, researchers,
administrators and domain experts in Science, Technology,
Humanities, Social Sciences, Education, Management, Law,
Commerce, Pharmacy, Healthcare and allied area for achieving
the objects of the University;
(s) to make special arrangement in respect to women and other
disadvantaged students as the University may consider
desirable;
(t) to regulate the expenditure and to manage the finances and to
maintain the accounts of the University;
(u) to receive funds, movable and immovable properties, equipment,
software and other resources from business, industry, other
sections of society, national and international organization or any
other source by transfers or as gifts, donations, benefactions or
bequests for the purposes and objects of the University;
8
(dd)
e. (1)
(2)
(v) to establish, maintain and manage halls, hostels for students and
quarters for the residence of faculty and staff;
(w) to construct, manage and maintain centres, complexes,
auditorium, buildings, stadium for the advancement of sports,
cultural, co-curricular and extra-curricular activities;
(x) to supervise and control the residence and regulate the discipline
of students, faculty and staff of the University and to make
arrangements for promoting their health, general welfare, social
and cultural activities;
(V) to fix, demand and receive or recover fees and such other
charges as may be prescribed by the Statutes;
(z) to institute and award fellowships, scholarships, prizes, medals
and other awards;
(aa) to purchase or to take on lease or accept as gifts, bequests,
legacies or otherwise any land or building or works which may
be necessary or convenient for the purpose of the University and
on such terms and conditions as it may think fit and proper and
to construct or alter and maintain any such building or works;
(bb) to sell, exchange, lease or othenruise dispose of all or any potlion
of the properties of the University, movable or immovable, on
such terms as it may think fit and consistent with the interest,
activities and objects of the University;
(cc) to draw and accept, to make and endorse, to discount and
negotiate promissory notes, bills of exchange, cheques and other
negotiable instruments;
to raise and borrow money on bond, mortgages, promissory
notes or other obligations or securities founded or based upon all
or any of the properties and assets of the University or without
any securities and upon such terms and conditions as it may
think fit and to pay all expenses out of the funds of the
University.
The University shall not admit any college or institution to the
privilege of affiliation.
The University may open any off-campus, off-shore campus, and
study centre, examination centre in or out of the State of Sikkim
only after the prior approval of University Grants Commission or
such regulatory body established by the Government of State or
Central Government, as the case may be.
Courses under distance mode can be started only after the prior
approval of University Grants Commission or such regulatory
body established by the Government.
Bar to affiliation.
10. (1) The Governor of Sikkim shall be the Visitor of the University.
(3)
The Visitor.
9
The Visitor shall, when present, preside at the convocation of the
University for conferring degrees, diplomas, charters, designation
and certificates.
The Visitor shall have the right to visit the University or any
institution maintained by the University to ensure the standard of
education, discipline, decorum and proper functioning of the
University.
11. The following shall be the officers of the University:
(a) the Chancellor,
(b) theVice-Chancellor,
(c) the Pro Vice-Chancellor,
(d) the Director/Principal,
(e) the Registrar,
(f) the Chief Finance and Accounts Officer,
(g) the Controller of Examinations,
(h) the Dean of Students Welfare,
(i) the Dean of Faculty,
(j) the Proctor, and
(k) such other officers as may be declared by the Statute to the
officers of the University.
12- (1) The Chancellor shall be appointed by the Sponsoring Body for a
period of 5 (five) years with the approval of the Visitor by
following such procedures and on such terms and conditions as
may be prescribed. On the expiry of the term, the Chancellor
may be re-appointed by the Sponsoring Body in consultation with
the Visitor.
(2) The Chancellor by virtue of his office shall be the head of the
University.
(3) The Chancellor shall preside over the meetings of the Governing
Body and shall, when the Visitor is not present, preside over the
convocation of the University for conferring degrees, diplomas or
other academic distinctions.
(4) The Chancellor may in writing under his hand addressed to the
head of the Sponsoring Body resign his office.
(5) The Chancellor shall have the following powers, namely:
i) to call for any information or record;
ii) to appoint the Vice-Chancellor;
iii) to remove the Vice-Chancellor in accordance with the
provisions of this Act; and
_ t0_
(2)
(3)
Officers of the
University.
The Chancellor.
The Vice-
Chancellor.
Removal of the
Vice-Chancellor.
13. (1)
(5)
14. (1)
(2)
iv) such other powers as may be conferred on him by this Act
or Statutes made thereunder.
The Vice-Chancellor shall be appointed by the Chancellor as per
the qualifications prescribed by the University Grants
Commission and shall hold office for a period of 5 (five) years:
Provided that a person appointed as Vice-Chancellor shall
retire from office during tenure of his office or extension thereof,
if any, when he completes the age of 70 (seventy) years:
Provided further that after the expiry of the term of 5 (five)
years, the Vice-Chancellor shall be eligible for re-appointment for
another term of 5 (five) years.
The Vice-Chancellor shall be the Principal Executive and
Academic Officer of the University and shall exercise general
superintendence and control over the affairs of the University and
shall execute the decisions of various authorities of the
University.
ln the absence of both the Visitor and the Chancellor, the Vice-
Chancellor shall preside over the convocation of the University.
The Vice-Chancellor may, if he is of the opinion that immediate
action is necessary on any matter, exercise any power conferred
on any authority of the University by or under this Act and shall
convey to such authority the action taken by him on such
matters:
Provided that if the authority of the University or any person
in the service of the University who is aggrieved by the action
taken by the Vice-Chancellor under this sub-section may prefer
an appeal to the Chancellor within 1 (one) month from the date of
communication of such decision. The Chancellor may confirm,
modify or reverse action taken by the Vice-Chancellor.
The Vice-Chancellor shall exercise such powers and perform
such other functions as may be prescribed.
lf at any time and after such inquiry as may be considered
necessary, it appears to the Chancellor that the Vice-Chancellor:
(a) has failed to discharge any duty imposed upon him by or
under this Act, the Statutes, the Ordinances, or
(b) has acted in a manner prejudicial to the interests of the
University, or
(c) is incapable of managing the affairs of the University, then
the Chancellor may, notwithstanding the fact that the term
of office of the Vice-Chancellor has not expired, require the
Vice-Chancellor, by an order in writing stating the reason
therefore, to resign his post from the date as may be
specified in the order.
(3)
(4)
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The Pro Vice-
Chancellor.
Director(s/
Principal(s).
The Registrar.
The Chief Finance
and Accounts
Officer.
(2) No orders under sub-section (1) shall be passed unless a notice
stating the specific grounds on which such action is proposed,
has been served and a reasonable opportunity to show cause
against the proposed order has been given to the Vice-
Chancellor.
15. (1) The Pro Vice-Chancellor shall be appointed by the Chancellor in
such manner and shall exercise such powers and perform such
functions as may be prescribed.
(2) The Pro Vice-Chancellor appointed under sub-section (1) shall
discharge his duties in addition to his duties as a Professor.
(3) The Pro Vice-Chancellor shall assist the Vice-Chancellor in
discharging his duties as and when required by the Vice-
Chancellor.
(4) The Pro Vice-Chancellor shall get honorarium of such amount as
may be determined by the Sponsoring Body.
16. The Director/Principal shall be appointed in such manner and shall
exercise such powers and perform such functions as may be
prescribed.
17. (1)
18. (1)
(2)
Registrar shall be appointed by the Chairperson of the
Sponsoring Body in such manner, as may be specified in the
Statutes. The Registrar shall possess the qualifications
prescribed by the University Grants Commission.
The Registrar shall have the power to enter into agreements,
sign documents and authenticate records on behalf of the
University and shall exercise such other power and perform such
other functions as may be prescribed.
The Begistrar shall be the ex-officio Member Secretary of the
Executive Council and the Academic Council but shall not have
a right to vote.
The appointment of the Chief Finance and Accounts Officer shall
be made by the Chairperson of the Sponsoring Body in such
manner as may be specified by the Statutes.
The Chief Finance and Accounts Officer shall exercise such
powers and perform such duties as may be specified by the
Statutes.
The Controller of Examinations shall be whole time officer of the
University and shall be appointed by the Chancellor in
accordance with the Statutes.
It shall be the duty of the Controller of Examinations:
(a) to conduct examinations in a disciplined and efficient
manner;
(3)
(2)
The Controller of 19. (1)
Examinations.
(2)
,)
to arrange for the setting of question papers with strict
regards to secrecy;
to arrange for the evaluation of answer sheets in
accordance with the planned time schedule for results;
to constantly review the system of examinations in order to
enhance the level of impartiality and objectivity with a view
to make it better instrument for assessing the attainments of
students;
to deal with any other matter connected with examinations
which may, from time to time be assigned to him by the
Vice-Chancellor.
Other officers. 20. Manner of appointment and power and duties of the other officers of
the University including the Dean of Students Welfare, Dean of Faculty
and Chief Proctor shall be such as may be prescribed.
Authorities of the 21. The following shall be the authorities of the University: .
University. (a) the Governing Body;
(b) the Board of Management;
(c) the Academic Council;
(d) the Finance Committee;
(e) the Planning Board; and
(f) such other authorities as may be declared by the Statutes to be
the authorities of the University.
The Governing 22. (1) The Governing Body shall have the following members, namely:
BodY' (a) the chanceilor;
(b) theVice-Chancellor;
(c) the Secretary to the Government, Department of Higher and
Technical Education, Government of Sikkim or his nominee;
(d) five persons nominated by the Sponsoring Body, out of
which two shall be eminent educationists;
(e) one expert of management or technology from outside the
University, nominated by the Chancellor; and
(f) one expert of finance, nominated by the Chancellor.
(2) The Governing Body shall be the supreme authority and principal
governing body of the University. lt shall have the following
powers, namely:
(a) to provide general superintendence and directions and to
control the functioning of the University by using all such
powers as are provided by this Act, Statutes, Ordinances,
Regulations or Rules;
(b)
(c)
(d)
(e)
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(b) to review the decisions of other authorities of the University
in case they are not in conformity with the provisions of this
Act, Statutes, Ordinances, Regulations or Rules;
(c) to approve the budget and annual report of the University;
(d) to lay down the extensive policies to be followed by the
University;
(e) to recommend to the Sponsoring Body for the dissolution of
the University if a situation arises when there is no smooth
functioning of the University in spite of best efforts; and
(f) such other powers as may be specified by the Statutes.
(3) The Governing Body shall meet at least 3 (three) times in a
calendar year.
(4) The quorum of the meeting shall be 4 (four):
Provided that the Secretary to the Government, Department
of Higher and Technical Education, Sikkim, or in his absence,
Director, Higher Education shall be present in each meeting in
which decisions on issues involving Government policies/
instructions are to be taken.
The Board of 23. (1) The Board of Management shall consist of the following
Management. members, namely:
(a) theVice-Chancellor;
(b) the Secretary to the Government, Department of Higher and
Technical Education, Sikkim or his nominee;
(c) two members of the Governing Body, nominated by the
Sponsoring Body;
(d) three persons, who are not the members of the Governing
Body, nominated by the Sponsoring Body;
(e) three persons, from amongst the teachers, nominated by
the Sponsoring Body; and
(0 two teachers, nominated by the Vice-Chancellor.
(2) The Vice-Chancellor shall be the Chairperson of the Board of
Management.
(3) The powers and functions of the Board of Management shall be
such as may be specified by the Statutes.
(4) The quorum for the meeting of the Board of Management shall be
5 (five):
Provided that the Secretary to the Government, Department
of Higher and Technical Education, Sikkim, or in his absence,
Director, Higher Education shall be present in each meeting in
which decisions on issues involving Government policies/
instructions are to be taken.
_ 14_
- The Academic 24. (1) The Academic Council shall consist of the Vice-Chancellor and
Counci!. such members as may be specified by the Statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic
Council.
(3) The Academic Council shall be the principal academic body of
the University and shall, subject to the provisions of this Act,
Statutes, Ordinances, Regulations or Rules, coordinate and
exercise general supervision over the academic policies of the
University.
(4) The quorum for meetings of the Academic Council shall be such
as may be specified by the Statutes.
The Finance 25. (1) The Finance Committee shall be the principal financial body of
Committee. the University to take care of the financial matters.
(2) The constitution, powers and functions of the Finance Committee
shall be such as may be prescribed.
The Planning 26. (1) The Planning Board shall be the principal planning body of the
Board. University and shall ensure that the infrastructure and academic
support system meets the norms of the University Grants
Commission or the respective Councils.
(2) The constitution of the Planning Board, term of office of its
members and its power and functions shall be such as may be
prescribed.
Other authorities. 27. The constitution, powers and functions of other authorities of the
University, shall be such as may be prescribed.
Disqualification 28. A person shall be disqualified from being a member of any of the
for membership authorities or bodies of the University, if he/she:
of an autho
body. 
rrity or (a) 
LrJj,unsound 
mind and stands so declared by a competent
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving moral turpitude; or
(d) has been punished for indulging or in promoting unfair practice in
the conduct of any examination, in any form, anywhere.
Vacancies not to 29. No act or proceedings of any authority of the University shall be
invalidate the invalid merely by reason of any vacancy in or defect in the
constitution of or constitution of any authority or body of the University.
the proceedings
of any authority
or body of the
University.
- 15 -
Constitution of
committees.
First Statute.
30. The authorities of the University may constitute such committee with
such terms of reference as may be necessary for specific tasks to be
performed shall be such as may be prescribed by the Statutes.
CHAPTER II!
STATUTES, ORDINANCES AND REGULATIONS
31. (1) Subject to the provisions of this Act, and the rules made
thereunder, the First Statute 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 Chancellor,
the Vice-Chancellor and their powers and functions;
(c) the manner and terms and conditions of appointment of the
Registrar and Chief Finance and Accounts Officer, their
powers and functions;
(d) the manner and terms and conditions of appointment of
other officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the
University;
(f) the procedure for arbitration in cases of disputes between
employees or students and the University;
(g) the conferment of honorary degrees;
(h) the provisions regarding exemption from payment of tuition
fee and awarding scholarships and fellowships to the
students;
(i) framing of policy for admission, including regulation of
reservation of seats; and
(j) fees to be charged from students.
(2) The First Statute of the University shall be made by the
Governing Body and shall be submitted to the State Government
for its approval.
(3) The State Government shall consider the First Statute, submitted
by the University and shall approve it within 60 (sixty) days from
the date of its receipt, with or without modifications as it may
deem necessary.
(4) The University shall communicate its agreement to the First
Statute as approved by the State Government, and if it desires
not to give effect to any or all the modifications made by the
State Government under sub-section (3), it may give reasons
therefore and after considering such reason, the State
- 16-
Subsequent
statutes.
Government may or may not accept the suggestions made by
the University.
(5) The State Government shall publish the First Statute, as finally
approved by it, in the Official Gazette, and thereafter it shall
come into force from the date of such publication.
32. (1) Subject to the provisions of this Act and the rules made
thereafter, the subsequent statutes of the University may provide
for all or any of the following matters, namely:-
(a) creation of new authorities of the University;
(b) accounting policy and financial procedure;
(c) representation of teachers in the authorities of the
University;
(d) creation of new departments and abolition or restructuring of
existing departments;
(e) institution of medals and prizes;
(f) procedure for creation and abolition of posts;
(g) revision of fees;
(h) alteration of the number of seats in different disciplines; and
(i) all other matters which by or under the provision of this Act
required to be prescribed by the Statutes.
(2) The Statutes of the University other than the First Statute shall
be made by the Board of Management with the approval of the
Governing Body.
(3) The Statutes made under sub-section (2) shall be submitted to
the State Government and it may approve or, if considers
necessary, give suggestions for modification as far as possible
within 2 (two) months from the date of receipt of the Statutes.
(4) The Governing Body shall consider the modifications suggested
by the State Government and return the Statutes to it with its
agreement to such changes or with its comments on the
suggestions made by the State Government.
(5) The State Government shall consider the comments of the
Governing Body and may approve the Statutes with or without
modifications and it shall be published by it in the Official
Gazette, and shall come into force from the date of such
publication.
33. (1) Subject to the provisions of this Act, the rules and the Statutes
made thereunder, the First Ordinance may provide for all or any
of the following matter, namely:-
(a) the admission of students to the University and their
enrolment as such;
First Ordinance.
- 17 -
(2)
(3)
(4)
(b) the courses of study to be laid down for degrees, diplomas
and certificates of the University;
(c) the award of degrees, diplomas, certificates and other
academic distinctions, the minimum qualifications for the
same;
(d) the conditions for award of fellowships, scholarships,
stipends, medals and prizes;
(e) the conduct of examinations, including the terms of office
and manner of appointment and the duties of examining
bodies, examiners and moderators;
(f) fees to be charged for the various courses examinations,
degrees or diplomas of the University;
(g) the conditions of residence of the students of the
University;
(h) provision regarding disciplinary action against the students;
(i) the creation, composition and functions of any other body
which is considered necessary for improving the academic
life of the University;
0) the manner of co-operation and collaboration with other
Universities and institutions of higher education;
(k) such other matters which are required to be provided by
the Ordinances by or under this Act.
The First Ordinance of the University shall be made by the
Chancellor which after being approved by the Board of
Management, shall be submitted to the State Government for its
approval.
The State Government shall consider the First Ordinance
submitted by the Chancellor under sub-section (2) within 60
(sixty) days from the date of its receipt and may approve it or
give suggestions for modifications therein.
The Chancellor shall either modify the Ordinances incorporating
the suggestion of the State Government or give reasons for not
incorporating any of the suggestions made by the State
Government and shall return the First Ordinance along with such
reasons, if any, to the State Government and on receipt of the
same, it shall consider the comments of the Chancellor and may
approve the First Ordinance of the University with or without
such modifications and it shall be published by the State
Government in the Official Gazette, and it shall come into force
from the date of such publication.
All Ordinances other than the First Ordinance shall be made by
the Academic Council which after being approved by the
Governing Body shall be submitted to the State Government for
its approval.
_ 18_
Subsequent
ordinances.
34. (1)
Regulations.
Powers of State
Government to
give directions.
(2) The State Government shall consider the Ordinances submitted
by the Academic Council under sub-section (1) as far as possible
within 2 (two)months from the date of its receipt and may approve
it or give suggestions for modifications therein.
(3) The Academic Council shall either modify the Ordinances
incorporation the suggestion of the State Government or give
reasons for not incorporating any of the suggestions made by the
State Government and shall return the Ordinances along with
reason, if any, to the State Government and on receipt of the
same, it shall consider the comments of the Academic Council
and may approve the Ordinances with or without modifications
and it shall be published by it in the Official Gazette, and shall
come into force from the date of such publication.
35. The authorities of the University may, subject to the prior approval of
the Governing Body make Regulation, consistent with this Act, the
Statutes and the Ordinances made thereunder, for the conduct of
business of each such authority and committee constituted by each
such authority.
36. (1) The State Government may, for the purpose of ascertaining the
standards of teaching, examination and research or any other
matter relating to the University, cause an assessment to be
made in such manner as may be prescribed, by such person or
persons as it may deem fit.
(2) The State Government shall communicate its recommendations to
the University on the basis of such assessment for corrective
action. The University may adopt such corrective measures and
make efforts so as to ensure the compliance of the
recommendations.
(3) The State Government may give such directions as it may deem
fit if the University fails to comply with the recommendation made
under sub-section (2) within a reasonable time. The directions
given by the State Government shall be immediately complied by
the University.
CHAPTER IV
FUNDS OF THE UNIVERSITY
Endowment Fund. 37. (1) The Sponsoring Body shall establish an Endowment Fund for the
University.
(2) The Endowment Fund shall be used as security deposit to
ensure that the University complies with the provisions of this
Act and functions as per the provisions of this Act, the Statutes
and the Ordinances. The State Government shall have the
power to forfeit, a part or whole of the Endowment Fund in case
the University or the Sponsoring Body contravenes the
- 19 -
General Fund.
provisions of this Act, Statutes, the Ordinances, the Regulations
or the Rules made thereunder.
(3) The University may utilize the income from the Endowment Fund
for the development of infrastructure of the University and not to
meet the recurring expenditure of the University.
(4) The amount of Endowment Fund shall be invested in such
instruments as the Government may prescribe and keep invested
until the dissolution of the University.
(5) ln case of investment in long term security, the certificates of the
securities shall be kept in the safe custody of the Government
and in case of deposit in the interest-bearing Personal Deposit
account in the Government Treasury, deposit shall be made with
the condition that the amount shall not be withdrawn without the
permission of the Government.
38. (1) The University shall establish a fund, which shall be called the
General Fund to which the following shall be credited, namely:
(a) fees and other charges received by the University;
(b) any contribution made by the Sponsoring Body;
(c) any income received from consultancy and other work
undertaken by the University in pursuance of its objective;
(d) trusts, bequests, donations, endowments and any other
grants; and
(e) all other sums received by the University.
(2) The General Fund shall be utilized for the following objects, namely:
(a) for the repayment of debts including interest charges thereto
incurred by the University for the purposes of this Act and
the Statutes, the Ordinances, the Regulations, and the
Rules made thereunder with the prior approval of the
Governing Body;
(b) to upkeep the assets of the University;
(c) for the payment of the fee for audit of the funds created
under Sections 37 and 38;
(d) to meet with the expenses of any suit or proceedings by or
against the University;
(e) for the payment of salaries, allowances, Provident Fund
contributions, gratuity and other benefits to officers,
employees and members of the teaching and research staff;
(f) for the payment of travelling and other allowances of the
members of the Governing Body, the Executi

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