The Khangchendzonga Buddhist University, Sikkim Act, 2020

(1) This Act may be called the Khangchendzonga Buddhist University, Sikkim Act, 2020. (2) It shall come into force on such date as the state Government may, by notification, in the Official Gazette, appoint.

In 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; (c) "Affiliated college" means a college or an University which is affiliated to the University; (d) "Annual Meeting" means the open meeting for stakeholders as referred to in clause (m) of sub-section (1) of section 17 of the Act; (e) "Annual Report" means the Annual report of the University as referred to in section 36 of the Act; (f) "Authorities" refers to groups officially named as authorities, as listed in chapter 3 of the Act; (g) "Board of Governors" means the Board of Governors of the University constituted under sections 16 and 17 of the Act; (h) "Board of overseers" means the Board of overseers of the University constituted as per item (i) of the clause (c) of the sub-section (1) of the Section 17 of the Act; (i) "Board of Management" means the Board of Management as listed in section 18; (j) "Board of studies" means the committee created within a particular school or college of the university for development and continued improvement of programs and curriculum of that college; (k) "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 such Centre by the Board of Governors, in compliance with the laws of the State; (l) "chancellor" means the chancellor of the University as under section 25 of the Act; (m) "Chief Finance Officer" or "CFO" or "Finance Officer" means the Chief Finance Officer of the University as under section 28 of the Act; (n) "Constituent College" means a college or an University maintained by the University; (o) "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; (p) "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 program or a combination of any two or more of such means; (q) "Donor Fund" means the donor fund of the University established under section 33 of the Act; (r) "Employee" 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 faculty of the University; (t) "Fee" means collection made by the University from the students by whatever name it may be called for the purpose of imparting education or any activity connected therewith; (u) "Financial-aid policy" means the policy for determining the amount of waivers on various fees a student pays to attend the University; (v) "Founding Executive Team" means the Founding Executive Team established under sub-section (1) of section 41; (w) "General fund" means general fund of the University established under section 35 of the Act; (x) "Government" means the Government of the state of sikkim; (y) "Gyana Sabha" means the Gyana Sabha or Academic council as constituted 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, for students of the University provided, maintained or recognised by it; (bb) "Lobsang sabha" means the Lobsang Sabha as constituted under section 20 of the Act; (cc) "Lopon" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other person as may be appointed for imparting instruction or conducting research in the University or in a constituent 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; (ii) "sponsor or sponsoring body" in relation to a University means Denjong charities, a public charitable Trust registered in Gangtok in 1998; (jj) "State" means the State of Sikkim; (kk) "state Fund" means the state Fund established in section 31; (ll) "state Government" means the State Government of Sikkim; (mm) "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; (nn) "University" means Khangchendzonga Buddhist University, established under this Act; (oo) "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 26 of the Act; (pp) "Visitor" means the Governor of Sikkim as per section 24.

(1) There shall be a University by the name of "Khangchendzonga Buddhist University". (2) The university shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name. (3) Sponsoring body will provide for: (a) a minimum of 10 acres of contiguous land to the University on a free-hold basis; (b) required infrastructure in compliance with the minimum requirements specified by applicable regulatory bodies for the specific programs offered by the University; (c) a deposit of Rs. 1 (one) crore with the secretary, Education Department, Government of Sikkim; (d) appoint the required number of faculty and staff members in each department or discipline to be started by the University, as per the norms of applicable regulatory bodies for the programs offered by the University; (e) purchase adequate equipments, computers, furniture, other moveable and immoveable assets and infrastructure facilities (other than buildings, referred to in clause (b) of sub-section (3) of section 3 above) as per the norms of applicable regulating bodies; (f) purchase adequate number of books and journals as per the norms of regulating bodies, so as to make the library facilities adequate for contemporary teaching and research; and (g) undertake co-curricular activities like seminars, debates, quiz programs and extra-curricular activities like games, sports, National service scheme, for the benefit of students as per the norms laid down by the regulating bodies. (4) on the establishment of the University, the land and other movable and immovable properties acquired, created, arranged or built for the purpose of the university 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. (5) (a) The sponsoring Body shall set-up the Authorities and prepare the 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-financing 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, colleges, institutions of 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, and 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 University 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 Ideals 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; (iii) to make the Buddha dharma philosophy accessible to youth in Sikkim, India 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 mind to find wisdom. (ii) Karuna: translates as 'compassion'. we understand this to mean that one should have compassion, empathy for all sentient beings. (iii) Lay-Guydray: translates as the law of 'cause and effect'. we understand this to mean that there is the principle of cause and effect, action and its results that defines the order of things in the world. (iv) samaya: translates as 'sacred bond'. we understand this to mean that there is a sacred bond between oneself and others parents, lopons and friends. (b) Mission and educational philosophy shall be : (i) to empower and prepare students to transform their own lives and professions through an education that makes breakthroughs possible; (ii) to create a 'learning-centric' community where everyone, young and old, local and foreign, lopon, student and facilitator, shall be treated as a learner with immense potential, both for self-growth and to catalyze the growth of others; (iii) to create a learning university based in the value of compassion for the struggle of personal and community-wide transformation; (iv) to create a new model of higher education in a way that is meaningful and impactful and that inspires the development of other University; (v) to ensure that quality higher education should be available to all those who are able to benefit from it, including by serving those who have been historically underserved and marginalized in Sikkim and India; those who either did not have access to higher education, who did not feel it was relevant or who refuse to conform to the current system; (vi) to focus on the improvement of the social and economic welfare of the people of Sikkim and India as well as promote their intellectual, academic and cultural growth; (vii) to seek common fellowship with other cultures from around the world through dialogue, meditation and inquiry; (viii) to promote fundamental skills like reading, critical thought, discussion, writing and conducting research, all which are embedded in curriculum; (ix) to encourage great transformation for students by learning from the expertise of educators in India and around the world; and (x) to cultivate karuna and samaya and thus to enable the community to appreciate the sacred bonds within the school, within Sikkim and with peoples worldwide. (c) institutional focus shall be - (i) to maintain academic freedom and innovative research, scholarship and teaching; (ii) to take appropriate measures for promoting high-quality approaches in the educational process and in interdisciplinary studies; (iii) to achieve equality of opportunity and diversity throughout the University; (iv) to create and sustain a campus with international standards of education; (v) to create centers of excellence with state of the art facilities; (vi) to carry 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 process; (viii) to support international educational standards of learning within the University; (ix) to establish links with industry and society so that the programs so offered are relevant 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 bodies and concerned State Government(s); (xi) to collaborate with any organization, institution or association in India or abroad; and (xii) to design develop and offer educational, training 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; (ii) to issue certificates, qualification levels and other academic recognitions, as the University may determine; and (iii) to ensure that 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 India. (e) Governance shall be - (i) to protect the collective student interest through good governance; (ii) to provide full and transparent accountability for public and all other funding; (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 and officers of the University develop a shared understanding of the University's governance and operational expectations and how they wish to promote those expectations; and (vi) to pursue any other objective as may be approved by the Board of Governors.

The University shall exercise the following powers and perform the following functions namely: (a) to make the rules and regulations; (b) interpret this Act, and all rules 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, training, extension and outreach; (d) affiliate study centers, colleges, institutions of 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; (e) offer a reflective education model, as set out in the objects, that is inclusive of all learning styles and create an educational environment that is tollcisive to the pursuit of reflective learning; (f) sponsor and undertake research and educational programs in India or outside in the approved fields of education and obtain the intellectual property rights for such research or any other research; (g) provide cutting-edge opportunities for research in higher education including training and outreach in the field of education; (h) offer joint programes in collaboration with national and international Universities, and acquire membership of bodies, authorities, or associations, in such manner and for such purpose as the University may determine by the regulations; (i) create an incubator of international partnerships in furtherance of the objects of the University; (j) 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; (k) confer honorary degrees or other distinctions in the manner provided by the regulations; (l) 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; (m) create and institute professorships, associate professorships, assistant professorships, lectureships, and any other teaching, academic or research posts and to prescribe by the Rules the qualifications for the persons to be appointed to such posts; (n) 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 employees; (p) regulate the conduct and duties of the employees of the University; (q) regulate and enforce discipline among the employees of the University and to take such disciplinary measures in this regard as may be deemed necessary; (r) make arrangements for promoting the professional development, the health and the general welfare of the employees of the University; (s) determine standards of admission to the University or a Constituent/Affiliated College, Regional Centers, Study Centers; (t) establish new standards and assessment tools for secondary schools and higher education and create organizational mechanisms to implement, improve and share them; (u) institute and award fellowships, scholarships, prizes, medals and other awards, including the creation of financial mechanisms and instruments for students to fund their education; (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 of any kind from persons, businesses and any other sections of society, national and international; (y) acquire, hold, manage, maintain and dispose of any movable or immovable property, including endowment properties for the purpose of the University or a constituent/Affiliated college or a campus, Regional Centre, Study Centre, that are from donors within and outside India, in accordance with Indian law and the laws of the respective countries; (z) 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; (aa) 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 with the prior permission of the Board of Governors and 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 immovable including Government securities belonging to the University or to be acquired for the Purpose of the University with the prior permission of the Board of Governors; (dd) create academic, technical, administrative and other posts prescribing qualifications 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 India and abroad; (ff) delegate all or any of its powers to any officer or authority of the University; and (gg) do all such acts and things as the University may consider necessary conducive or incidental to the attainment or enlargement of all or any of the objects.

(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, with humility and for the benefit of all sentient beings; (b) Institute of Advanced Skills, which shall develop relevant skills, mindfulness and social awareness for eager, non-traditional students and lopons; (c) school of innovative Education, which shall inspire and create innovative, relevant and evidence based pedagogy, policy and leadership in education through inquiry, reflection, and intentional hybridity.

The University shall recruit faculty from India and around the world on a merit based system and in alignment to its vision and mission and as may be prescribed per the prescribed rules.

The University will enroll students from India and around the world on a merit based system and in alignment to its vision and mission as per the rules.

(1) The University shall reserve 10 (ten) % of its seats across all 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-qualified students and merit based scholarship as provisioned in the financial-aid policy of the University.

The jurisdiction of 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.

The University shall be open to all persons irrespective of gender, caste, place of birth, sexual orientation, identity, creed, disability, ethnicity or socio-economic background: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission to students of the State.

(1) The University shall be a not-for-profit legal entity. (2) No portion of the surplus in revenue of such university, if there is any after meeting all expenditure in regards to its operations under this Act, shall be invested for any purpose other than for the growth and development of this University or for conducting research within the University.

(1) The University shall seek reputed international accreditation. It is of utmost importance that the accreditation body assess the university based on international standards of educational and operational best practices. (2) The University shall seek accreditation from domestic accreditation authorities that may be operating or may be created under the aegis of Government of India, as per the priorities of the programs offered by the University.

(1) The following shall be the Authorities of the University:- (a) The Board of Governors; and (b) The Board of Management. (2) The following shall be strategic support Bodies for the Authorities: (a) The Gyana Sabha or Academic Council; and (b) The Lobsang Sabha or the Council of Patrons/Donors. (3) Board of Governors may create additional authorities as per the regulations or support bodies as per the rules, including but not limited to :- (a) Governance Committee; (b) The Finance Committee; (c) University Officer Selection Committee; (d) Sustainability Committee; (e) Regulations Committee; (f) Equity Committee; (g) Infrastructure Development Committee; (h) Admissions Committee; (i) Committee for Prevention of Sexual Harassment; and (j) Grievance Redressal Committee. (4) Any Committee created by the Authorities of the University shall have powers that are limited by the provision of this Act, regulations and rules.

(1) The Board of Governors shall be the apex authority of the University, with its office at the University, and have the following responsibilities under this Act: (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, Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, Leadership, Respect and Compassion. (b) The Board of Governors must be involved in the development of, take responsibility for, and monitor performance against the Institution's strategic plan, which sets the aims and objectives of the Institution and identifies the financial, physical and staffing strategies necessary to achieve these objectives. It 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 fulfilling its commitment to accountable, transparent and diligent governance as follows :- (i) Board of Overseers will comprise of alumni, academicians, 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 significant proposals regarding relevant University's policies.

(1) Subject to the provisions of this Act, the following shall be the functions of Board of Management, as the case may be. Responsibilities of the Board of Management, will be as per the regulations and include :- (a) be the main executive authority of the University; (b) maintain oversight of the operations and drive continuous improvement in all academic and administrative functions and processes of the University; (c) recommend strategic decisions, goals to the Board of Governors and oversee its successful execution; (d) ensure all regulatory compliance through the officers of the University; (e) maintain financial oversight and control, in accordance with the annual budget approved by the Board of Governors; and (f) review and recommend the recruitment, appraisals and promotion processes of administrative staff of the University to the Board of Management. (2) Powers of the Board of Management shall be defined as per regulations and shall include, but shall not be limited to ; (a) take decisions on important matters of University operations, in alignment with the strategy and goals set forth by the Board of Governors; (b) approve the recruitment and appraisal of all faculty and administrative staff members as per the regulations; (c) sanction seats and approve the admission of students across various 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 shall consist of : (a) faculty, administrators, and the Vice-Chancellor; (b) 8 -12 members; (c) Ex-officio members of the Board, which will comprise of - (i) Vice-Chancellor as the Chairperson; (ii) Dean of Schools; (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 and process, terms, meetings, quorum and selection processes of the Board of Management will be as per the regulations.

(1) Responsibilities of the Gyana Sabha shall be as per the regulations and include : (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 University; (d) oversee proposals for the creation of new programs and recommend such decisions to the Board of Management, as per the regulations; (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 promotion processes of faculty from various Schools to the Board of Management. (2) Powers of the Gyana Sabha shall be defined as prescribed and shall include, but shall not be limited to :- (a) review and recommend the recruitment and appraisal of faculty and academic staff members to the Board of Management, as per the regulations; (b) recommend the award of degrees, diplomas as per the regulations: and (c) create Committees, as per regulations, to manage academics processes. (3) The Gyana Sabha may 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) 8 -12 members; (c) Ex-officio members of the Gyana Sabha shall comprise of - (i) Vice-Chancellor as the Chairperson; and (ii) Deans of Schools. (d) other members shall be nominated as per the regulations. (5) The selection criteria and process, terms, meetings, quorum and selection processes of Gyana Sabha shall be as per the regulations. (6) conditionalities for creation of the Gyana sabha shall be as prescribed.

(1) The responsibilities of the Lobsang Sabha shall be as per the regulations and include: (a) provide advice to Board of Governors, especially on financial matters; (b) provide advice and guidance for the University; (c) Promote the University; and (d) meet with the Board of Governors annually. (2) Powers of the Lobsang Sabha shall be to :- (a) receive and review the Annual Report from Board of Governors; (b) provide recommendations to Board of Governors, and (c) elect a Chair of Lobsang Sabha. (3) Membership, selection criteria, terms, meetings, quorum and selection processes of Lobsang Sabha shall be as per the regulations.

(1) The Board of Governors, Board of Management, Gyana Sabha and the Vice-Chancellor shall have the authority to create structures and/or committees that will enable the running of the University. (2) Such structures shall be created as per the rules and regulations approved by the Board of Governors.

The criteria and process for determining disqualification, removal, resignation and deemed resignation to be prescribed by regulations.

No act or proceedings of any authority of the University shall be invalid merely by reason of any vacancy in or defect in the constitution of, any authority or body of the University.

(1) The Governor of Sikkim shall 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 report. (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 and of any University maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and 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 University, 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. (5) The Visitor may address the Vice-Chancellor of the University with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Board of Governors the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (6) The Board of Governor shall communicate through the Vice-chancellor of the University to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.

The Chancellor may be appointed by the Board of Governors and his/her duties and role shall be such as may be conferred as imposed upon him/her by this Act or rules made thereunder.

(1) The Vice-Chancellor shall be the Chief Executive Officer of the university and shall be responsible for the financial and operational affairs of the University and shall oversee all management of the University. (2) He/she shall be the only employee of the Board of Governors and shall be ex-officio member on all standing committees of the Board of Governors as per the regulations. (3) Appointments, Powers and Duties of the Vice-Chancellor shall be in such manner and on such terms and conditions of service as may be prescribed by regulations.

(1) The Registrar shall be appointed 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 power to enter into, and sign agreements and authenticate records on behalf of the University; (c) exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Vice-Chancellor; and (d) be bound to place before the Vice-chancellor or any other authority, all such information and documents as may be necessary for the transaction of their business.

(1) The Chief Finance Officer shall be appointed on such terms and conditions as may be prescribed by the regulation and shall report directly to the Vice-Chancellor. (2) when the office of the Finance officer is vacant or when the Finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such a person as the Vice-Chancellor may appoint for the purpose. (3) The Chief Finance Officer shall be ex-officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee. (4) The chief Finance officer shall exercise general supervision over the funds of the University and shall advise it as regards its financial policy. (5) The Chief Finance officer shall have such authority and responsibility as laid down in the regulations.

(1) The Board of Governors may appoint other Officers, as required, as per the regulations. (2) The powers and functions of the other Officers of the University shall be such as may be prescribed by the regulations.

(1) University shall maintain three funds created for three distinct 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 meet the 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.

(1) The following shall be the sources of 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 Gangtok. (b) Government shall place 25% of income back into the State Fund, and shall make available 75% 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. (b) The University, if required, may use 75% of the interest income received from the State Fund for the development of infrastructure of the University. It may not be used to meet any recurring expenditure of the University. The balance and unutilized interest income will be added to the State Fund.

(1) The University shall establish a General Fund to which the following amount shall be credited, namely ;- (a) fees and other charges received by the University; (b) for procurement and upkeep of the assets of the University; (c) any income received from consulting work and other work undertaken by the University in pursuit of and in meeting its objectives; (d) interest income from State Fund; and (e) other sums received by the University. (2) The funds credited to the General Fund shall be applied to meet all the recurring expenditures of the University. (3) Application of funds of the General Fund shall be carried out in the manner as may be prescribed. (4) Management of funds shall be such as may be prescribed.

(1) Sources of funds shall be - (a) The University shall establish a donor fund. This fund shall be constituted from donations and other funds from time to time. The fund shall be divided into two categories, namely a short-term Donor Account and a long-term University Endowment Fund. (2) Application of funds shall be carried out in the manner as may be prescribed. (3) Management of funds shall be such as may be prescribed.

(1) The Deposit with State, General and Donor funds shall have the supervision and control of the Board of Governors and shall be regulated and maintained in such manner as may be prescribed. (2) The University shall abide by all laws and regulations, foreign and domestic, regarding foreign donations.

(1) The annual financial statements of the University shall be prepared under the direction of the Chief Finance Officer of the University, as per the applicable laws of the State of Sikkim or may be prescribed. (2) The Board of Governors shall be responsible for overseeing accurate and detailed preparation of the audited annual financial statements, and the timely submission of the same with the Government. (3) Annual Report to the Authorities and Bodies of the University and the State Government, as per the regulations.

(1) The process for submitting, gaining approvals for, and disseminating the Annual Report shall be as per the regulations.

(1) Power to make rules: The State Government may by notification in the official Gazette may make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provided for all or any of the following matters namely :- (a) the admission of students to the University and their enrolment as such; (b) framing of policy for admissions, including regulation of reservation of seats; (c) the pattern of learning process and the courses of study to be laid down for all degrees and other academic distinctions of the University; (d) the conditions of the award of fellowships, scholarships, studentships, medals and Prizes; (e) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students; (f) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same; (g) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners, invigilators, tabulators and persons entrusted with the responsibility of evaluation; (h) fees to be charged for the various courses, examinations, degrees, distinctions or diplomas of the University; (i) provision of various student facilities and services provided by the University including but not limited to student housing; (j) provision regarding disciplinary action against the students; (k) the creation, composition and functions of any other body which is considered necessary for improving the academic standards of the University; (l) the manner of cooperation and collaboration with other Universities and institution of higher education; (m) the terms and conditions on which persons working in an approved institution, or in any institution co-operating, collaborating or associating with the University, may be approved and for withdrawing such approval; (n) the appropriate tools and mechanisms used by Chief Finance Officer to monitor finances; (o) the purposes and processes for which certificates awarded by the Gyana Sabha of the University may be recognised by the University; (p) the educational experimentation and the creation, composition and functioning of any other body which is considered necessary for improving the academic life of the University; (q) accounting policy and financial procedure; (r) representation of donors in the authorities of the University; (s) creation of new departments and abolition or restructuring of existing departments and faculties and their management, supervision and inspection; (t) the appointment of teachers and other employees of the University, their emoluments and other conditions of service: Provided that the terms and condition of donors and employees shall not be varied to their disadvantage; (u) the appointment of professors and other academic staff working in any other University or organisation for a specified period for undertaking a joint project; (v) the conditions of service of employees including provisions for establishing and offering pension, insurance, provident fund, the manner of termination of service and disciplinary action; (w) the appointment of visiting Professors, Emeritus Professors, Fellows, scholars, Resident Artists and Resident writers, and the terms and conditions of such appointment; (x) the maintenance of discipline among the employees and students of the University; (y) procedure for creation and abolition of posts; (z) University fellowships, scholarships, studentships, free ships, medals and Prizes; (aa) the procedure for conferment of honorary degrees; (bb) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such Privileges; (cc) the operation of the permanent Deposit with State Fund, the General Fund and the Donor Fund; (dd) the process for appointing outside experts; (ee) requirements for Board of Governors members' professional development commitments; (ff) provisions for honorary seats; (gg) the constitution, powers, functions of the Student Council; (hh) the mode of recruitment and the terms and conditions of service of the other officers, donors and employees of the University; (ii) the procedure for resolving disputes between the University and its officers, faculty members, employees and students; (jj) the procedure in relation to any appeal or application for review by any employee or student of the University, against the action of any officer or authority of the University, including the time within which such appeal or application for review may be preferred or made; (kk) the manner of cooperation with other Universities or Universities of higher learning; (ll) the establishment of campuses, special centers, specialised laboratories or other units for research and instruction; (mm) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (nn) the constitution and activities of the Alumni Association; and (oo) such other matters which are required to be provided by the rules or under this Act. (3) The rules shall be framed by the Founding Executive Team and shall be submitted to the Board of Governors for its approval. (4) The Board of Governors shall consider the rules, submitted by the Founding Executive Team and shall seek approval from the State Government. The Government shall consider the rules submitted by the University and shall give its approval with such modification as it may deem necessary. (5) The University shall publish the rules, as approved by the State Government, and thereafter, the rules shall come into force from the date of its publication. (6) The Board of Governors shall not propose the draft of any rules affecting the status, powers or constitution of any Authority of the University until such Authority has been given an opportunity of expressing the opinion upon the proposal. (7) Honorary degrees shall be awarded as may be prescribed.

(1) The powers to make regulations: The State Government may by notification make regulations for carrying out the provisions and other Act. (2) subject to the provisions of this Act and the rules made there under, the regulations of the University may provide for, but not be limited to, all or any of the following matters, namely;- (a) the constitution, powers and functions of Authorities and other Bodies of the University, as may be constituted from time to time; (b) the procedure for transaction of business of the Authorities of the university, and the composition of bodies not specified in this Act; (c) the selection and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (d) the delegation of powers vested in the officers or authorities of the University; (e) the management of Colleges and Institutions established by the University; (f) the terms and conditions of appointment of the Vice-chancellor, the Registrar and the chief Finance Officer and their powers and functions; (g) the terms and conditions for the appointment of the Chancellor; (h) the selection and assessment process for the chair of the Board of Governors; (i) the constitution, powers, functions and selection processes and criteria of the Finance Committee, the Lobsang Sabha, the Gyana Sabha and other authorities; (j) the process for selecting founding members of Lobsang Sabha; (k) process and conditions for the disqualification and removal of a Governor; (l) process for adding and changing rules; (m) utilization of the General Fund; (n) powers to invest the University Endowment Fund; (o) the process for submitting, gaining approvals for, and disseminating the Annual Report; (p) membership, conditionalities, criteria and selection process of Board of Overseers; and (q) all other matters which by or under the provisions of this Act require to be specified by the regulations. (3) The Government shall consider the regulations, submitted by the University and shall give its approval with such modification as it may deem necessary. (4) The University shall publish the regulations, as approved by the Government, and thereafter, the regulations shall come into force from the date of its Publication. (5) Subject to the provisions of this Act, and the rules made thereunder, the regulations 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 excluding those defined in this Act; (b) the terms and conditions of appointment of the Vice-Chancellor, his powers and functions; (c) the manner and terms and conditions of appointment of the Registrar and the Chief Finance Officer, their powers and functions; (d) the manner and terms and conditions of appointment of other officers and donors and their powers and functions. (6) (a) The Board of Governors may make new or additional regulations or amend or repeal the subject to provisions of this Act. (b) The Board of Governors shall not propose the draft of any regulation affecting the status, Powers or constitution of any authority of the University until such authority has been given an opportunity of expressing their opinion of the draft proposal, and all opinions on the matter shall be expressed in writing.

There shall be constituted in the University, a Student Council for each of the schools of the University, in each academic year, as may be prescribed.

No suit or other legal oroceeding shall proceed against any officer or emploYee of the unlversit,;-, ,nclr-:ding the Founding Executive Team, for ,ny u.tion which is done. or intended to be done, in good faith and in puisuit of the provisions of this Act. the regulations and/or the rules'

(1) The Sponsorino Bodv shall constitute a Founding Executive Tearn, through a resolution prior to the passage of the Act' thai shall act as the representative of the sponsor and as authorities in all matters inVolving the University until such time as the members of the Authorities of the University are appornted and regulations and 'ules are approved by tne state Government. (2) The mernbers of ihe Founcling Executive Team, will have responsibilitres that shall cover ail aspects of starting the University including but not limited to :- (a) authority to open bank accounts, (b) writing thg Iy-laws for and constituting all Authorittes and Bodies; (c) planning and exEcuting construction of campus; (d) writinq rules and regulations, and (e) seleciinc firsi rnr;mbers of the Board of Governors inciuding the first',lice-ill-rancellor ancj the chancellor as per provisions of the Act. (3) The initial Board of Governors will conduct the first process of bringing on new Boar| members. The Board of Governcrs shall f,en ue self-pespetuating as per the provisions of this Act, rules and regulations.

The provistons of this,Act. ri-iles and regulations shall have effect notwithstarrdit-r!l anyihing to the contrary thai is oontained in the Constitution of India. or anlr othei'laiar, for the tirne it is in force' which is made by the state Legislature relating to the Untversity.

(1) Power to remove difficulties: lf any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessarY ior' 'emovinE the oifficulty: Provided that n0 such <:i'der shall be made under this section after the exptry cf a p+r'iocJ oi two years frcn'i the commencernent of this Act,

(1) Employees shall be appointed as per the rules, Disciplinary action against employees Shall be governed by procedure prescribed in the rules. (2) Any dispute arising out of the contract between the university and an employee shali be resolved in the manner provided for in the written contract and in accordance with the rules'

ln case of disciplinary actions by the University against its employee or student, the aggrieved employee or students shall have a right to appeal as may be Prescribed.

The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in suCh manner and Subject to such conditions as may be prescribed.

lt any question arises in regard to whether a person has been duly selected or appointed, or is entitled to be selected or appointed, aS a member of any authorlty or other body of the University, the matter shall be referred to the Board of Governors who will initiate a procedure as Per the regulations,

(1) The Board of Governors, with consent from the sponsors, may recommend to'the Government to dissolve the University by giving a notice to this effect in the manner as may be prescribed to the employees and the students of the University at least one year in advance : (a) Provided that dissolution of the University shall have effect' only after the last batch of the students of the regular courses have completed their courses and have been awarded degrees, diplomas or awards, as the case may be; and (b) furlher provided that such dissolution of the university shall not have any adverse effect on the validity of degrees, diplomas or awards conferred on the students. (2) On identification of mismanagement, mal-administration and indiscipline, the Government shall issue directions to the management of the University to set right the administration. lf the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University shall vest with the Government. (3) On the dissolution of the university, all the assets and liabilities of the University shall vest in the sponsoring body. (4) On receipt of the notice as per clause 1 of section 48, the Government shall, in consultation with the relevant Regulatory Authority make such arrangements for administration of the" University from the proposed date of dissolution of the University and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be specified by the regulations,

(1) The expenditure for administratlon of the University during the taking over periorj of its management shail be met out of the Endowment Fund, General Fund or the Development Fund, (2) where the dissoli-ition of the University is due to mis-managemen'i or rnal-administration, the Government is at liberty to identify the persons respcnsible for such mis-management or mal-administration and to impose penalty as it deems fit' (3) lf the f unds ref erred to in clause (1) of section 30 are not sufficrent to rneet the expenCiture of the University during the dissolution, such expenditure ma)/ be met bl' rjispcsing of assets of the Univetsity. by tne State Gcvernrneni'

(1) The Unii,ersity Lierng sponsored by a Tiust 'ruholly composed of members Irom. a minority religion is recogntzed as a Minority Education lnstitution as per Article 30 (1)of the Constitution of lndia, (2) All Government powers regarding the University shall be as per laws pertaining to Minority Education lnstitutions'

Notwithstanding anything contained in the Act, the Government rnay, from time to time, add" amend, substitute or atter such Act as may be deemed necessary,