Sikkim-Manipal University of Health, Medical and Technological Sciences Act, 1995

(1) This Act may be called the Sikkim-Manipal University of Health, Medical and Technological Sciences Act, 1995. (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) 'Board of Studies' means the Board of Studies established for a subject under this Act. (b) 'Chancellor' means the Chancellor of the University; (c) 'Director' means the Director of the Institute; (d) 'Fund' means the fund of the University; (e) 'Governing Council' means the Governing Council of the University constituted under this Act; (f) 'Government' means the Government of Sikkim. (g) 'Institute' means the Institute of Health, Medical and Technological Sciences or any other Institute established by the Manipal Pai Foundation in the State of Sikkim; (h) 'Member' means the member of the University. (i) 'Notification' means Notification published in the Official Gazette. (j) 'Prescribed' means prescribed by rules made under this Act. (k) 'Pro-Chancellor' means the Pro-Chancellor of the University referred to in Section 8. (l) 'Registrar' means the Registrar of the Sikkim-Manipal University of Health, Medical and Technological Sciences; (m) 'Regulations' means the regulation made by the University under this Act. (n) 'Schedule' means the schedule appended to this Act. (o) 'Trust' means the Manipal Pai Foundation Trust registered under Indian Trusts Act, 1882. (p) 'University' means the Sikkim-Manipal University of Health, Medical and Technological sciences, Gangtok established under Section 3. (q) 'Vice-Chancellor' means the Vice-Chancellor of the University appointed under Section 9.

(1) With effect from such date as the State Government may by notification appoint, there shall be established in the State of Sikkim a University by the name of Sikkim-Manipal University of Health, Medical and Technological Sciences, which shall consist of a Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Governing Council, the Academic Senate and the Registrar. (2) The University shall be a body corporate by the name aforesaid, having perpetual succession and common seal with power subject to the provisions of this Act, to acquire and to hold property, to contract and shall, by the said name, sue and be sued. (3) The headquarters of the University shall be at Gangtok in the State of Sikkim.

(a) [omitted/reserved for contents in Act, but text flows directly to (b) in scan] (b) to develop patterns of teaching in the under-graduate, post-graduate levels and super-speciality of a high standard of medical education and also to develop patterns of teaching in under-graduate and post-graduate levels of technology; (c) to provide for training in para-medical and allied health sciences; (d) to provide for training in technological sciences and allied fields; (e) to function as referral hospital and a specialized technical institution; (f) to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences including inter-disciplinary fields of physical, biological and technological sciences.

The powers and functions of the University shall be :- (a) to assist in administering and managing the Institute or Institutes and such other centres for research, education and instructions as are necessary for the furtherance of the objects of the University; (b) to provide for instruction, teaching and training in such branches of knowledge or learning pertaining to medicine, technology, health and allied sciences, as the University may think fit and to make provision for research, advancement and dissemination of knowledge of medicine and health etc ; (c) to hold examinations and to grant and confer degrees, diplomas or certificates and other academic distinctions on persons who have passed a course of study in the institutes, or carry on research, subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degree of other academic distinctions on good and sufficient cause; (d) to create a centre of excellence for providing health, medical care, education and research facilities of high order in the field of medical sciences and technological institutions, including continuing medical education and hospital administration, dental, nursing and other faculties as may be deemed expedient by the Governing Council; (e) to develop patterns of teaching in under-graduate, post-graduate and super specialities so as to meet a very high standard of medical education; (f) to provide for teaching and training in para-medical and allied health sciences; (g) to provide for training in technological sciences and in the fields related to medicine and health; (h) to function as referral hospital and specialized technological institutions; (i) to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences, including inter-disciplinary fields of physical, biological sciences and technological sciences. (b) to develop patterns of teaching in the under-graduate, post-graduate levels and super-speciality of a high standard of medical education and also to develop patterns of teaching in under-graduate and post-graduate levels of technology; (c) to provide for training in para-medical and allied health sciences; (d) to provide for training in technological sciences and allied fields; (e) to function as referral hospital and a specialized technical institution; (I) to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences including inter-disciplinary fields of physical, biological and technological sciences. The powers and functions of the University shall be :- (a) to assist in administering and managing the Institute or Institutes and such other centres for research education and instructions as are necessary for the furtherance of the objects of the University; (b) to provide for instruction, teaching and training in such branches of knowledge or learning pertaining to medicine, technology health and allied sciences, as the University may think fit and to make provision for research, advancement and dissemination of knowledge of medicine and health etc ; (c) to hold examinations and to grant and confer degrees, diplomas or certificates and other academic distinctions on persons who have passed a course of study in the institutes, or carry on research, subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degree of other academic distinctions on good and sufficient cause; (d) to create a centre of excellence for providing health, medical care, education and research facilities of high order in the field of medical sciences and technological institutions, including continuing medical education and hospital administration, dental, nursing and other faculties as may be deemed expedient by the Governing Council; (e) to develop patterns of teaching in under-graduate, post-graduate and super specialities so as to meet a very high standard of medical education; (f) to provide for teaching and training in para-medical and allied health sciences; (g) to provide for training in technological sciences and in the fields related to medicine and health; (h) to function as referral hospital and specialized technological institutions; (i) to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences, including inter-disciplinary fields of physical, biological sciences and technological sciences; (j) to fix, demand and request fees and other charges; (k) to institute and maintain halls and hostels and to recognise places of residence for the students of the University and to withdraw such recognition accorded to any such places of residence; (l) to establish such special centres, or other units for research and instruction as are, in the opinion of University, necessary for the furtherance of its objects; (m) to supervise and control the residence and to regulate the discipline of the students of the University and to make arrangements for promoting their health; (n) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto; (o) to regulate and enforce discipline amongst the employees of the University and to take such disciplinary measures as may be deemed necessary; (p) to institute professorship, associated professorship, assistant professorship, readership, lectureship, an any other teaching, academic or research posts required by the University; (q) to appoint persons as professors, assistant professors, readers, lecturers, or otherwise as teachers and researchers of the University; (r) to institute and award fellowships, scholarships, prizes and medals; (s) to provide for printing, reproduction and publication of research and other works and to organise exhibitions; (t) to co-operate with other organisations in the matter of medical and health education, training and research for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine; (u) to co-operate with institutions of higher learning in any part of the world having objects wholly or partly similar to those of the University, by exchange of teachers and scholars and generally in such manner as may be conducive for furtherance of the objects of the University; (v) to regulate the expenditure and to manage the accounts of the University; (w) to establish and maintain within the premises of the University or else where, such class rooms study halls as the University may consider necessary and adequately furnish the same; (x) to receive grants, subscriptions, donations and gifts for the purpose of University and consistent with the objects for which the University is established; (aa) to enter into agreements with the Central Government, State government, the University Grants Commission or other authorities for receiving grants; (ab) to accept grants of money, securities or property of any kind on such terms and conditions as may be deemed expedient; (ac) to raise and borrow money on mortgage, promissory notes or on other obligations or securities based upon on or any of the properties and assets of the University with or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University; all expenditures incidental to the raising of money and to repay and redeem any money borrowed; (ad) to invest the funds of the University or money entrusted to the University in other such securities and in such manner as it may deem fit and from time to time transpose any investment; (ae) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and management of the University and to alter, amend and to rescind them; (af) to delegate all or any of its powers to the Pro-Chancellor, the Vice-Chancellor or any committee or sub-committee or to any one or more members of the Trust; and (ag) to do all such other acts and things as the University may consider necessary, conducive or instrumental to the attainment and enlargement of the aforesaid objects or anyone of them.

(1) All recognised teaching in connection with the degree, diplomas and certificates of the University shall be conducted, under the control of the Governing Council by the teachers of the University, in accordance with syllabus prescribed by the regulations of the University or the Medical Council of India or by any other appropriate authority. (2) The course and curricula and the authorities responsible for organising such teaching shall be as prescribed by regulations.

(1) The Governor of the State of Sikkim shall be the Chancellor of the University. (2) The Chancellor will preside over the convocations of the University. (3) The Chancellor shall, once in every five years, cause to be reviewed the progress of the University in such manner as he may think fit.

(1) The President or Chairman of the Manipal Pai Foundation shall be the Pro-Chancellor of the University. (2) The Pro-Chancellor shall preside over the meeting of the Governing Council and Executive Committee and shall exercise such other powers and functions vested with him by or under the provisions of this Act. (3) In the absence of the Chancellor, the Pro-Chancellor shall preside over the convocations of the University.

(1) The Vice-Chancellor shall be a whole time officer of the University. (2) He shall be appointed by the Pro-Chancellor in accordance with the procedures prescribed in Section 10 of the Act. (3) No person shall be appointed or hold office as Vice-Chancellor if he has attained the age of 65 years. (4) The Vice-Chancellor shall, subject to pleasures of the Pro-Chancellor and the provisions of sub-section (3), hold office for a period of five years; but he shall be eligible for re-appointment; Provided that no person shall be appointed as Vice-Chancellor for more than two terms: Provided further that no Vice-Chancellor shall be removed from the office except by an order passed on the ground of mis-behaviour, mis-management, mis-capacity or otherwise after due enquiry by a serving or retired Judge of the Sikkim High Court, appointed by the Chancellor. (5) The emoluments and other service conditions of the Vice-Chancellor shall be such as may be determined by the Pro-Chancellor in accordance with the regulations, if any, framed in this behalf and they shall not be varied to his dis-advantage after his appointment. Without prejudice to cause 5 the Executive Committee shall have the following powers and function, namely :- (1) to appoint, from time to time, the Registrar, the Director, the Librarian, the Professor, Readers, Associated Professors, Assistant Professors and other members of teaching staff, as may be necessary : (2) to appoint, from time to time, such Ilumber of other officers, employees and on such terms and conditions as it may deem fit for carrying out the management and affairs of the University; (3) to create administrative, ministerial and other necessary post, and to determine the emoluments of such positions, to specify minimum qualifications for appointment to such posts subject to such law, as may be applicable, and for the time being in force, and to appoint persons to such posts on such terms and condtions of services as may be prescribed by the regulations made in this behalt, after delegating the powers of appointment to such authority or authorities or office or officers as the Executive committee may, from time to time, by resolution, generally or specifically, direct; (4) to excercise, control and discipline over the employees of the University; (5) to accept on behalf of the University, endowment, bequests, donations, grants and transfers of any immovable property; (6) to receive money, securities, instruments or any other movable properties for and on behalt of the University; (7) to grant receipts, sign and execute instruments and endorsements, discount cheques crolher negotiable'instruments through its accredited agencies; (8) to mako, sign and account of such ..documents and instruments as may be necessary or proper for carrying out the management of the property or affairs of the University; (9) to introduce courses of study at the University and to take decision on the recommendations of the Academic Senate; (10) to co-operate and co-opt witll other educational and medical institutions and authorities in India and abroad; (11) to create fellowships and scholarships or other assistance on such ' terms and condilions.as it may prescribe, to such person as it may select to carry out research, investigation or study; (12) to propose regulations for consideration and adoption of the Governing Council; (13) to grant in accordance with the regulations leave of absence other than casual leave to.any officer of the University and to make necessary arranoements for the discharge of the functions of such officer during his absence; (14) to manage and regulate finances, accounts, investments, property, business and all other administrative affairs of the school and for tha; purpose to appoint such agents, as it may think fit; (15) to invest any money belonging to the University, Including any unapplied income, in such stock, funds, shares or securituies, as it may from time to time, think fit or in the purchase of immovable property in India, with the like power of varying such investiments form time to time; (16) to transfer or accept transfers of any movable or immovable property on behalf of the University; (17) to enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers, as it may think fit; (18) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (19) to entertain, adjudicate upon,' and if it thinks fit, to redress any grievances of the offficers of the University, the teachers, the students and the University employees, who may, for any reason, feel aggrhv Jd, otherwise than by an act of a Court. (20) to appoint examiners and moderators, and if necessary to remove them and to fix their fees,emoluments and traveling and other alowances, after consulting with 'the Academic Senate; (21) to select a common seal for the University and to provide for the custody of the seal; and (22) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.

(1) The Vice-Chancellor of the University shall be appointed by the Pro-chancellor from out of a panel of not less than three persons recommended by a committee consisting of three persons of whom one shall be nominated by the Chancellor; one by the Pro-Chancellor and one by the Academic Senate of the University. The Chancellor shall appoint one of the three persons to be Chairman of the Committee. (2) The committee shall forward the panel of names to the Pro-Chancellor together with a concise statement showing the academic qualifications and other distinctions of each of the persons included in such panel but shall not indicate any order of preference. (3) Where a vacancy in the office of the Vice-Chancellor occurs and it cannot be conveniently and expeditiously in accordance with the provisions of sub-sections (1) and (2) or if there is any emergency, the Pro-Chancellor may appoint any suitable person to be the Vice-Chancellor and may, from time to time, extend the term of such appointment provided the total term of such appointment, including the term extended, shall not exceed one year. (1) The Executive Committee shall meetat least once in three months and not less than 15 days notice shall be given for such meeting. (2) Four members of the Executive Committee shall constitute a quorum for any meeting thereof. (3) In case of difference of opinion amongthe members, the opinion of the majority shall prevail. (4) Each member of the Executive Committee shall have one vote if ihere shall be equality of votes on any question to be determined by the Executive Committee, the Chairman of the Executive Committee or the person presiding over the meeting, shall, in addition, have a casting vote. (5) Every meeting of the Executive Committee shall be presided over by the Chairman and in his absence by a member chosen by the members present to preside on the occasion. (6) If urgent action by tho Executive Committee becomes necessary, the Pro-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Committee. (7) The action proposed to be taken shall not be taken unless agreed to by the majority of the members of the Executive Cornmluee. The action so taken shall be forthwith intimated to all the members of the Executive Committee and the papers shall be placed before the next meeting of the Executive Committee for confirmation.

(1) The Vice-Chancellor shall preside over the meetings of the Academic council. (2) Without prejudice to the generality of the provisions contained in Sub-section (1), the Vice-Chancellor shall: (a) exercise general supervision and control over the affairs of the University; (b) ensure the observance of the provisions of the Act and regulation of the University; (c) be responsible for imparting of instructions and maintenance of discipline in the University; (d) create or abolish posts in cadres other than teaching cadres of the University and in respect of teaching cadre to create posts for a period not exceeding six months; (e) in case of any emergency which, in his opinion, requires immediate action, the Vice-Chancellor shall take such action as he deems necessary and shall, at the earliest opportunity thereafter, report the action taken to such authority or body as would in the ordinary course have dealt with the matter: Provided that if the action taken by the Vice Chancellor is not approved by the authority or body concerned, it may refer the matter to the Pro-Chancellor, whose decision shall be final. Provided further that if the decision taken by the authority or body on the report of the Vice-Chancellor under this Section affects adversely any person in the service of the University, he may prefer an appeal to the Chancellor within thirty days from the date on which the decision was communicated to him and the decision of the Chancellor on such appeal shall be final. (4) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act or, as may be delegated to him by the Governing Council or the Pro-Chancellor, as the case may be. (1) Subject to the provisions of this Act and the regulations made in this behalf, the Executive Committee may, by resolution, constitute such standing cornm idee or appoint Ad-hoc Committees for such purposes and with such powers as the Executive Committee may think fit for exercising any power for discharging any function of the university or for enquiring, into, reporting or advising upon any matter relating to the Institute. (2) The Executive Committee may co-opt such person to the Standing Committee or Ad-hoc Committee as it consider suitable and permit them to attend the meeting of the Executive Committee.

(1) The Registrar shall be a whole time officer of the University appointed by the Vice-Chancellor with the approval of the Executive Committee from out of a panel of not less than three persons recommended by the Vice-Chancellor to the Executive Committee. If none in the panel is approved by the Executive Committee within the time prescribed by the regulations, the Pro-Chancellor may in consultation with the Vice-Chancellor, appoint such person as he deems fit to be the Registrar. (2) The emoluments and terms and conditions of the service of the Registrar shall be such as may be prescribed by the regulations. (3) The Registrar shall be the ex-officio Secretary of the Executive Committee, the Academic Senate, the Finance Committee and the faculties, but shall not be deemed to be a member of any of these authorities. (4) The Registrar shall:- (a) comply with all directions and orders of the Executive Committee and the Pro-Chancellor: (b) be the custodian of the records, common seal and such other property of the University as the Executive Committee shall commit to his charge: (c) issue all notices convening meeting of the Executive Committee, the Academic Senate, the Finance Committee, the faculties, the Board of Studies and of any committee, appointed by the authorities of the University; (d) keep the minutes of all meetings of the Executive Committee, the Academic Senate, the Finance Committee, the Faculties and any committee appointed by the authorities of the University; (e) Conduct the official correspondence of Executive Committee and the Academic Senate; (f) supply the Chancellor the copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meeting; (g) call a meeting of the Executive Committee forth with in an emergency, when neither the Vice-Chancellor nor the Officer duly authorised is able to act and to take its directions for carrying on the work of the University; (h) be directly responsible to the Vice-Chancellor for the proper discharge of his duties and functions; and (i) perform such other duties as may be assigned, from time to time, by the Executive Committee or the Vice-Chancellor. (5) In the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Vice-Chancellor to authorise any officer in the service of the University to exercise such powers, functions, and duties of the Registrar as the Vice-Chancellor deems fit. Executive Committee may, by resolution, delegate to the Registrar or to a committee such of its powers as it may deem fit subject to the condition that the action taken by the Registrar or such committee in the exercise of powers, so delegated shall be reported at the next meeting of the Executive Committee.

The following shall be the authorities of the University:- (1) The Governing Council. (2) The Executive Committee. (3) The Academic Senate. (4) The Finance Committee (1) The Acadernlc Senate shall consist of the following persons namely-(a) Vice-Chancellor - Chairman. (b) Registrar - Secretary. (c) Deans of the Faculties. (d) Four professors from the faculty members nominated by the Vice-Chancellor. (e) One nominee of Pro-Chancellor. (f) Four external experts nominated by the Pro-Chancellor. (2) The term of office of the members other than ex-officio members shall be three years. Provided that the terms of the first Academic Senate shall be five years.

The following shall be the officers of the University, namely:- (a) The Chancellor. (b) The Pro-Chancellor. (c) The Vice-Chancellor. (d) The Registrar. (e) The Dean of the Faculty of Health Sciences. (f) The Dean of the Faculty of Technology. (g) The Director. (h) such other persons as may be prescribed to be the officers of the University. Subject to the provisions of this Act and the regulations, the Academic Senate shall, in addition to all other powers vested in it, have the following powers, namely:- (1) to report on any matter referred or delegated to it by the Governing Council or the Executive Committee; (2) to make recommendations to the Executive Committee with regard to the creation, abolition or classfication of teaching posts in the University and the emoluments and the duties attached thereto; (3) to formulate, and modify or revise schemes for the organisation of the faculties, and to assign to such faculties their respective subjects and also to report to the Executive Committee as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another. (4) to make arrangements through regulations for the instruction and [Note: list truncated in original document provided, appears to continue beyond (4)] (11) to make arrangements for the conduct of examinations and to fix dates for holding them; (12) to declare the result of the various examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, licenses, titles and marks of honour; (13) to award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards; (14) to publish lists of prescribed or recommended text-books and to publish syllabus of the prescribed courses of study; (15) to prepare such forms, and registers as are, from time to time, prescribed by regulations; and (16) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations.

The Governing Council shall be the supreme authority of the University. (1) The Academic Senate shall meet as often as may be necessary, but not less than two times during an academic year. (2) One half of the total number of members of the Academic Senate shall form quorum for meeting of the Academic Senate. (3) In case of difference of opinion among the members the opinion of the majority shall prevail. (4) Each member of the Academic Senate, including the Chairman of the Academic Senate shall have one vote and if there shall be an equality of votes on any question to be determined by the Academic Senate, the Chairman of the Academic Senate or, as the case may be, the member presiding over the meeting, shall, in addition, have a casting vote. (5) Every meeting of the Academic Senate shall be presided over by the Chairman of the Academic Senate and in his absence, by a member chosen by the meeting to preside on the occasion. (6) If urgent action by the Academic Senate becomes necessary, the Chairman of the Academic Senate may permit the business to be transacted by circulation of papers to the members of the Academic Senate. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Senate. The action so taken shall be forthwith intimated to all the members of the Academic Senate. The papers shall be placed before the next meeting of the Academic Senate for confirmation.

(1) There shall be a Finance Committee constituted byths Academic Senate consisting of the following, namely:- (a) The Pro- Chancellor. (b) The Vice-Chancellor. (c) The Finance Officer. (d) A nominee of the State.Government of Sikkim. (e) Two nominees of the Governing Council. (3) the functions and duties of the Finance Committee shall be as follows:- (a) to examine and scrutinise the annual budget of the University and to make recommendation on financial matters to the Executive Committee. (b) to consider all proposals for new expenditure and to make recommendations to the Executive Committee. (c) to exarnlne the annual accounts of the University and advice the E),ecutive Committee thereon. (d) to examine the annual budget estimate and advice the Executive Committee thereon. (e) to review tile financial position of the University from time to time. (f) to make recommendations t the Executive Committee on all financial matters relating to .he University, and (g) to make recommendations to the Executive Committee on all pro posals involving the raising otfu.ios, receipts and expenditure. (4) The Finance Committee shall meet at least twice in every year. Three members of the Finance Committee shall form the quorum. (5) The Pro-Chancellor shall preside over the meeting of the Finance Committee and "in his absence, the Vice-Chancellor shall preside. (6) In the case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.

(1) The Director of the Institute shall be appointed by Manipal Pai Foundation in accordance with the rules made by it in this behalf. (2) The Director shall be an academic person possessing such qualifications as may be prescribed by the rules or regulations of the Medical Council of India. (3) The Director shall be a whole time officer of the Institute and shall exercise powers of management and administration of the Institute.

(1) Subject to the provisions of this Act, the Executive Committee shall have, in addition to all other power vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University: Provided that the Executive Committee shall not make any regulation affecting the status, power or the constitution of the University until such authority has been given an opportunity of expressing an opinion in writing, on the proposed changes, and any opinion so expressed shall be considered by the Executive Committee: Provided further that except with the prior concurrence of the Pro-Chancellor, Executive Committee shall not make and/or repeal any regulation affecting any or all of the following matters, namely: (a) The constitution, powers and duties of the Academic Senate and of the Pro-Chancellor; (b) The authorities responsible for organising the teaching in connection with the courses of the University and related academic programmes. (c) The withdrawal of degrees, diplomas and certificates and other academic distinctions. (d) The establishment and abolition of faculties, department halls and institutions. (e) The institution of fellowship, scholarships, exhibitions, medals and prizes. (f) Conditions and modes of appointment of examiners or conduct or standard of examination or any other course of study. (g) Mode of enrolment of admission of students. (2) The Academic Senate shall have the power to propose regulations on all matters specified in clauses (e) to (g) of the above sub-section and on matters incidental and related thereto in this regard. (3) Where the Executive Committee has rejected the draft of the regulation proposed by the Academic Senate, the latter may appeal to the Pro-Chancellor and the Pro-Chancellor may, by order, direct that the proposed regulation may be laid before the next meeting of the Governing Council for its approval and that pending such approval of the Governing Council it shall have effect from such date as may be specified in that order. Provided that if the regulation is not approved by the Governing Council at such meeting, it shall cease to have effect. (4) All regulations made by the Executive Committee shall be submitted, as soon as may be, for approval to the Pro-Chancellor and to the Governing Council at its next meeting and the Governing Council shall have power by a resolution passed by the Majority of not less than 2/3 of the members present, to cancel any regulation made by the Executive Committee and such regulation shall, from the date of such resolution, cease to have effect. (1) There shall be a head of the department for each of the department in the University. (2) The powers, functions, appointments and t~e conditions of service of the heads of the department shall be as prescribed by regulations.

(1) The Chancellor shall at least once in every five years, constitute a committee to review the working of the University and to make recommendation. (2) The Committee shall consist of not less than three eminent educationists, one of whom shall be the chairman of the committee appointed by the Chancellor in consultation with the State Government. (3) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine. (4) The Committee shall, after holding such enquiry as it deems fit, make its recommendations to the Chancellor. (5) The Chancellor may take such actions on the recommendations as he deems fit. (1) There shall be a Board of studies for each faculty in the University.

(1) Notwithstanding that the Governing Council, Executive Committee, Academic Senate or any other authority or body of the University is not duly constituted or there is a defect in its constitution or re-constitution at any time and notwithstanding that there is a vacancy in the membership of such authority or body, no act or rule or proceedings of such authority or body shall be invalidated on any such ground or grounds. (2) No resolution of any authority of the University shall be deemed to be invalidated on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body were not prejudicially affected by such irregularity.

If any difficulties arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of the Act or the regulations, the Pro-Chancellor may, at any time, before all such authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of the Act and the regulations, which appear to him necessary or expedient for the purpose of removing the difficulty, and every such order shall have the effect as if such appointment or action had been made or taken in the manner provided in this Act and the regulations: Provided that before making any such order, the Pro-Chancellor shall ascertain and consider the opinion of the Registrar of the University or such appropriate authority as he may deem fit and proper. All the permanent employees of the University shall be entitled to the benefit of the provident fund and gratuity in accordance with such regulations as may be framed in that behalf by the Executive Committee.

For the purpose of removal of doubts, it is hereby declared that nothing in this Act shall be construed as transferring from the Manipal Pai Foundation to the University such rights of ownership or possession, if any, possessed by the said Foundation over or in respect of the Institutes established by it or its predecessor. (1) There shall be a fund for the University which shall include;- (a) any contribution or grant made by the Manipal Pai Foundation, Manipal Dakshna Kannada, Karnataka; (b) any contribution or grant made by the State Government of Sikkim; (c) any contribution or grant made by the University Grants Commis- sions or Central Government; (d) any contribution or grant made by the Medical Council of India: (e) any bequests, donations, endowments or other grants made by the private individuals or institutions; (f) income received by the University from fees and charges; and (g) amounts received from any other sources. (2) Tile amount in the sai~ fund shall be.kept in a Scheduled Bank as defined by theReserve Bank of India Act, 1934 or in the corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertak- ings) Act, 1980 or may be invested in such securities authorised by the Indian Trusts Act, 1882, as may be decided by the Governing Council. (3) Tile fund may be operated for such purposes of University and in such manner as may be prescribed by regulations.

(1) The Annual Accounts of the University shall be prepared under the directions of the Executive Committee. (2) The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Committee. Provided that the State Governmentshall have power to direct, whenever considered necessary, an audit of the account of the University, including the institutions managed by it, by such auditors, as it may specify. (3) The accounts when audited shall be published by the Executive Committee and a copy of the accounts together· with the audit report shall be placed before the Governing Council and also shall be submitted to the State Government. (4) The Annual Accounts shall be considered by the Governing Council at its annual meeting. The Governing Council may pass resolutions with reference thereto and communicate the same to the Executive Committee. The Executive Committee shall consider the suggestions made by the Governing Council and take such action thereon as itthinks fit. The Executive Committee shall inform the Governing Council at its next meeting all actions taken by it or the reasons for not taking action.

The authorities of the University and the composition, powers, functions and other matters related to them, the officers of the University and their appointment, powers, functions and other matters relating to them and all other matters relating to the functions, powers, teaching, administration and management of the affairs of the University shall, subject to the provisions of this Act, be as specified in the Schedule or as may be provided by the regulations.

No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the Pro-Chancellor, the authorities or the officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any regulations made thereunder. (i) The Executive Committee shall prepare the annual report containing such particulars as the Governing Council mayspecify, covering each financial year and submit it to the Governing Council 0(1 or before such date as may be prescribed by the regulations. The Governing Council may pass resolutions thereon and the Executive Committeeshall take action inaccorciance therewllh, The action taken shall be intimated te,the Governin~ Council, (2) Copies of the annual report along with the resoJution of the Governing Council thereonshalfbe submitted to thr State GovernlTl~nt. The State Governmentshalilay thesame before the State Legislature at their nextearliest session.

(1) The Governing council may, with the previous approval of the Pro-Chancellor and the State Government, by notification amend either prospectively or retrospectively the Schedule. (2) A copy of the Notification made under sub-section (1) shall be laid before the Legislature as soon as may be, after it is made. All connactsrelatru tothe Nlanagementand administration of tile Univer- sityshall be expressed to have been made by the Executive Committee, and shall be ex-ecutedby Vlce-Chancellorwhen the value of the contract ls above ten lakbs of rupees and by;theRegistrar~when itsvalue does not exceed ten lakhs of rupees.

The provisions of this Act and any regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any other instrument having effect by virtue of any law other than this Act. (1) 'Nostudent shall be eligible for admission tOq,GpUfSBof study for a.deqree or diploma, unless he possesses .such qualifications as may be prescribed by the regulations; (2) The University shall give preference to locaLpeople of the State while-granting admission to the Institutions under it.

Every student.ot the University shall reside in a hQs.t~1maintained or recognised by the·JJniversityor under such.concinons as maybe prescribedby the regulations.

If not less ,than two~thirds.otne member of" 111,9 Academic Senate, recommend thatanhonorary degre.eor academic distinctio(l baconlerreo on any person an the gr.oundthat he is in their opinion by reason qf eminent-attainment :::lnrl nrrsition. fitand orocer to receive such degree or academe distinction, ·the

(3) A copy of the resolution passed by the Governing Council shall be immediately sent to the person concerned. (4) Any person aggrieved by the decision taken by the Governing Council may appeal to the Chancellor within thirty days from the date of the receipt of such resolution. (5) The decision of the Chancellor in such appeal shall be final.

(1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of the University, hostels and Institutions. (2) Notwithstanding anything contained in sub-clause (1), the punishment of debarring a student from the examination or restriction from the University or a hostel or an institution, shall on the report of the Vice-Chancellor be considered and imposed by the Executive Committee: Provided that no such punishment shall be imposed without giving to the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him.

Whenever the University receives funds from any Government, the University Grants Commission-or other agencies sponsoring a scheme to be executed by the University.noiwijhstandln; anything in this Act and Regulations:- (a) the amount received shall be kept by the University separately fromfhe University Fund and utilised only for the purpose' of the scheme; and (b)thG staff required to execute the scheme shall be recruited in ac- cordance with theterms and conditions stipulated by the sponsor- ingorganisation.

1. In this Schedule, unless the context otherwise requires,- (a) 'Clause' means a clause of the Schedule; (b) 'Teacher' includes Deans, Professors, Associated Professors, Assistant Professors, Readers, Lecturers and any other person imparting instructions in the University.

2. There shall be a Governing Council of the University, which shall consists of the following members, namely:- (a) The Pro-Chancellor. (b) The Vice-Chancellor. (c) The Registrar. (d) Two nominees of the Government of Sikkim. (e) One nominee of the Manipal Pai Foundation (f) The Dean of the Faculty of the Health Sciences. (g) The Dean of the Faculty of Technology. (h) Two experts to be nominated by the Pro-Chancellor. (i) Two Faculty members of the University nominated by the Pro-Chancellor from a panel of four nominees recommended by the Vice-Chancellor. (j) Two Faculty members to be nominated by the Academic Senate.

3. (1) The Pro-Chancellor shall be the Chairman of the Governing Council. (2) The Vice-Chancellor shall be the Vice-Chairman of the Governing Council. (3) The Registrar shall be the Secretary of Governing Council.

4. (1) The term of office of the Governing Council shall, subject to sub-clauses (2) and (3), be five years: Provided that the term of office of the first Governing Council will expire on constitution of the regular Governing Council under the provisions of the Schedule. (2) Where a member of the Governing Council has become such member by reason of the office or appointment he holds, or is nominated member, his membership shall terminate when he ceases to hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled. (3) A member of the Governing Council shall cease to be a member, if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Registrar, accepts a full time appointment in the University or if he fails to attend three

5. (1) The Governing Council shall have all the powers necessary for the administration and management of the University or for conducting its affairs, including power to review the action of the Executive Committee, the Academic Senate, the Finance Committee and all other committees and the power to review the regulations made by the Executive Committee and shall exercise the powers of the University not otherwise provided in this Act. (2) Without prejudice to the generality of the powers conferred by sub-clause (1), the Governing Council shall,- (a) recommend the broad policies and programmes of the University and suggest measures for the improvement and development of the University; (b) Consider and pass the resolution on the annual report, the financial estimate and the audit report on such accounts: (c) Perform such other functions as it may deem necessary in the proper functioning and administration of the University. (3) Without prejudice to the generality of the powers conferred by sub-clauses (1) and (2), the Governing Council shall perform the following functions, namely:- (a) Take steps for achieving the objectives of the University; (b) hold control and administer the property and funds of the University; (c) Acquire and hold any movable or immovable property on behalf of the University; (d) administer any funds placed at the disposal of the University for specific purposes; (e) manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the Institute and for that purpose appoint such agent as it may think fit; (f) Invest the money belonging to the University (including any income from trust and endowed property) in such stocks, funds, shares or securities as it may, from time to time, think fit and appropriate; (g) enter into, vary, carry out and cancel contracts on behalf of the University; (h) regulate and determine all other matters concerning the University in accordance with the provisions of the Act and the rules and regulations made thereunder: (i) delegate any of its powers to a committee or the Vice-Chancellor or to any Officer of the University; and (j) co-operate with the other Institutions and Universities and other authorities in such manner and for such purpose as it may be determined.

6. (1) The Governing Council shall meet at least once in a year. Annual meeting of the Governing Council shall be held on a date to be fixed by the Executive Committee, unless some other date has been fixed by the Governing Council in respect of any year. (2) The Chairman shall preside over the meetings of the Governing Council and in his absence the vice-chairmen shall preside over the meeting and in the absence of both of them, the Registrar shall preside. Provided that the Chancellor may attend the meeting of the Governing Council and if he so attends a meeting, he shall preside over the same. (3) A report of the working of the University during the previous year, together with a statement of receipt and expenditure, the balance sheet as audited and the financial statement shall be presented by the Registrar to the Governing Council at its annual meeting. (4) The meeting of the Governing Council shall be called by the Chairman, or in his absence by the Registrar either in his own or at the request of not less than five members of the Governing Council. (5) For every meeting of the Governing Council fifteen days notice shall be given. (6) Two thirds of the Members of the Governing Council shall form the quorum. (7) Each member shall have one vote and if there being equality of vote on any question to be determined by the Governing Council, the Chairman or the person presiding over the meeting, shall, in addition, have a casting vote. (8) In the case of difference of opinion among the members, the opinion of the majority shall prevail. (9) If urgent action by the Governing Council becomes necessary, the Chairman may permit the business to be transacted by the circulation of papers to the members of the Governing Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the Governing Council. The action so taken shall be forth with intimated to all the members of the Governing Council and the papers shall be placed before the next meeting of the Governing Council for confirmation.

7. (1) The Executive Committee shall consist of the following members, namely, (a) The Pro-Chancellor. (b) The Vice-Chancellor. (c) The Registrar. (d) Two nominees of the Government of Sikkim. (e) The Dean of the faculty of Health Sciences. (f) The Dean of the faculty of Technology. (g) The Finance Officer. (h) A nominee of the Manipal Pai Foundation. (2) The Pro-chancellor shall be the chairman of the Executive Committee.

8. (1) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when. [Remaining clauses of Section 8 not provided in input]

9. Without prejudice to clause 5 the Executive Committee shall have the following powers and function, namely :- (1) to appoint, from time to time, the Registrar, the Director, the Librarian, the Professor, Readers, Associated Professors, Assistant Professors and other members of teaching staff, as may be necessary; (2) to appoint, from time to time, such number of other officers, employees and on such terms and conditions as it may deem fit for carrying out the management and affairs of the University; (3) to create administrative, ministerial and other necessary post, and to determine the emoluments of such positions, to specify minimum qualifications for appointment to such posts subject to such law, as may be applicable, and for the time being in force, and to appoint persons to such posts on such terms and conditions of services as may be prescribed by the regulations made in this behalf, after delegating the powers of appointment to such authority or authorities or office or officers as the Executive committee may, from time to time, by resolution, generally or specifically, direct; (4) to exercise, control and discipline over the employees of the University; (5) to accept on behalf of the University, endowment, bequests, donations, grants and transfers of any immovable property; (6) to receive money, securities, instruments or any other movable properties for and on behalf of the University; (7) to grant receipts, sign and execute instruments and endorsements, discount cheques or other negotiable instruments through its accredited agencies; (8) to make, sign and account of such documents and instruments as may be necessary or proper for carrying out the management of the property or affairs of the University; (9) to introduce courses of study at the University and to take decision on the recommendations of the Academic Senate; (10) to co-operate and co-opt with other educational and medical institutions and authorities in India and abroad; (11) to create fellowships and scholarships or other assistance on such terms and conditions as it may prescribe, to such person as it may select to carry out research, investigation or study; (12) to propose regulations for consideration and adoption of the Governing Council; (13) to grant in accordance with the regulations leave of absence other than casual leave to any officer of the University and to make necessary arrangements for the discharge of the functions of such officer during his absence; (14) to manage and regulate finances, accounts, investments, property,