section Schedule
Schedule
Sikkim-Manipal University of Health, Medical and Technological Sciences Act, 19951. 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membership shall terminate when he ceases to hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled.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,
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