Chapter I Chapter I

Short title and Commencement

1. (1) This Act may be called the Netaji Subash Chandra Bose University of Excellence, University Act, 2022.
2. (2) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Act.

In this Act, and in all Statutes or Rules and Regulations made hereunder, unless the context otherwise requires:-

1. (1) "Academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
2. (2) "Act" means this Act passed by the Sikkim Legislative assembly and having received the assent of the Governor on such date or dates as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Act;
3. (3) "Board" in relation to this University, means the Board of Governors as defined in Section 18;
4. (4) "Campus" means Campus of the University to be established under this Act, wherein its major facilities, faculty, staff, students and its Academic Departments are located in Sikkim;
5. (5) "Chief Finance and Accounts Officer" means the person who shall be the principal finance, accounts, and audit officer of the University, as defined in Section 15;
6. (6) "Committees" means the committees constituted by the authorities and officers of the University as defined in Section 24 and specified by the Statutes and Ordinances;
7. (7) "Contract Agreement" means the contract agreement dated 6th day of April 2021 executed between State Government and Implementing Partner, for establishing, managing and operating the Netaji Subash Chandra Bose University of Excellence;
8. (8) "Controller of Examinations" means the person who shall be the Principal Officer-in-Charge of the conduct of examinations and tests of the University as defined in Section 14;
9. (9) "Deans" means persons as stated in Section 12 and comprises of Deans of Schools, Dean of Student Affairs, Dean of Academic Planning and others as specified by the Statutes and Ordinances;
10. (10) "Department" means a Department of Studies and includes a Centre of Studies;
11. (11) "Employee" means any person appointed by the University and which includes teaching and non-teaching staff of the University;
12. (12) "Fee" means monetary collection made by the University or its colleges, institutions or study centres, as the case may be, from the students by whatever name it may be called;
13. (13) "Fund" means the funds of the University;
14. (14) "Government" or "State Government" means the Government of Sikkim;
15. (15) "Hostel" means a unit of residence for the students of the University or its institutions and study centres, established or recognized to be as such by the University;
16. (16) "Implementing Partner" means SIBIN Group, an experienced registered firm selected by the Government for the purpose, having its registered office at Gangtok, East Sikkim, and as defined in the Contract Agreement executed between the Government and SIBIN Group;
17. (17) "Institution" means an academic or research institution, which may or may not be maintained by, or admitted to the privileges of the university;
18. (18) "Member" means a member of the University;
19. (19) "Notification" means a notification published by the University or by the State Government and the expression "notify" shall be construed accordingly;
20. (20) "Official Gazette" means the Sikkim Government Gazette;
21. (21) "Ordinances", means the Ordinances of the University made under this Act;
22. (22) "Other Officers" means the persons as defined in Section 16 and as specified by the Statutes and Ordinances;
23. (23) "President" means the person who shall be the Chief Executive and Principal Academic Officer of the University, as defined in Section 10;
24. (24) "Prescribed" means prescribed by the Statutes or Ordinances or Rules or Regulations, as the case may be, made by or under this Act;
25. (25) "Public-Private Partnership" means such partnership which provides for the establishment of the University between the State Government and Implementing Partner through the Contract Agreement;
26. (26) "Regulatory Body" means a body established by the Government of India for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission (UGC), All India Council of Technical Education (AICTE), Council of Architecture, National Medical Commission (NMC), Dental Council of India (DCI), National Council for Teacher Education (NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), etc. National Assessment and Accreditation Council (NAAC), National Institute of Rankings Framework (NIRF), Indian Council of Agriculture Research (ICAR), Distance Education Bureau (DEB), Council of Scientific and Indian Research (CSIR), etc. or any other Regulatory body so formed by the Government of India for regulations of the guidelines for Higher Educational Institutes;
27. (27) "Rules" means rules created by the authorities of the University consistent with the provisions of this Act and in force under the Statutes;
28. (28) "School" means various schools of studies of the University;
29. (29) "Senate (Academic)" means the Academic Senate of the University, as defined in Section 19;
30. (30) "Senate (Administrative)" means the Administrative Senate of the University, as defined in Section 20;
31. (31) "Society" means the "Netaji Subash Chandra Bose University of Excellence Society" (NSBUoE-SIBIN Society hereinafter) incorporated pursuant to the Contract Agreement, as a Society by both, the Government and the Implementing Agency, under the Sikkim Regulation of Societies, Associations and other Voluntary Organizations Act, 2008 (Act No. 20 of 2008), having its registered office at Gangtok, East Sikkim to manage, operate and run the University;
32. (32) "Sponsoring Body" means the NSBUoE-SIBIN Society, registered under the Sikkim Regulations of Societies, Associations and Other Voluntary Organizations Act 2008, as specified in Section 8;
33. (33) "Statutes", "Ordinances" and "Regulations" means respectively, the Statutes, Ordinances and Regulations of the University made under this Act;
34. (34) "Teachers of the University" means Deans, Professors, Associate Professor, Assistant Professors, Lecturers, trainers etc. whether full-time or part-time or visiting faculty and other persons giving instructions in University, colleges or institutions or faculty or hostels and libraries as may be declared by the Statutes to be teachers thereof;
35. (35) "University" means the Netaji Subash Chandra Bose University of Excellence, incorporated as a University under this Act;
36. (36) "Vice President" means the person who shall assist the President to oversee the development, implementation and assessment of the academic programs and policies, as defined in Section 11.