Chapter IV Chapter IV

First Statutes

1. (1) Subject to the provision of the Act, and the Rules made thereunder, the First Statutes may provide for 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 terms and conditions of appointment of the members of the said authorities and bodies, including the President, Vice President, his powers and functions;
   • (c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions;
   • (d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
   • (e) the terms and conditions of service of employees of the University;
   • (f) the procedure for arbitration in cases of disputes between employees or students and the University;
   • (g) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
   • (h) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions;
     • (i) the conferment of honorary degrees;
   • (j) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
   • (k) the management of Colleges, Schools and Institutions established by the University;
   • (l) the delegation of powers vested in the authorities or officers of the University;
   • (m) the maintenance of discipline among the employees and students;
   • (n) all other matters which by this Act are to be or may be provided for by the Statutes.
2. (2) The first Board of Governors shall be formed by the Sponsoring Body.
3. (3) The first Statutes of the University shall be proposed by the first Board of Governors.

Subsequent Statutes

1. (1) Subject to the provisions of this Act and the Rules made thereunder, the subsequent Statutes of the University may provide for all or any of the following matters:
   • (a) creation of new authorities of the University;
   • (b) accounting policy and financial procedure;
   • (c) representation of teachers in the authorities of the University;
   • (d) creation of new schools, departments, laboratories and abolition or restructuring of existing departments;
   • (e) institution of medals and prizes;
   • (f) procedure for creation and abolition of posts;
   • (g) revision of fees;
   • (h) alteration of the number of seats in different disciplines; and
     • (i) all other matters which by or under the provisions of this Act are required to be prescribed by the Statutes.
2. (2) The Statutes of the University other than the First Statutes shall be made by the Senate (Administration) and shall be approved by the Board of Governors, and submitted to the Sponsoring Body.

1. (1) Subject to the provisions of this Act, the Rules and the Statutes made thereunder, the First Ordinances may provide for all or any of the following matters, namely:-
   • (a) the admission of students to the University and their enrolment as such;
   • (b) the courses of study to be laid down for degrees, diplomas and certificates of the University;
   • (c) the award of degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same;
   • (d) the conditions for the award of fellowships, scholarships, stipends, medals and prizes;
   • (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
   • (f) fees to be charged for the various courses, examinations, degrees or diplomas of the University;
   • (g) the conditions of residence of the students of the University, and special arrangements if any, for the residence of female students;
   • (h) provision regarding disciplinary action against the students;
     • (i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
   • (j) the manner of co-operation and collaboration with other Universities and institutions of higher education;
   • (k) medium of instructions and examinations;
   • (l) such other matters which are required to be provided by the Ordinances by or under this Act.
2. (2) The First Ordinances of University shall be made by the President which after being approved by the Board of Governors shall be submitted to the Sponsoring Body.

All Ordinances other than the First Ordinances shall be made by the Senate (Academic), which after being approved by the Board of Governors, shall be submitted to the Sponsoring Body and the State Government.

1. (1) The authorities of the University may, subject to the prior approval of the Board of Governors make Rules and Regulations consistent with this Act, the Statutes and the Ordinances made thereunder, for the conduct of the business of each such authority and committees constituted by each such authority.
2. (2) Subject to the prevailing Rules and Regulations, the University may affiliate or collaborate with colleges within the state of Sikkim.
3. (3) The University shall offer degrees, diplomas and certificates in under-graduate, post-graduate, doctoral and post-doctoral programmes of study, and any other types of programmes and courses, recognised by respective regulatory bodies, which shall be subject to provisions incorporated in Statutes and Ordinances.

Every University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely:-

1. (1) fees and other charges received by the University;
2. (2) any contributions made in the form of grants, philanthropy and donations to the Sponsoring Body;
3. (3) any income received from consultancy and other work undertaken by the University in pursuance of its objectives;
4. (4) all other sums received by the University.

The General Fund shall be utilized for the following objects, namely:-

1. (1) for the repayment of debts including interest charges thereto incurred by the University for the purpose of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder with the prior approval of the Board of Governors;
2. (2) to upkeep the assets of the University;
3. (3) for the payment of the fee for audit of the funds;
4. (4) to meet with expenses of any suit or proceedings by or against the University;
5. (5) for the payment of salaries, allowances, Provident Fund contributions, gratuity and other benefits to officers, employees and members of the teaching, non-teaching and research staff;
6. (6) for the payment of travelling and other allowances of the members of the Board of Governors, Senate (Academic), Senate (Administrative), other authorities or bodies so established by the University, and the members of any committee appointed by any of the authority or the Chairperson of the Sponsoring Body or the President or the Vice President;
7. (7) for the payment of fellowships, freeships, scholarship, assistantships and other awards to the students belonging to economically weaker sections of the society or research associates, trainees or, as the case may be, to any student otherwise eligible for such awards under the Statutes, the Ordinances, the Regulations or the Rules;
8. (8) for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the Statutes, the Ordinances, the Regulations or the Rules;
9. (9) for the payment of the cost of capital, not exceeding the prime lending rate from time to time of any bank or financial institute, corporate body, trusts, societies, or individuals incurred by the Sponsoring Body for setting up the University and the investments made therefor;
10. (10) for the payment of any other expenses including relevant fee payable to the Implementing Partner as laid down in the Contract Agreement;
11. (11) for the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act and the Rules, the Statutes or the Ordinances made thereunder;
12. (12) for the payment of any other expenses including service fee payable to any organization charged with the responsibility of providing any specific service, including the managerial services to the University, on behalf of the Sponsoring Body, as approved by the Senate (Administrative) to be an expense for the purposes of the University: Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the years, as may be fixed by the Senate (Administrative), without prior approval of the Senate (Administrative).

The funds established under Section 30 of this Act shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed by the Statutes and Ordinances.

The Annual Report of the University shall be prepared by the University which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and shall be approved by the Board of Governors, and submitted to the Sponsoring Body.

1. (1) The annual accounts including the balance sheet of the University shall be prepared under the direction of the Senate (Administration) and the annual accounts shall be audited at least once every year by the auditors appointed by the University for this purpose.
2. (2) A copy of the annual accounts together with the audit report shall be approved by the Board of Governors and submitted to the Sponsoring Body.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the consulta after obtaining the approval of the Board of Governors shall submit a proposal to the Government.
2. (2) The Government may as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
3. (3) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature for its approval.

The University shall furnish to the sponsoring Body such returns or other information concerning its property or activities as the Sponsoring Body may, from time to time, require.

All casual vacancies among the members (other than an ex-officio member) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

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 any other instrument having effect by virtue of any law other than this Act.

No suit or other legal proceeding shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.

1. (1) On the recommendation of the Board of Governors to the Sponsoring Body, the latter may propose dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least 12 (twelve) months' notice in writing to all the stakeholders, including the State Government.
2. (2) During this interim period, it shall ensure that no new admissions to the University are accepted and the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. All financial obligations whatsoever may be, for dissolution of the University, shall lie with the University.