Chapter IV INDEPENDENT REGULATORY COMMISSION

1. (1) The State Government shall, by notification in the Official Gazette, establish a commission to be known as the Sikkim Private Universities Regulatory Commission.
2. (2) The Commission shall be an independent regulatory authority responsible for monitoring, supervision, and overall quality control of all private universities in the State of Sikkim, in accordance with the provisions of this Act.
3. (3) The Commission shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, and to enter into contract, subject to the provisions of the Act.
4. (4) The Commission shall establish its headquarters at such place in Sikkim as may be notified by the State Government.

1. (1) The Commission shall consist of-
   • (a) one Chairperson, to be nominated by the State Government;
   • (b) one Vice-Chairperson, to be nominated by the State Government;
   • (c) not more than two members to be nominated by the State Government;
   • (d) one officer from the Education Department (Higher Education), not below the rank of Joint Secretary or equivalent, who shall act as the Member-Secretary for the meetings of the Commission.
2. (2) The person referred to in clause
   • (c) shall be in addition to the members appointed under clause (b).

1. (1) The State Government shall by notification appoint-
   • (a) the Chairperson of the Commission as may be deemed fit by the State Government;
   • (b) the Vice-Chairperson of the Commission as may be deemed fit by the State Government;
   • (c) not more than three members, as may be deemed fit by the State Government.
2. (2) The Chairperson, Vice-Chairperson and the members shall hold office for a term of five years from the date on which he assumes office, or until he attains the age of sixty-five years, whichever is earlier.
3. (3) The Chairperson, Vice-Chairperson and the members may be eligible for reappointment for one additional term.
4. (4) The Chairperson, Vice-Chairperson or the Members may resign from his office by writing under his hand addressed to the State Government, and his resignation shall take effect from the date on which it is accepted by the Government.
5. (5) The State Government may remove the Chairperson, Vice-Chairperson or any of the members on the grounds of proven mis-behavior or incapacity after such inquiry as may be prescribed: Provided that no member shall be removed unless his removal is recommended by the Chairperson: Provided further that, no orders for removal of a member shall be passed unless a notice stating the specific grounds on which such action is proposed, has been served and a reasonable opportunity to show cause against the proposed order has been given to the member.
6. (6) Any vacancy caused by death, resignation or removal of a member shall be filled by the State Government by fresh appointment and the person so appointed shall hold office for the remainder of the term of the member in whose place he is appointed.

The salary and allowances of the Chairperson, Vice-Chairperson and other Members of the Commission shall be such as may be determined by the State Government by a separate notification.

1. (1) The Commission shall have the powers and functions to oversee the performance and compliance of all private universities in Sikkim. In particular, the Commission shall, -
   • (a) investigate and inquire into the functioning of private universities, including any aspect of their operations, administration, and academics. The Commission may on its own motion, or upon receiving a complaint, conduct inspections and inquiries into any matter of a private university’s affairs;
   • (b) oversee and ensure that each private University maintains the required academic standards, administrative efficiency, financial propriety, and adequate infrastructural facilities as per law and applicable regulations. This includes monitoring the quality of teaching, research, examinations, and the overall educational environment;
   • (c) ensure that the rights and well-being of the students and employees of private universities are protected. The Commission may issue directions to universities to rectify any practices that are detrimental to the interests, safety, or welfare of the students or staff;
   • (d) ensure that private universities comply with the provisions of all applicable laws (including this Act and rules/ regulations made hereunder, as well as norms set by bodies like UGC or other regulatory authorities). The Commission shall have the authority to issue binding orders or directions to any private University to rectify deficiencies, comply with standards, or otherwise improve their governance and performance;
   • (e) in the event of non-compliance or persistent violations by a private University, the Commission may impose appropriate penalties as provided in this Act or rules or any other applicable laws for the time being in force. Such penalties may include fines, orders to refund fees to affected students, an order directing the University to stop admissions to certain courses or programs until deficiencies are rectified, or any corrective action within the Commission’s competence;
   • (f) where a private University commits serious or repeated violations, or fails to comply with the directives of the Commission, the Commission shall have the power to recommend to the State Government that the University’s license or authority to operate be suspended or revoked. Any such recommendation shall be accompanied by a detailed report of findings and shall be considered by the State Government in accordance with law.
2. (2) If the circumstances so warrants and if the University has blatantly violated the conditions of its establishment or any other applicable law, the State Government may initiate proceedings to dissolve the University, in the manner provided by law. Such action shall be taken only upon the recommendation of the Commission and after giving the concerned University a final opportunity to explain its position.
3. (3) All fines imposed by the Commission under this Act, if not paid within the time specified, can be recovered from the Endowment Fund and other means as may be available.
4. (4) The Commission, while imposing any penalty, shall record in writing the reason for the penalty and the proportionality of the penalty to the violation. The concerned University shall be informed through a written order detailing the violation, the penalty, and the corrective measures expected.
5. (5) For the purpose of carrying out its functions, the Commission shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters:
   • (a) summoning and enforcing the attendance of any person, including officers of a university, and examining them on oath;
   • (b) requiring the discovery and production of any documents or records from any private University or its management;
   • (c) receiving evidence on affidavits; and
   • (d) requisitioning any public record or copy thereof from any court or office.
6. (6) The Commission may call for periodic returns or reports from private universities regarding their academic performance, financial health, faculty qualifications, student admissions, fee structure, infrastructural developments, or any other aspect as it deems necessary.
7. (7) The Commission may advise the State Government on any policy matter concerning the improvement of higher education standards in private Universities, including suggesting new guidelines or amendments to existing laws governing private Universities.
8. (8) The Commission may constitute committees of experts or practitioners for advising on specific matters.
9. (9) To perform such other functions as may be prescribed by the State Government or as may be necessary for carrying out the purposes of this Act.

1. (1) The Commission shall submit quarterly reports of its activities, findings, and recommendations to the State Government. Each quarterly report shall include, inter alia: details of inspections conducted, inquiries made, summary of compliance status of each private University, actions taken against any University for non-compliance of any rules, regulations, directives, or the University’s own objectives, and any recommendations for further action or policy changes.
2. (2) In addition to quarterly reports, the Commission shall prepare an Annual Report every year, summarizing the performance of all private Universities in the State and the Commission’s own activities for that year. The State Government shall cause the Annual Report to be laid before the Sikkim Legislative Assembly.
3. (3) Key findings and significant actions taken by the Commission (such as penalties imposed, directives issued, or recommendations made) shall be made available to the public in an accessible manner. The Commission shall publish on its official website (or by other appropriate means) synopses of its reports and the outcomes of important inquiries, ensuring transparency in its functioning. However, while making public disclosures, the Commission shall protect any confidential information or personal data as per law and shall refrain from disclosing any matter which may compromise the privacy or safety of individuals or the integrity of ongoing inquiries.
4. (4) The Commission shall furnish to the State Government any information, returns, or statements on its work or on the state of private Universities as and when required by the Government from time to time. The State Government may also direct the Commission to study or inquire into any specific issue concerning private Universities and report back its findings.
5. (5) The Commission shall bring any important development in respect of any private University as it arises to the notice of the Government.

1. (1) The State Government shall provide such officers and staff from the Education Department as may be considered necessary by the Commission for the efficient functioning.
2. (2) The Commission shall have the power to engage consultants or experts for specific purposes, on terms and conditions approved by the State Government, if necessary.
3. (3) The State Government shall make available to the Commission adequate office space and infrastructure.

1. (1) The State Government shall provide the Commission with funds as part of the State budget, sufficient to enable the Commission to carry out its duties and functions effectively. Expenses of the Commission, including salaries and other benefits of the Chairperson, Vice-Chairperson, Members, if required, shall be met from such grants or funds.
2. (2) There shall be established a fund called the Sikkim Private Universities Regulatory Commission Fund to be operated and controlled by the Commission.
3. (3) All sums received by the Commission under this Act, including fees and charges referred to in sub-section (4), shall be credited to the Fund.
4. (4) The State Government shall prescribe, by rules, the annual fee payable by every private University and, where applicable, by each private University; the rate or amount of such fee shall be determined by the State Government on the recommendation of the Commission. All fees collected under this sub-section shall be credited to the Fund.
5. (5) The Fund shall be utilized exclusively for meeting the expenses of the Commission other than the expenses referred to in sub-section
6. (1) or as approved by the Commission. No part of the Fund shall be diverted for any purpose other than the functioning of the Commission.
7. (6) The Commission shall maintain proper accounts of receipts and expenditures of the Fund in such form and manner as may be prescribed by the State Government.