The Sikkim Private Universities (Establishment and Regulation) Act, 2025
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
46. Admissions
- (1) Admission in the University shall be made strictly on the basis of merit.
- (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination for admission and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State: Provided that admission in professional and technical courses shall be made only through entrance test.
- (3) Seats for admission in the University, for the students belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and PWD (person with disability) students, shall be reserved as per the policy of the State Government.
- (4) Seats for admission to each course shall be reserved as per the State Government Notification as issued from time to time for students who are bonafide residents of the State having Sikkim Subject Certificate or Certificate of Identification.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
47. Fee Fixation Committee
- (1) The University may constitute a Fees Fixation Committee for deciding fees structure for various courses and programmes offered therein. The constitution of, and the procedure to be followed by, the Fees Fixation Committee shall be such as may be prescribed by the Statutes.
- (2) The Committee shall prepare and finalize fees structure after taking into consideration, whether the proposed fees, -
- (a) is sufficient for, -
- (i) generating resources for meeting the recurring expenditure of the University; and
- (ii) the savings required for further development of the University; and
- (b) is not unreasonable; and
- (c) does not amount to profiteering.
- (a) is sufficient for, -
- (3) The Government shall have power to review the fees structure of the University and after such review, it may issue directions to the University to amend fees structure, appropriately and the University shall implement those directions.
- (4) The State Government shall not reimburse any fees or shall not take any financial liability for students belonging to the backward classes admitted into the University.
- (5) The University shall not charge any fees, by whatever name called, other than that for which it is entitled under this section.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
48. Prohibition of Capitation Fee
- (1) No Private University, or any person acting on its behalf, shall demand, accept or cause to be accepted any capitation fee, donation, contribution or consideration, by whatever name called, as a condition for admission, continuation of studies, or conferment of any degree, diploma or certificate.
- (2) Every Private University shall strictly adhere to the fee structure approved by the State Government or such Regulatory Authority as may be notified, and shall ensure full transparency in its admission process.
- (3) Any violation of this section shall constitute a serious offence and shall render the University, its Sponsoring Body, management or any person responsible liable to, -
- (a) penalty upto 10,00,000 (Rupees ten-lakh);
- (b) refund of the entire amount collected with such interest as may be prescribed;
- (c) suspension or withdrawal of programme approvals, or appointment of an Administrator; and
- (d) any other action as the State Government may deem appropriate including initiation of proceedings for omission of name of the University from Schedule.
- (4) For the purposes of this section, capitation fee means any amount collected in excess of the fee approved by the State Government, including any donation or payment demanded as a precondition for admission or academic benefit.
- (5) The State Government may frame rules for carrying out the provisions of this section, and all Private Universities shall be bound to comply with such rules.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
49. Student Protection Fund and Refund Safeguards
- (1) Every University shall maintain a Student Protection Fund or escrow account, equivalent to not less than ten
- (10) percent of its preceding year’s tuition revenue, to safeguard the interests of students in cases of winding up, dissolution, de-recognition, programmee withdrawal or suspension, or any disruption of academic continuity.
- (2) The Fund shall be used only for -
- (a) refund of fees;
- (b) relocation or transfer arrangements for affected students;
- (c) such other student-centric measures as may be prescribed by the State Government from time to time.
- (3) All fee refunds shall be completed within the prescribed period.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
50. Schedule of Examinations
At the beginning of each academic session and in any case not later than 30th June of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, schedule of examinations for each and every course conducted by it and shall strictly adhere to such schedule: Provided that, if for any reason whatsoever, University is unable to follow this schedule, it shall, as soon as practicable, submit a report to the Government giving the detailed reasons for making a departure from the published schedule of examinations. The Government may, thereon, issue such directions, as it may deem fit, for better compliance in future: Provided further that, if for any reason whatsoever, University is unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government giving the detailed reasons for making a departure from the published schedule of examinations.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
51. The Government may, thereon, issue such directions, as it may deem fit, for better compliance in future.
Declaration of Results
- (1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date: Provided that, if for any reason whatsoever, the University is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the Government. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.
- (2) No examination or results of an examination shall be held invalid only for the reasons that the University has not followed the schedule of examinations as stipulated in section 50 of this Act or that the University has failed to declare the results within the period specified in sub-section (1).
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
52. Convocation
The convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purposes.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
53. Annual Report
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 fulfillment of its objects and shall be submitted to the Regulatory Commission every year.
Chapter IX ADMISSIONS, EXAMINATIONS AND CONVOCATION OF THE UNIVERSITY
54. Audit and Annual Accounts
- (1) The annual accounts including balance sheet of the University shall be prepared by the University and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose.
- (2) A copy of the annual accounts together with the audit report shall be submitted to the State Government every financial year.
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