Vidhi Codex

section 11

Powers and Functions of the Commission

The Sikkim Private Universities (Establishment and Regulation) Act, 2025
Education202574 sections11 chapters
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Chapter IV INDEPENDENT REGULATORY COMMISSION

Statutory text
  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.

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