The Trident University of Applied Sciences Sikkim Act, 2025
The Trident University of Applied Sciences Sikkim Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Trident University of Applied Sciences Sikkim Act, 2025.
- (2) It shall extend to the whole of Sikkim.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,
- (a) "Academic Council" means the Academic Council of the University as specified in section 24 of the Act;
- (b) "Annual Report" means the Annual report of the University as referred to in section 34 of the Act;
- (c) "Affiliation" together with its grammatical variations, includes in relation to an institution of skills education or training establishments, recognition of such institution and training established by the University and association of such institute and training established with the University;
- (d) "Board of Management" means the Board of Management of the University as constituted under section 23 of the Act;
- (e) "Campus" means the area of the University in which it is established;
- (f) "Chancellor" means the Chancellor of the University appointed under section 12 of the Act;
- (g) "Credit framework" means the framework, developed by the University, built on measure unit of education, skills and learning credits for a student to achieve the competency for performing a job role successfully or efficiently;
- (h) "The Chief Finance and Accounts Officer" means the Chief Finance and Accounts Officer" of the University Appointed under section 18 of the Act;
- (i) "Controller of Examinations" means the Controller of Examinations of the University appointed under section 19 of the Act;
- (j) "Constituent College" means a college or an institution maintained by the University;
- (k) "Development Fund" means the
3. Proviso regarding financial support
Provided that, the State Government or the Central Government may provide financial support, including through grants or otherwise,
- (a) for research, development and other activities for which other State Government organizations are provided financial assistance, or
- (b) for any specific research or programme-based activity.
4. Properties of the University and its Application
- (1) Subject to the laws prevalent in the State of Sikkim, on the establishment of the University, the land and other movable and immovable properties acquired through lease, created, arranged, or built by the University for the purpose of the University in the State of Sikkim shall vest in the University.
- (2) The land, building and other properties acquired for the University shall not be used for any purpose other than that for which the same is acquired.
- (3) The properties, movable or immovable, of the University shall be administered by the Governing Body in such manner as may be provided for by the regulations.
- (4) The properties in the name of the University under sub- section
- (1) shall be applied for meeting the debts and liabilities of the University in the event of winding up or dissolution of the University subject to the applicable laws of the State.
5. Restrictions and obligations of the University
- (1) The tuition fees for professional courses such as Information Technology, Medical, Pharmacy, Mass Communication, Science, Education, Management, Engineering, Commerce, Law, etc., in the University shall be determined by the University under the supervision of the regulatory body notified by the State Government from time to time.
- (2) Admission in the University shall be strictly on the basis of merit. Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination 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 the University or an association of the Universities conducting similar courses or by any agency of the State Government: Provided that the admission in professional educational colleges or institutions of the University shall be governed under the provisions of the Regulatory Bodies.
- (3) The University shall allow merit scholarship to at least 5
- (five) percent of the total strength, to the students belonging to poor and economically backward classes. The relevant criteria for determining the poor and economically backward classes shall be such as may be determined by the State Government from time to time.
- (4) The University shall compulsorily make provisions for reservation of seats for the students domiciled in the State of Sikkim to the extent of at least 25 (twenty-five) percent of the total students in the University. The reservation of seats shall be regulated by the prevalent laws and orders of the State Government from time to time.
- (5) The University shall make provisions for reservation of non-teaching posts in the University for the persons domiciled in the State of Sikkim to the extent of at least 50 (fifty) percent of the total number of non-teaching posts of the University. The reservation of seats shall be regulated by the laws and orders of the State Government from time to time.
- (6) The University shall appoint adequate number of teachers and officers in the University for maintaining the academic standards specified and shall ensure that the qualifications of such teachers or officers of the University shall not be lower than that prescribed by the relevant Regulatory Bodies.
- (7) The University shall compulsorily place in the public domain every information in relation to the University which would be of interest to the students and other stakeholders inter alia, including the courses offered, number of seats under different categories, fees and other charges, facilities and amenities offered, faculty in place and such other relevant information.
- (8) The Convocations of the University may, for conferring degrees, diplomas or any other purpose, be held in every academic year in the manner as may be prescribed by the Statutes.
- (9) The University shall obtain accreditation from the National Council of Assessment and Accreditation
- (NAAC) within 3 (three) years of its establishment and such other regulating bodies of Government of India which are connected with the courses taken up by the University and inform the State Government about the grade provided to the University. The University shall get renewed such accreditation from time to time.
- (10) Notwithstanding anything contained in this Act, the University shall be bound to comply the conditions mentioned in Schedule A of this Act, and all the rules, regulations, norms, of the regulating bodies of Government of India and State Government and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.
6. Objectives of the University
The following shall be the objectives of the University:-
- (1) To contribute to producing better education, more socially and environmentally aware and responsible citizens, for facing the global problems of the society and making their valuable contribution to the country;
- (2) To provide high quality, comprehensive educational, research and training opportunities that are compatible with the changing needs of the students. Through its academic programs, the University would prepare its students for the contemporary challenges and empower them to meet the rapidly changing world;
- (3) To develop high quality, professionally groomed technically sound manpower with a high degree of integrity, honesty and dedication and capable to meet challenge of fast-changing technology of globalization for the benefit of mankind and nature;
- (4) To impart knowledge and skills to the students especially those who are tribal and other disadvantaged groups including the persons with disabilities, in healthy and accessible environment in teaching and research;
- (5) To act as a facilitator for knowledge generation and dissemination;
- (6) To offer entrepreneurship; and skill development in manufacturing industries, institutions, etc. To follow the concept of "Make in India”;
- (7) To train the students in the latest management development occurring around the globe;
- (8) To promote research activities with state of the art laboratories and quality publication by faculty members;
- (9) To explore the scope for harnessing the potential medicinal plants and herbal plants for their marketing;
- (10) To award medals and scholarships / fellowship to outstanding students;
- (11) To make the proposed university as a centre of excellence by enhancing the quality of education and research;
- (12) To make the future generations technologically competent;
- (13) To conduct orientation/refresher/sensitization programmes for faculty, official and staff of the University;
- (14) To establish links, collaborations and partnerships with other higher educations & research institutions in India and abroad;
- (15) To use modern and post-modern processes, mechanisms and technologies for governance and management of learning, teaching, researching, evaluating, developing, organizing and creating socio-economic wealth for individuals and society for the 21st century;
- (16) To establish state of the art facilities for educatio & development;
- (17) To create a higher level of cognitive, affective and psycho-motor (head, hearts & hands) abilities;
- (18) To pursue any other objectives as may be suggested by the Government;
- (19) To emerge as one of the foremost University of quality in skill education and training recognized by industries nationally and internationally;
- (20) To develop the knowledge of technology, management and environment for the advancement of the quality of life of mankind in general and in relation to the domains of skill education and training;
- (21) To create infrastructure of global standard for education, training and research in the areas related to skill development;
- (22) To promote skill education in an integrated and holistic manner with higher education to ensure pathways for progression and mobility;
- (23) To exchange expertise and best practices in support of skill development efforts with any other national or international colleges, institutions, organization, Universities, etc;
- (24) To develop qualified candidates with skill proficiency and competency at different level as per National/State qualification framework of skill education;
- (25) To provide inter-relationship for national and global participation in the fields of science technology and management in relation to the domains of skill development and allied fields;
- (26) To establish close linkage with industry to make teaching, training and research at the University relevant to the needs of the society at national and global levels;
- (27) To provide consultancy to Government, Semi-government, public and private industries in the field of skill development;
- (28) To create entrepreneurs/employable youth by providing necessary skill and support;
- (29) To disseminate knowledge/skill through seminars, conferences, executive education and training;
- (30) To frame credit framework for competency-based skill and vocational education and training;
- (31) To develop industry led skill centers to ensure a continuous supply of quality trainers in each sector and to conduct special training programs to impart high quality training in specific sectors with special focus on emerging technologies;
- (32) To set up international alliance with skill centers to improve the quality and relevance of skill development and to get certified through education and training systems;
- (33) To develop Training of Trainer Centre (TOT), to engage master trainers in coaching new trainers/upgrade knowledge & skills of existing trainers that are less experienced with a particular topic or skill, or with overall training considering National Skills Qualifications Framework
- (NSQF) requirements;
- (34) To create & deploy new educational programs to promote creativity, innovation and entrepreneurship for inventing of new ways for development and social reconstruction and transformation;
- (35) To create an obstacle-free website of the University with all relevant information such as its vision, mission, aims and objectives, faculty and associates, courses offered, fees structures, admissions, results, financial resources, curriculum, FAQs and contact details to be updated from time to time;
- (36) To establish innovative approaches for the creation of seamlessness in academic structures, learning time-frames, and working & continuous evolution processes for nurturing and cultivation of creativity and entrepreneurship;
- (37) To provide learning, teaching, capacity, capability and skills development and research & development in higher and technical education, covering Liberal Arts, Humanities, Social Sciences, Life Sciences and Bio-technologies, Nano-technology, Management, Business & Commerce, Applied & Creative Arts, Vocational Education, Media, Information & Communication. Technology & Education per se and their inter-disciplinary studies & development;
- (38) To engage and collaborate with educational institutions, for establishing training institutions, training centres and center of excellences with the aim of providing workplace training and familiarization with industry best practices;
- (39) Collaborating with industries for facilitation of on the job trainings (OJTs), apprenticeships and job placements;
- (40) Develop as a hub of skilling activities including offering skills-based programmes, fostering apprenticeships, on the job training and placements, counseling, conducting training of trainers and training of assessors and development of National Skills Qualifications Framework
- (NSQF) aligned curriculum;
- (41) To ensure that the standard of the degree, diplomas, certificates and other academic distinctions conferred by the University are not lower than those laid down by the All India Council for Technical Education or the National Council for Teacher Education Act, 1993 or the University Grants Commission Act, 1956 or the Pharmacy Council of India constituted under the Pharmacy Act, 1948 or the Bar Council or India constituted under the Advocates Act, 1961 or any other statutory body as the case may be;
- (42) To open branches, chapters and constituent centres in different parts of the world and get them registered with appropriate authorities if needed and felt conducive for the attainment of the aims and objectives of the University;
- (43) To organize a country wise campaign for tackling the problems of peace by giving capsule courses and training programs; and
- (44) To help the governments in organizing formal and informal training programs in attitudinal and behavioral change for bringing productivity and efficiency in the existing systems.
7. University open to all irrespective of sex, religion, class, colour, creed, or opinion
No person shall be discriminated against or be excluded from any office of the University or from membership of any of its authorities or from admission to any course of study leading to a degree, diploma or other academic distinction on the grounds of sex, race, creed, class, caste, place of birth and religious belief or political or other opinion.
8. Powers and Functions of the University
The powers and functions of the University shall be:-
- (1) to administer and manage the University, establish, administer and manage its constituent colleges and centers for research, education, training, extension and outreach including continuing education, distance learning and e-learning at its campus within the State of Sikkim;
- (2) to collaborate in the work of existing and functional organizations that have stated goals and purposes similar to that of the University;
- (3) to provide for research, higher education, professional education, teaching training, extension and outreach including continuing education and e-learning in the fields of science, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other fields;
- (4) to conduct innovative experiments in educational technologies, teaching and learning methods, to collaborate with national and international institutions and to offer joint programmes with such institutes to constantly improve the delivery of education and to achieve international standards of education;
- (5) to serve as a forum of exchange of ideas and experience and collections and dissemination of information on institution building practices and technique;
- (6) to design the program structures, curricula, credit system teaching learning methodology, evaluation pedagogy and adopt all measures in respect of study, teaching and research relating to the courses offered by the University, to keep the programs outcome skill based and in line with industry requirement;
- (7) to hold examination and confer degree, diploma or grant certificate and other academic distinctions or title on persons subject to such condition as the University may determine and to withdraw or cancel any such degree, diploma or certificates and other academic distinction or titles in the manner prescribed by the regulations;
- (8) to design courses on subjects and topics generally not covered by other institutions but are of great importance viewing the changes in the society;
- (9) to confer honorary degrees or other distinction on the manner prescribed by the Statutes;
- (10) to establish schools, centers, institutes, college and conduct the programme and courses of study as are in the opinion of the University, necessary for the furtherance of its objects;
- (11) to declare as a constituent college any college, centre, institution imparting education as are in the opinion on the University necessary for the furtherance of its objects or to establish a new constituent college, centre, institution for the purpose;
- (12) to provide for printing, publication and reproduction of research, educational material and other works and to organize exhibitions, conferences, workshops and seminars;
- (13) to establish knowledge resource centre;
- (14) To sponsor and undertake research and educational programmes in the fields of science, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other allied areas;
- (15) to collaborate or associate with any educational institution with like or similar objects;
- (16) to establish campuses including virtual campus for the purpose of achieving the objectives of the University;
- (17) to undertake research and to obtain registration in respect of such research in the nature of patents, design rights and such or similar rights with the competent authorities;
- (18) to maintain linkages and collaborate with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of students, researchers, faculty and staff and generally in such manner as may be conducive to their common objects;
- (19) to render services of research, training, consultancy and such other services as required for the purposes of the University;
- (20) to develop and maintain relationships with faculty, researchers, administrators and domain experts in science, technology, humanities, social sciences, education, management, commerce, pharmacy, healthcare and allied area for achieving the objects of the University;
- (21) to make special arrangement in respect of women and other disadvantaged students as the University may consider desirable;
- (22) to regulate the expenditure and to manage the finances and to maintain the accounts of the University;
- (23) to receive funds, movable and immovable properties (on lease), equipment, software and other resources from business, industry, other sections of society, national and international organization or any other source by transfers or as gifts, donations, benefactions or bequests for the purposes and objects of the University with prior approval of the State Government;
- (24) to establish, maintain and manage halls, hostels for students and quarters for the residence of faculty and staff;
- (25) to construct, manage and maintain centres, complexes, auditorium, buildings, stadium for the advancement of sports, cultural, co- curricular and extra-curricular activities;
- (26) to supervise and control the residence and regulate the discipline of students, faculty and staff of the University and to make arrangements for promoting their health, general welfare, social and cultural activities;
- (27) to fix, demand and receive or recover fees and such other charges as maybe prescribed by the Statutes;
- (28) to purchase or to take on lease or accept as gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works, subject to the local laws of the State;
- (29) to exchange, lease or otherwise dispose of all or any portion of the properties of the University with prior approval of the Government, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University;
- (30) to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments;
- (31) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay all expenses out of the funds of the University.
- (32) define norms of examination or any other measure of assessment of knowledge and competency of a student including modalities of industry based assessment, industry based projects, internships, on the job training and any related activities of students admitted to the University of institutions of skills education affiliated to it;
- (33) to identify and recognize industries or training centers for the purpose of practical or hands on training of students in skill and to define norms for recognition of competency attained by students in practical training in industry or training centre for the purpose of earning credits;
- (34) to offer Unified Vocational Model offering short term training, Industrial Training Institute
- (ITI) certificate and diplomas, Polytechnic Diplomas, Advanced diploma, Bachelor of Vocational Education (B. Voc.), Bachelor of Skills (B. Skills) Degrees, Pre-University qualification equivalent to intermediate education;
- (35) to appoint, either on contract, or otherwise, Visiting Professors, Emeritus Professors, Consultants, Fellows, Scholars, Artists, Course Writers and such other person who may contribute to the advancement of the objects of the University;
- (36) to reach out and partner with Central Ministries, State Governments, National bodies, International bodies for accessing funding, grants, resources via applying to various schemes which can help further the objects of the University;
- (37) to provide for the preparation of instruction materials, learning resources, workplace training practices, knowledge repositories, e- learning platforms, digital learning experiences, including films, digital media, video, streaming content, multimedia content, visualization, simulations and other software;
- (38) to strive to acquire international prestige for the University;
- (39) the convocation of the University shall be held every academic year in the manner, as may be specified by the statutes for conferring degrees, diplomas, awards or for any purpose
9. Bar to affiliation
The University shall not admit any college or institution to the privilege of affiliation.
10. Officers of the University
- (1) The following shall be the officers of the University namely:
- (a) The Visitor;
- (b) The Chancellor;
- (c) The Vice-Chancellor;
- (d) The Pro-Vice-Chancellor;
- (e) Director/Principal;
- (f) The Registrar;
- (g) The Chief Finance and Accounts Officer;
- (h) The Controller of Examinations;
- (i) The Dean of Students Welfare;
- (j) The Dean of Faculty;
- (k) The Proctor; and
- (l) Such other officers as may be declared by the Statute to be the officers of the University.
11. The Visitor
- (1) The Governor of Sikkim shall be the Visitor of the University.
- (2) The Visitor shall, when present, preside at the convocation of the University for conferring Degrees, Diplomas, Charters, Designation and certificates.
- (3) The Visitor shall have the right to visit the University or any institution maintained by the University to ensure the standard of education, discipline, decorum and proper functioning of the University.
12. The Chancellor
- (1) The Chancellor shall be appointed by the Sponsoring Body for a
20. Other Officers
Manner of appointment and power and duties of the other officers of the University including the Dean of Students Welfare, Dean of Faculty, and Chief Proctor shall be such as may be prescribed.
21. Authorities of the University
The following shall be the authorities of the University namely:
- (a) The Governing Body;
- (b) The Board of Management;
- (c) The Academic Council;
- (d) The Finance Committee;
- (e) The Planning Board; and
- (f) Such other authorities as may be declared by the Statutes to be the authorities of the University.
22. The Governing Body
- (1) The Governing Body shall have the following members, namely:-
- (a) The Chancellor;
- (b) The Vice-Chancellor;
- (c) The Secretary to the Government, in the Education Department, Government of Sikkim or his nominee;
- (d) 5
- (Five) persons nominated by the sponsoring body, out of which 2
- (two) shall be eminent educationists;
- (e) One expert of management or technology from outside the University, nominated by the Chancellor; and
- (f) One expert of finance, nominated by the Chancellor.
- (2) The Governing Body shall be the supreme authority and principal governing body of the University. It shall have the following powers, namely:-
- (a) to provide general superintendence an directions and to control the functioning of the University by using all such powers as are provided by this Act, Statutes, Ordinance, Regulations or Rules.
- (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of Act, Statutes, Ordinances, Regulations or Rules;
- (c) to approve the budget and annual report of the University;
- (d) to lay down the extensive policies to be followed by the University;
- (e) to recommend to the sponsoring body for the dissolution of the University if a situation arises when there is no smooth functioning of the University inspite of best efforts; and
- (f) such other powers as may be specified by the Statutes.
- (3) The Governing Body shall meet at least 3 (three) times in a calendar year.
- (4) The quorum of the meeting shall be four: Provided that the Secretary to the Government, Department of Higher and Technical Education, Sikkim, or in his absence, Director, Higher Education shall be present in each meeting in which decisions on issues involving Government policies or instructions are to be taken.
23. The Board of Management
- (1) The Board of Management shall consist of the following members, namely:-
- (a) The Vice-Chancellor;
- (b) The Secretary to the Government in the Education Department, Sikkim or his nominee;
- (c) 2
- (two) members of the Governing Body, nominated by the sponsoring Body;
- (d) 3 (three) persons, who are not the members of the Governing Body, nominated by the sponsoring body;
- (e) 3 (three) persons, from amongst the teachers, nominated by the sponsoring body;
- (f) 2
- (two) teachers, nominated by the Vice Chancellor.
- (2) The Vice-Chancellor shall be the Chairperson of the Board of Management.
- (3) The powers and functions of the Board of Management shall be such as may be the Statutes.
- (4) The quorum for the meeting of the Board of Management shall be five: Provided that the Secretary to the Government, Education Department, Sikkim, or in his absence, Director, Higher Education shall be present in each meeting in which decisions on issues involving Government policies or instructions are to be taken.
24. The Academic Council
- (1) The Academic Council shall consist of the Vice-Chancellor and such members as may be specified by the Statutes.
- (2) The Vice-Chancellor shall be the Chairperson of the Academic Council.
- (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, Statutes, Ordinances, Regulations or Rules, coordinate and exercise general supervision over the academic policies of the University.
- (4) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
25. The Finance Committee
- (1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters.
- (2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed.
26. The Planning Board
- (1) The Planning Board shall be the principal planning body of the University and shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or the respective regulatory bodies.
- (2) The constitution of the planning board, term of office of its members and its power and functions shall be such as may be prescribed.
27. Other Authorities
The constitution, powers and functions of other authorities of the University, shall be such as may be prescribed.
28. Disqualification for membership of an authority or body
A person shall be disqualified from being a member of any of the authorities or bodies of the University, if he;
- (a) is of unsound mind and stands so declared by a competent court;
- (b) is an undischarged insolvent;
- (c) has been convicted of any offence involving moral turpitude;
- (d) has been punished for indulging or in promoting unfair practice in the conduct of any examination, in any form, anywhere; or
- (e) is unfit to hold the post, in such case the governing body shall form an opinion in writing that such member is unfit.
29. Vacancies not to invalidate the Constitution of, or the proceedings of any authority or body of University
No act or proceedings of any authority of the University shall be invalid merely by reason of existence of any vacancy or defect in the constitution of any authority or body of the University.
30. Constitution of committees
The authorities of the University may constitute such committee with such terms of reference as may be necessary for specific tasks to be performed as may be prescribed by the Statutes.
31. First statute
- (1) Subject to the provisions of this Act, and the rules made hereunder, the First Statutes may provide for all or any of the following matters, namely:
- (a) the constitution, powers and functions of the authorities and other bodies of the University as maybe constituted from time to time;
- (b) the terms and conditions of appointment of the Chancellor, the Vice- Chancellor and their 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 conferment of honorary degrees;
- (h) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students;
- (i) framing of policy for admission, including regulation of reservation of seats; and
- (j) fees to be charged from students.
- (2) The First Statutes of the University shall be made by the Governing Body and shall be submitted to the State Government for its approval.
- (3) The State Government shall consider the First Statutes submitted by the University and shall approve it within 60 (sixty) days from the date of its receipt, with or without modifications as it may deem necessary.
- (4) The University shall communicate its agreement to the First Statutes as approved by the State Government, and if it desires not to give effect to any or all the modifications made by the State Government, under sub-section (3), it may give reasons thereof and after considering such reason, the State Government may or may not accept the suggestions made by the University.
- (5) The State Government shall publish the First Statutes, as finally approved by it, in the Official Gazette, and thereafter it shall come into force from the date of such publication. Modifications as it may deem necessary.
32. Subsequent statutes
- (1) Subject to the provisions of this Act and the rules made hereunder, the subsequent Statutes of the University may provide for all or any of the following matters, namely :-
- (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 departments 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 provision of this Act is required to be prescribed by the Statutes.
- (2) The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.
- (3) The Statutes made under sub- section
- (2) shall be submitted to the State Government and it may approve or, if considers necessary, give suggestions for modification as far as possible within two months from the date of receipt of the Statutes.
- (4) The Governing Body shall consider the modifications suggested by the State Government and return the Statutes to it with its agreement to such changes or with its comments on the suggestions made by the State Government.
- (5) The State Government shall consider the comments of the Governing Body and may approve the Statutes with or without modifications and it shall be published by it in the Official Gazette, which shall come into force from the date of such publication.
33. First ordinance
- (1) Subject to the provisions of this Act, the rules and the Statutes made hereunder, the First Ordinances may provide for all or any of the following matter, 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 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;
- (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) such other matters which are required to be provided by the Ordinances by or under this Act.
- (2) The First Ordinances of University shall be made by the Chancellor which after being approved by the Board of Management, shall be submitted to the State Government for its approval.
- (3) The State Government shall consider the First Ordinance submitted by the Chancellor under sub-section
- (2) within sixty days from the date of its receipt and may approve it or give suggestionsfor modifications therein.
- (4) The Chancellor shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the First Ordinances along with such reasons, if any, to the State Government.
- (5) The State Government on receipt of the same, it shall consider the comments of the Chancellor and may approve the First Ordinances of the University with or without such modifications and thereafter shall publish the same in the Official Gazette, and shall come into force from the date of such publication.
34. Subsequent ordinances
- (1) All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Governing Body shall be submitted to the State Government for its approval.
- (2) The State Government shall consider the Ordinances submitted by the Academic Council under sub-section
- (1) as far as possible within two months from the date of its receipt and may approve it or give suggestions for modifications therein.
- (3) The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances along with reason, if any, to the State Government.
- (4) The State Government, on receipt of the same, shall consider the comments of the Academic Council and may approve the Ordinances with or without modifications and thereafter shall publish the same in the Official Gazette, which shall come into force from the date of such publication.
35. Regulations
The authorities of the University may, subject to the prior approval of the Governing Body make regulation, consistent with this Act, the Statutes and the Ordinances made hereunder, for the conduct of business of the each such authority and committee constituted by each such authority.
36. Powers of the State Government to give directions
- (1) The State Government may, for the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.
- (2) The State Government shall communicate its recommendations to the University on the basis of such assessment for corrective action. The University may adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.
- (3) The State Government may give such directions as it may deem fit if the University fails to comply with the recommendation made under sub-section
- (2) within a reasonable time.
37. The directions given by the State Government shall be immediately complied by the University.
Endowment fund
- (1) The sponsoring body shall establish an Endowment Fund for the University with an amount of Rs. 2,00,00,000/- (two crore), which shall be pledged to the Government of Sikkim.
- (2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per the provisions of this Act, the Statutes and the Ordinances. The State Government shall have the power to forfeit, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes the provisions of this Act, Statutes, the Ordinances, the regulations or the rules made thereunder.
- (3) The University may utilize the income from the Endowment Fund for the development of infrastructure of the University and not to meet the recurring expenditure of the University.
- (4) The amount of Endowment Fund may be invested in such instruments as the Government may prescribe and kept invested until the dissolution of the University.
- (5) In case of investment in long term security, the certificates of the securities shall be kept in the safe custody of the Government and in case of deposit in the interest bearing Personal Deposit account in the Government Treasury, deposit shall be made with the condition that the amount shall not be withdrawn without the permission of the Government.
38. General fund
- (1) The University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely:
- (a) fees and other charges received by the University;
- (b) any contribution made by the sponsoring body;
- (c) any income received from consultancy and other work undertaken by the University in pursuance of its objective;
- (d) trusts, bequests, donations, endowments and any other grants; and
- (e) all other sums received by the University.
- (2) The General Fund shall be utilized for the following objects, namely:
- (a) for the repayment of debts including interest charges there to incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations, and the Rules made thereunder with the prior approval of the Governing Body;
- (b) to upkeep the assets of the University;
- (c) for the payment of the fee for audit of the funds created under sections 37 and 38;
- (d) to meet with the expenses of any suit or proceedings by or against the University;
- (e) for the payment of salaries, allowances, provident fund contributions, gratuity and other benefits to officers, employees, and members of the teaching and research staff;
- (f) for the payment of travelling and other allowances of the members of the Governing Body, the Executive Council, the Academic Council, other authorities and the members of any committee appointed by any of the authority or the Chairperson of the sponsoring body or the Chancellor;
- (g) for the payment of fellowships, free-ships, scholarships, 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, in any student otherwise eligible for such awards under the Statutes, the Ordinances, the Regulations or the Rules;
- (h) for the payment of any expenses incurred by the University in carrying out the provisions of Act, Statutes, the Ordinances, the Regulations or the Rules;
- (i) for the payment of cost of capital, not exceeding the prime lending rate from time to time of the State Bank of India, incurred by the Sponsoring Body for setting up the University and the investments made therefore;
- (j) for the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of this Act, Statutes, the Ordinances, the regulations or the rules;
- (k) 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 Governing Body 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 year, as may be fixed by the Governing Body, without prior approval of the Governing Body.
39. Maintenance of Fund
The funds established under Section 37 and 38 shall, subject to general supervision and control of the Governing Body, be regulated and maintained in such manner as may be prescribed.
40. 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 State Government every year.
41. 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.
42. Winding up of University
- (1) If the sponsoring body proposes to dissolve itself according to the provisions of law, governing its constitution or incorporation; it shall record reasons thereof and give at least 5
- (five) years prior notice to the State Government.
- (2) Notwithstanding, anything contained in the provisions of this Act, where the Sponsoring Body intends to wind up the University, the winding up process thereunder shall be as follows:-
- (a) resolution to be passed by the Sponsoring Body that it intends to wind up and halt operations of the University; and
- (b) after the passage of the resolution as described in clause (a), a notice will thereafter be issued by the Sponsoring Body to the Government 5
- (five) years prior to cessation of operations; and
- (c) the Sponsoring Body shall halt intake of fresh admissions, upon passage of resolution under clause
- (a) and issuance of notice under clause (b); and
- (d) pursuant to the Sponsoring Body/University completing the syllabus of the last batch of students admitted in the University, the State Government shall thereafter make arrangements as may be necessary, for taking over the administration of the University for the purposes of completing the winding up process: Provided that, upon taking over of administration from the Sponsoring Body in the manner as provided for under clause (d), the State Government may appoint an administrator in place of the sponsoring body, who shall be entrusted with the powers, duties and functions of the sponsoring body, as prescribed under the Act.
- (3) Subject to the laws prevalent in the State of Sikkim, whereupon the winding up of the University, there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall vest upon the State Government: Provided that in the event of winding up of the University there remains any debts or liabilities exceeding the valuation of the movable and immovable properties of the University, the said outstanding debts and liabilities shall vest upon the Sponsoring Body.
43. Dissolution of University
The Sponsoring Body who intends to dissolve the University, shall give notice to the effect in the manner as prescribed under clause
- (a) to clause
- (d) of sub-section
- (2) of Section 43 of the Act: Provided that, in the event of dissolution of the University, there remains, any debts or liabilities exceeding the valuation of the movable and immovable properties of the University, the said outstanding debts and liabilities shall vest upon the Sponsoring Body: Provided further, that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degree, diplomas or, awards as the case may be.
44. Ground for dissolution of University
The University shall be dissolved on contravention of any provisions of the Act, Rules, Statutes, and Ordinances; financial mis-management, administrative failure and violation of directives of UGC/State Government or any other statutory bodies.
45. Special powers of State Government under certain circumstances
- (1) Where the State Government is of the opinion that the University has contravened any of the provisions of this Act, the rules, the statutes or the ordinances made thereunder or has violated any of the direction issued by it under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue the notice requiring the University to show cause within 45 (forty-five) days as to why an administrator should not appointed.
- (2) On receipt of reply of the University on the notice issued under sub-section (1), if the State Government is satisfied that there is a prima facie case of contravention of any of the provision of this Act, the rules, the statutes or the ordinances made thereunder or violation of directions issued by it under this Act or there is financial mis-management or mal-administration, it shall make an order of such inquiry as it may consider necessary.
- (3) The State Government may, by notification for the purposes of any such inquiry under sub- section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
- (4) The inquiry officer or officers appointed under sub-section
- (3) 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, namely :-
- (a) Summoning and enforcing the attendance of any person and examining him on oath;
- (b) Requiring the discovery and production of any such document or any other material as may be predicable in evidence court or office.
- (5) On receipt of the inquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened all or any of the provisions of this Act, the rules, the statutes or the ordinances made hereunder or has violated any of the directions issued by it under this Act or a situation of financial mis-management and mal- administration has arisen in the University which threatens the academic standard of the University, it may appoint an administrator.
- (6) The administrator appointed under sub-section
- (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded with degrees, diplomas or, as the case may be, awards.
- (7) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to that effect to the State Government.
- (8) On receipt of the report under sub-section (7), the State Government may, by notification dissolve the University and on dissolution of the University, all the assets and liabilities of the University shall vest in the sponsoring body.
46. Taking over of Management by State
- (1) In the event of the taking over of management by the State Government in any of the conditions prescribed under Sections 42, 43, 44 and 45 of the Act, the expenditure for administration of the University shall be met out of the endowment fund and the general fund.
- (2) If the funds referred to in sub-section
- (1) of the Act are not sufficient to meet the expenditure of the University during the taking over of its management, such expenditure may be met by disposing off the propertys or assets of the University, by the State Government.
47. Power of the State Government to make rules
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
48. Completion of courses of Students
Notwithstanding anything contained in this Act or the regulations, any student of the constituent colleges or institutions affiliated to any University who immediately before the commencement of this Act was studying or was eligible for any examination of that University shall be permitted to complete his course in preparation thereof, and the University shall provide for the instruction, teaching, training and examination of such students, in accordance with the courses of studies of the respective University in such manner and for such period as may be prescribed.
49. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, take steps not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficult: Provided that no notification or order under sub-section
- (1) shall be made after the expiration of a period of three years from the commencement of this Act.
- (2) Every order made under this section shall, as soon as maybe after it is made, be laid before the State Legislature.
PDF: pending for this language.
A SCHEDULE A
- (1) Acquire not less than 10 acres of land for its main Campus, within five years after starting the functioning of the University. An integrated campus may have certain facilities in common such as auditorium, cafeteria, hostels, etc. hence the land requirement may vary accordingly.
- (2) Construct administrative building of at least 1,000 square metres, academic building including library, lecture theatres, laboratories of at least 10,000 square metres, adequate residential accommodations for teachers, guest houses, hostels which shall gradually be increased to accommodate at least 25% of the total student strength in each course within 5 years of its coming into existence. In case the University is conducting professional programmes of study, prevailing norms and standards of respective statutory body shall be applicable. Existing institutes must undertake expansion/renovation/ restructuring to meet the prescribed norms of the State Government.