The Sikkim university (Amendment) Act, 2017

(1) This Act may be called the sikkim university (Amendment) Act, 2017. (2) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University; (b) "affiliated institution" means a college or an institution affiliated to the under this Act; (c) "Chancellor" means the Chancellor of the University; (d) "Department" means a department of studies of the university; (e) "employee" means any person appointed by the University, and includes a teacher or any other full-time member of the staff of the university; (f) "Executive Council" means the Executive Council of the University; (g) "Finance Committee" means the Finance Committee of the university; (h) "non-teaching employee" means a non-teaching employee other than an officer or holding any teaching post (including any teaching post) appointed or recognized as such by the University; (i) "notification" means a notification published in the Official Gazette; (j) "officer" means an officer of the University; (k) "prescribed" means prescribed by the Regulations made under this Act; (l) "Registrar" means the Registrar of the university; (m) "Regulations and Ordinances" means the Regulations and Ordinances of the University made under this Act; (n) "Schedule" means the Schedule appended to this Act; (o) "School of Studies" means a School of Studies of the University; (p) "State Government" means the Government of Sikkim, in the Education Department; (q) "student" means a student of the University includes any person enrolled by the University for pursuing any course of study of the University; (r) "teacher" means a Professor, Associate Professor, Assistant Professor, Lecturer or such other person, holding a teaching post or a part-time teaching post appointed or recognized by the university or appointed by any affiliated institution; (s) "University" means the Sikkim University constituted under this Act; (t) "University Court" means the Court of the University; (u) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956; (v) "Vice-Chancellor" means the Vice-Chancellor of the University. In the Sikkim University Act, 2003 (hereinafter referred to as the principal Act), throughout the principal Act, for the words "The Sikkim University Act", wherever they occur, the words "Sikkim University Act" shall be substituted.

(1) There shall be established a University by the name Sikkim University. (2) The headquarters of the University shall be located at such place within Sikkim as the State Government may, by notification, specify. (3) The first Vice-Chancellor, the first Registrar, the first members of the Court, the Academic Council and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of "Sikkim University". (4) The university shall have perpetual succession and a common seal and shall sue and be sued by the name of the Sikkim University. In the principal Act, in section 3, in sub-subsection (2), for the words "such place within Sikkim as the State Government may, by notification, specify", the words "Sikkim University, Tadong" shall be substituted.

(1) to disseminate and advance knowledge by providing instructional and research facilities in any branches of learning; (2) to organise post-graduate programmes in various mountain-specific and emerging areas with a view to produce high quality personnel; (3) to organise under-graduate/ post-graduate courses of study in the affiliated institution and centers of the University; (4) to accord affiliation and provide academic support and guidance to colleges/ institutions within the jurisdiction of the University; (5) to create awareness in key areas like environmental issues, conservation of bioresources, use of information technology, biotechnology, floriculture, entrepreneurship, capacity building, history, language and cultural development, etc. (6) to educate and train manpower for the development of the State of Sikkim as well as the Himalayan regions; (7) to pay special attention towards improvement of the social and economic conditions and welfare of people of the State, their intellectual, academic and cultural development; (8) to evolve a curriculum to absorb the repeatedly expanding new knowledge. (i) in sub-section (1) after the words "management" and before the words "and in such other branches" the word "theology" shall be inserted. (ii) in sub-section (15), for the words "to create", the words "to recommend" shall be substituted. (iii) in sub-section (17), after the word "University", the words "with the concurrence of the State Government" shall be inserted. (iv) sub-section (28) shall be omitted.

(1) to provide instruction and teaching leading to Bachelor, Master and Doctoral degrees in basic and applied sciences, technology, humanities, social sciences, management and in such other branches of knowledge as the University may deem fit; (2) to establish Centre, Schools, Departments, Campuses or Institutes of advance study and research in different branches of knowledge; (3) to prescribe courses of study for Bachelor, Master, Doctoral degrees and diploma in different branches of learning; (4) to accord affiliation to colleges and institutions in different branches of learning; (5) to hold examinations and publish results of such examinations for different courses of study and research in the manner prescribed; (6) to confer degrees and other academic distinctions or recognitions on persons who have pursued successfully the courses of study of the University or conducted research creditably in the manner to be prescribed; (7) to provide for the inspection of, or investigation into, the affairs of colleges or institutions affiliated to it and to exercise general supervision over them including monitoring of academic performances; (8) to prescribe the procedure of admission to different courses of study in the University and also in the affiliated colleges and institutions; (9) to confer honorary degrees or other distinctions in such manner as may be prescribed by Regulations; (10) to institute professorships, associate professorship, lectureships and other teaching posts necessary for imparting instruction or for preparing educational material or conducting other academic activities, including providing guidance to the students, designing and delivering of courses and evaluation of the work done by the students and to appoint persons to such professorships, associate professorship, lectureships and other teaching posts, either on full-time or part-time basis or on contract; (11) to enter into partnership with any organization to establish to fulfill its objectives; (12) to institute and award fellowships, scholarships and prizes and such other awards for recognition of merit as the University may deem fit; (13) to provide for the printing and publication of research and other works and to organize exhibitions, lectures, seminars, symposia and conferences; (14) to establish and maintain hostels for students of the University and other institutions and also for the members of the general public; (15) to recognize examinations of periods of study (whether full or part) at other universities, institutions or other places of higher learning as equivalent to examination and periods of study in the University and to withdraw such recognition at any time; (16) to create administrative, ministerial and other necessary posts and to make appointments thereto either on full-time or part-time basis, or on contract; (17) to receive benefactions, donations, grants, subscriptions or gifts for the purpose of the University consistent with the objects for which the University is established; (18) to acquire, purchase, take on lease or dispose of any property movable or immovable for the purpose of the University; (19) to draw and accept, to make and endorse, to discount and negotiate Government of India's or other States, promissory notes, bills of exchange, cheques or other negotiable instruments; (20) to execute conveyances, transfers, re-conveyances, mortgages, leases, licences and agreements in respect of properties movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University; (21) to enter into agreement with the Government of India, the State Government or with any other States in India, the University Grants Commission or any other agency for Technology Education, or other authorities, industries or professional organizations and international organizations or agencies and foreign universities for receiving grants; (22) to enter into, carry out, vary, or cancel contracts; (23) to fix, demand, and receive such fees and other charges as may be defined by the Executive Council from time to time; (24) to regulate the expenditure and manage the accounts of the University; (25) to control and to enforce discipline among the students and all categories of employees and to prescribe by regulations the conditions of service and the code of conduct of such employees; (26) to recognize any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition; (27) to appoint, either on contract or otherwise, Visiting Professors, Emeritus Professors, Consultants, Scientists, Fellows, Scholars and such other persons as may contribute to the advancement of the objects of the university; (28) to collaborate and interact with the other universities and educational or research institutions, organizations and authorities within the country and abroad in such manner and for such purposes as the University may determine; (29) to offer education through the distance mode; (1) The jurisdiction of the University shall extend to the whole of the State of Sikkim. (2) All colleges and institutions in the State of Sikkim, which are affiliated to any other University immediately before the commencement of this Act shall be deemed to be affiliated to the University from such date as the State Government may notify in consultation with the concerned university and college. (3) The university shall have power to alter or withdraw the affiliation deemed to be granted under this section, if the affiliated institution does not comply with all the terms and conditions of such affiliation. (4) Colleges or institutions to be established in the State of Sikkim shall be affiliated to the university, subject to such terms and conditions as may be imposed by the University. In the principal Act, in section 6, in sub-section (2) for the word "Colleges", the words "Government Colleges" shall be substituted.

(1) All recognised teachings in connection with the degrees, diplomas and certificates of the University shall be conducted by the teachers of the University and any affiliated institution, as the case may be, under the general control of the University Court and immediate control of the Executive Council and the Academic Council. (2) The courses of study, the curriculum and the authorities responsible for organising such teaching, shall be as may be prescribed by the University.

The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any office therein or to be admitted as a student in this University, or to study or exercise any privilege therein.

There may be such Schools of Studies for the purpose of teaching and research as may be prescribed. (1) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government from a panel of not less than three persons recommended by a committee consisting of three members, of whom two shall be nominated by the Executive Council and one shall be nominated by the Chancellor. The nominee of the Chancellor shall be the convenor of the committee. (2) No person, who is an employee of the University or affiliated institutions or a member of any authority of the University, shall be nominated to be a member of the committee. (3) The Vice-Chancellor shall hold office for a term of five years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for reappointment for another term or till he attains the age of sixty-five years, whichever is earlier. (4) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (5) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide. (6) The Vice-Chancellor shall be entitled to all benefits including free well furnished residence, travel allowance as approved by the Chancellor from time to time. (7) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor. (8) (a) If the Vice-Chancellor is, by reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office, or otherwise, then during the period of such temporary inability or pending the appointment of a Vice-Chancellor as the case may be, one of the senior Professors of the University shall exercise the powers and perform the duties as acting Vice-Chancellor till the regular whole-time Vice-Chancellor is appointed. (9) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-clause (1) within a period of six months from the date of occurrence of the vacancy and the Chancellor may determine the terms of service of the acting Vice-Chancellor and any period for which a Vice-Chancellor is allowed to continue in office under sub-clause (4) or one of the senior Professors of the University exercises the powers and performs the duties of the Vice-Chancellor under sub-clause (8).

(1) The Governor of the State of Sikkim shall, by virtue of his office be the Chancellor of the University. (2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act or as may be prescribed. (3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, provide for the representation of interests not otherwise adequately represented. (4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor. (5) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipment and of any institutions maintained by the University and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the university. (6) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (7) The Chancellor may address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the University Court views along with such advice as the State Government may offer on the action to be taken thereon. (8) The University Court shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or as has been taken, on the result of such inspection and inquiry. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees. He shall remain in his office, be a member and the vice-chairman of the University court, the Executive Council and the Academic Council and shall also be the chairman of any other authority or body of the University of which he may be a member, except as otherwise provided in the regulations. He shall also be entitled to be present at and to address any meeting of any authority or body of the University of which he may not be a member and shall be entitled to vote thereat. (2) The Vice-Chancellor shall have the power to convene meetings of the Executive Council and any other authority or body of the University. (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the regulations are faithfully observed, and to take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all Teachers and other employees of the University and over all the affairs of the University. (5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be prescribed by any authority or body of the University or as may be prescribed. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is of urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Executive Council if the authority or body concerned is other than the University Court or the Executive Council or to the University Court if the authority is the Executive Council, or to the Chancellor, if the authority is the University Court. The decision of the Chancellor or of the University Court or the Executive Council, as the case may be, shall be final. (7) The Vice-Chancellor may, subject to the prior approval of the Executive Council, delegate any of his powers to any other officer subordinate to him.

Every Dean shall be a Professor of the University and shall be appointed in such manner and on such terms and conditions as may be prescribed.

The following shall be the officers of the University:- (1) the Vice-Chancellor; (2) the Registrar; (3) the Dean of School of Studies/Centres; (4) Director of Colleges; (5) the Finance Officer; (6) the Controller of Examinations; and (7) such other persons as may be declared by regulations to be the officers of the University. (1) The Registrar shall be appointed on the recommendation of the selection committee to be constituted for the purpose and shall be a whole time, salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment or till he attains the age of sixty years, whichever is earlier. (3) The emoluments and other terms and conditions of services of the Registrar shall, as may be prescribed. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Registrar shall assist the Vice-Chancellor in performing the administration of the University. He shall exercise such power and perform such functions as may be prescribed. (6) The Registrar shall act as the Secretary of the University Court, Executive Council and Academic Council. (1) The Registrar shall be appointed on the recommendation of the selection committee to be constituted for the purpose and shall be a whole time, salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment or till he attains the age of sixty years, whichever is earlier. (3) The emoluments and other terms and conditions of services of the Registrar shall, as may be prescribed. (4) When the office of the Registrar is vacant or when the Registrar is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Registrar shall assist the Vice-Chancellor in performing the administration of the University. He shall exercise such power and perform such functions as may be prescribed. (6) The Registrar shall act as the Secretary of the University Court, Executive Council and Academic Council. In the principal Act, in section 11 sub-section (4) shall be omitted.

The following shall be the authorities of the University:- (1) the University Court; (2) the Executive Council; (3) the Academic Council; (4) the Finance Committee; and (5) such other authorities as may be declared by regulations to be the authorities of the University. (1) The Finance Officer shall be appointed on the recommendation of the Selection Committee to be constituted for the purpose and shall be a whole time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment or till he attains the age of sixty years, whichever is earlier. (3) The emoluments and other terms and conditions of services of the Finance Officer shall be as may be prescribed. (4) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Finance Officer shall be ex-officio Secretary of the Finance Committee. (6) The Finance Officer shall exercise general supervision over the funds of the University and shall advice the Vice-Chancellor as regards to financial policy. He shall perform such other financial functions as may be prescribed.

(1) The University Court shall be the supreme authority of the University. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions:- a) to review, from time to time the policies and programmes of the University and to suggest measures for the improvement and development of the University; b) to consider and pass resolution on the annual budget and annual report of the University and the audit report on annual accounts. (1) The Director of Colleges shall be appointed on the recommendation of the Selection Committee to be constituted for the purpose and shall be a whole time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment or till he attains the age of sixty years, whichever is earlier. (3) The emoluments and other terms and conditions of services of the Director of Colleges shall be as may be prescribed. (4) When the office of the Director of Colleges is vacant or when the Director of Colleges is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Director of Colleges shall exercise general supervision over the functions related to affiliated colleges. He shall perform such other functions as may be prescribed.

(1) The Executive Council shall be the chief executive body of the University. (2) The administration, management and control of the University and the income thereof shall vest in the Executive Council which shall control and administer the property and the funds of the University subject to the general supervision of the University Court. The manner of appointment and the emoluments, powers and duties of the Controller of Examinations and other officers shall be such as may be prescribed.

The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the Regulations, coordinate and exercise general supervision over the academic policies of the University. (1) The University shall have a fund to be called the University Fund to which shall be credited: (a) the income, including the fees and endowments; (b) contributions or grants which may be made by the Central Government or the State Government or the Government of Sikkim, the University Grants Commission or the All India Council for Technical Education or any international organizations or agencies, on such conditions as it may impose; (c) any other contributions or grants or loans raised; (d) amount received from any other source.

There shall be a Finance Committee, which shall take necessary action for proper management and control of the finance of the University subject to the overall supervision of the Executive Council and the University Court. (1) The annual accounts of the University shall be prepared under the direction of the Executive Council. (2) The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Council.

(1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all other powers vested in it, the power to make regulations to provide for the administration and management of the affairs of the University, which shall be approved by the University Court: Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed regulation, and any opinion so expressed shall be considered by the Executive Council: Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any regulation affecting all or any of the following matters: (a) the constitution, powers and duties of the Academic Council; (b) the authorities responsible for organizing teaching in connection with the University courses of study and related academic programmes; (c) the withdrawal of degrees or diplomas, certificates or other academic distinctions; (d) the establishment and abolition of Schools of Studies and Departments as well as introduction or abolition of courses of study; (e) according affiliation to a college or an institution who applies for such affiliation or withdrawal of affiliation of a college or an institution; (f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (g) conditions and modes of appointment of examiners, or conduct or standard of examinations, or any other course of study; (h) mode of enrolment or admission of students; (i) determination of equivalence of any degree, diploma, or certificate of other universities or institutions for higher education deemed to be universities under section 3 of the University Grants Commission Act, 1956 or other institutes of national importance with the corresponding degree, diploma, or certificate of the University. (2) The Academic Council shall have the power to propose regulations on all or any of the matters specified in clauses (a) to (i) of sub-section 17 (1) or, and matters connected therewith or incidental thereto. (3) All regulations made by the Executive Council shall be submitted, as soon as may be to the Chancellor for approval and shall come into force on and from such date as the Chancellor may direct, provided that the Chancellor may withhold assent to the regulations or remit the same to the Executive Council for reconsideration in the light of the observations, if any, made by him. (1) The Executive Council shall prepare, before such date as may be prescribed, the financial estimates for the ensuing financial year and place the same before the University Court. (2) The Executive Council may, within such limits as may be prescribed, incur the expenditure in excess of the amount provided in the budget as per the procedure to be followed in writing, incur expenditure subject to such conditions and restrictions as may be prescribed where no provision has been made in the budget, except expenditure a report shall be made to the University Court at its next meeting.

(1) Notwithstanding that the University Court, the Executive Council, the Academic Council or any other authority or body of the University is not duly constituted or there is a defect in its constitution or reconstitution at any time or there is a vacancy in the membership of any such authority or body, no act or proceedings of such authority or body shall be deemed to be invalid merely by reason of such University Court or Executive Council or Academic Council or such other authority or body being not duly constituted or any defect in the constitution or reconstitution thereof or the existence of a vacancy or vacancies among its members. (2) No resolution of any authority or body of the University shall be deemed to be invalid merely by reason of any irregularity in the service of notice upon any member thereof, provided that the proceedings of such authority or body were not prejudicially affected by such irregularity. The Executive Council shall prepare the annual report containing such particulars as the University Court may specify, covering each financial year and submit it to the University Court on or before such date as may be prescribed, the University Court may pass resolutions thereon and the Executive Council shall take action in accordance therewith.

No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from the University or the authorities of the University or the Vice-Chancellor or other officers or the teachers or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations. Convocations of the University for conferring of degrees or for other purposes shall be held in such manner as may be prescribed.

Any student of a college or institution which was affiliated to any other university before the date appointed by notification under sub-section (2) of Section 6 shall be permitted to complete his or her course in preparation thereof and such university shall make arrangement for: (1) the instruction, teaching, training and holding of examination for such student in such manner and in accordance with the curricula of study in force in such university for such period as may be determined by such university in consultation with the University; (2) the conferment of the corresponding degree, diploma and other academic distinction of the University upon the qualified student on the results of such examination. No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from the University or the authorities of the University or the Vice-Chancellor or other officers or the teachers or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations. Every employee shall be appointed under a written contract of appointment containing the terms and conditions of his appointment and shall be provided with a letter of appointment.

The authorities of the University may make rules consistent with the provisions of this Act and the Regulations for the conduct of their own business and that of the committees, if any, appointed by them. Any student of a college or institution which was affiliated to any other university before the date appointed by notification under sub-section (2) of Section 6 shall be permitted to complete his or her course in preparation thereto and such university shall make arrangement for: (1) the instruction, teaching, training and holding of examination for such student in such manner and in accordance with the curricula of study in force in such university for such period as may be determined by such university in consultation with the University; (2) the conferment of the corresponding degree, diploma and other academic distinction of the University upon the qualified student on the results of such examination. (1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His discretion in that behalf shall be carried out by the officers and Heads of Departments, hostels and institutions. (2) Notwithstanding anything contained in sub-clause (1), the punishment of debarring a student from any examination subsequent to an earlier examination or rustication from the University or any institution recognised by the University or any institution affiliated to the University shall, on the report of the Vice-Chancellor, be considered and imposed by the Executive Council.

(1) The Governor of Sikkim shall, for the purposes of this section, be the Chancellor of the University, and shall exercise all the powers conferred on the Chancellor by or under this Act. (2) The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government. He shall hold office for a term of five years. (3) The first Registrar shall be appointed by the Chancellor in consultation with the State Government for a term of five years. (4) The first Court and the first Executive Council shall consist of not more than eleven members and seven members respectively who shall be nominated by the Chancellor and they shall hold office for a term of three years. (5) The first Academic Council shall be constituted on the expiry of period of three years from the commencement of this Act and during the said period of three years, the powers and the functions of the Academic Council shall be performed by the Executive Council constituted under section 14: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination as the case may be, by the Chancellor, and the person so appointed or nominated shall hold office for so long as the officer or members in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. The authorities of the University may make rules consistent with the provisions of this Act and the Regulations for the conduct of their own business and that of the committees, if any, appointed by them. (1) The University Court may, on the recommendation of the Executive Council and by a resolution of two-third of the total membership of the University Court and by a majority of not less than two-thirds of the members of the University Court present and voting at the meeting, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person, if such person has been convicted by a court of law for an offence which, in the opinion of the Court, involves moral turpitude or if he has been found guilty of gross misconduct. (2) No action shall be taken against any person unless he has been given an opportunity of being heard. (3) Any action taken by a decision of the University Court shall immediately be sent to the person concerned. (4) Any person aggrieved by a decision of the University Court under sub-clause (1) may appeal to the Chancellor within thirty days from the date of receipt of such resolution. (5) The decision of the Chancellor on such appeal shall be final. (i) in sub-section (2), after the words "term of five years" the words "or till he attains the age of 65 years, whichever is earlier" shall be inserted. (ii) in sub-section (7), (i) after the words "the University" and before the words "shall appoint" the words "with the approval of the State Government" shall be inserted. (ii) the words "first Director of Colleges" shall be omitted.

(1) The Governor of Sikkim shall, for the purposes of this section, be the Chancellor of the University, and shall exercise all the powers conferred on the Chancellor by or under this Act. (2) The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government. He shall hold office for a term of five years. (3) The first Registrar shall be appointed by the Chancellor in consultation with the State Government for a term of five years. (4) The first Court and the first Executive Council shall consist of not more than eleven members and seven members respectively who shall be nominated by the Chancellor and they shall hold office for a term of three years. (5) The first Academic Council shall be constituted on the expiry of period of three years from the commencement of this Act and during the said period of three years, the powers and the functions of the Academic Council shall be performed by the Executive Council constituted under section 14: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination as the case may be, by the Chancellor, and the person so appointed or nominated shall hold office for so long as the officer or members in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. (6) Notwithstanding anything contained in this Act or the regulations, the first Vice-Chancellor may, with the previous approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations until such authority comes into existence in accordance with the provisions of this Act or the regulations. (7) The University shall appoint the first Finance Officer, first Director of Colleges and such other officers and teachers as may be necessary for conducting examinations in such manner and on such emoluments and other conditions of service and shall exercise such powers and perform such functions, as may be prescribed. No student shall be eligible for admission to a course of study for a degree or diploma unless he possesses such qualifications as may be prescribed.

Notwithstanding anything contained in the foregoing provisions of this Act, anything done or any action taken or deemed to have been taken in accordance with the provisions in this Act, be deemed to have been validly done or taken or made under this Act. If not less than two-thirds of the members of the Academic Council recommends conferment of an honorary degree or academic distinction on any person on the ground that he is in their opinion, by reason of eminent attainment and position, fit and proper to receive such honorary degree or academic distinction, the Executive Council may, by a resolution, decide that such honorary degree or academic distinction, as the case may be may be conferred on such person, subject to confirmation by the Chancellor in consultation with the Vice-Chancellor.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The pension and provident fund of and any other terminal benefit to the officers, teachers and other employees of the University shall be such as may be decided by the University.

The authorities and the committees of the University and their composition, powers and functions and other matters relating to them, and the appointment and the powers and functions of the officers of the University and other matters relating to them, and all other matters relating to the finances, administration and management of affairs of the University shall, subject to the provisions of this Act, be as specified in the Schedule. (1) Subject to the provisions of this Act, the Executive Council shall have power to make Regulations and Ordinances to provide for the administration and management of the affairs of the University, which shall be approved by the University Court under section 17. (2) The University Court shall have power to amend the schedule under sub-section (1) of section 26.

(1) The University Court, on its own motion or on the suggestion of the Chancellor, may, with the prior approval of the Chancellor, amend the Schedule: Provided that after the amendment, the Schedule so amended shall be published by notification in the Official Gazette. (2) A copy of every notification made under sub-section (1) shall be laid before the State Legislature, as soon as may be, after it is made.

(1) If, by reason of any provision of this Act, any difficulty arises in giving effect to the provisions of section 22, the first Vice-Chancellor shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of that section, as appears to it to be necessary or expedient for removing the difficulty. (2) If, on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority of the University under this Act, or otherwise, in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order do anything which appears to it to be necessary for the purpose of removing the difficulty, notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no order shall be made under this section after the expiry of a period of one year from the date on which this Act comes into force.

Definition: In this Schedule, unless the context otherwise requires, clause means a clause of this Schedule. 1. The University Court: (1) The University Court shall consist of the following members: (a) the Chancelor - Chairman, (b) the Vice-Chancellor - Vice-Chairman; (c) the Secretary, Education Department, Government of Sikkim; (d) all Deans of Schools of Studies/Centres; (e) two Professors of the University elected by such Professors from amongst themselves; (f) two teachers of the University other than professors, elected by such teachers from amongst themselves; (g) two Principals of any affiliated institution elected by the Principals of the affiliated institutions from amongst themselves; (h) two teachers of any affiliated institution elected by the teachers of the affiliated institutions from amongst themselves; (i) two officers of the University elected by the officers from amongst themselves; (j) two non-teaching employees of the University elected by such employees from amongst themselves; (k) one nominee of the University Grants Commission; (l) one distinguished academician to be nominated by the Chancellor; (m) one person of eminence in Public life to be nominated by the Chancellor; (n) the Registrar. (2) The Registrar shall act as the Secretary of the University Court. (3) Subject to the provisions of this Act, the composition, term of office of the members and the powers and functions of the University Court shall be such as may be prescribed. (4) Where a member of the University Court becomes such member by reason of the office or appointment he holds (by election or otherwise) or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled. (5) A member of the University Court shall cease to be a member if he resigns, or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor, or any employee, accepts a full-time appointment under the University. (6) A member of the University court may resign his office by a letter addressed to the chancellor and such resignation shall take effect as soon as it is accepted by the chancellor in consultation with the Vice-Chancellor. (7) Any vacancy in the University Court shall be filled in the prescribed manner and the person appointed, elected or nominated to fill the vacancy shall hold office for so long as the member in whose place he is appointed, elected or nominated, as the case may be, could have hold office if the vacancy had not occurred. 2. The Executive Council: (1) The Executive Council shall consist of the following members; (a) the Vice-Chancellor - Chairman; (b) all Deans of Schools of Studies/Centres; (c) two Professors of the University elected by teachers from amongst themselves; (d) one nominee of the Chancellor; (e) the Registrar. (2) The Registrar shall act as the Secretary of the Executive Council. (3) Subject to the provisions of this Act, the composition, terms of office of the members and the powers and functions of the Executive Council shall be such as may be prescribed. (4) Where a member of the Executive Council becomes such member by reason of the office or appointment he holds by election or otherwise or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled. (5) A member of the Executive Council shall cease to be a member if he resigns, or becomes of unsound mind, or becomes insolvent, or is convicted of a criminal offence involving moral turpitude, or if a member, other than the Vice-Chancellor, or any employee, accepts a full time appointment under the University. (6) A member of the Executive Council may resign his office by a letter addressed to the chancellor and such resignation shall take effect as soon as it is accepted by the chancellor. (7) Any vacancy in the Executive Council shall be filled, either by appointment or election or nomination, as the case may be of a person by the respective authority entitled to make the same and the person so appointed, elected or nominated shall hold office for so long as the member in whose place he is appointed, elected or nominated could have held office if the vacancy had not occurred. (8) The Executive Council may, by resolution, delegate to the Vice-Chancellor or any authority (other than the University Court) or any committee, such of its powers as it may deem fit, subject to the condition that the action taken by the vice-chancellor or such authority or committee in the exercise of the powers so delegated shall be reported at the next meeting of the Executive Council. 3. The Academic Council: (1) The Academic Council shall consist of the following members:- (a) the Vice-Chancellor-Chairman; (b) all Deans of Schools of Studies/Centres; (c) the Heads of the Department of the University; (d) two persons, being experts in the subjects relating to Applied Science, Basic Science, Management, Humanities and Social Sciences nominated by the Chancellor; (e) two Principals of affiliated institutions, elected by such Principals from amongst themselves; (f) two Professors of the University, elected by such Professors from amongst themselves; (g) two teachers of the University, other than Professors, elected by such Teachers from amongst themselves; (h) two teachers of an affiliated institution elected by such teachers of affiliated institutions from amongst themselves; (i) the Registrar. (2) The Academic Council may co-opt any person for any meeting of the Academic Council. (3) The Registrar shall act as the Secretary of the Academic Council. (4) Subject to the provisions of this Act the composition, terms of office of the members, and the powers and functions of the Academic Council shall be such as may be prescribed. 4. The Finance Committee: (1) The Finance Committee shall consist of the following members: (a) the Vice-Chancellor - Chairman; (b) two persons of whom one shall be an expert in the management of finance nominated by the Executive Council; (c) a nominee of the Government of Sikkim. (2) The Finance Officer shall be the ex-officio Secretary of the Finance Committee. (3) The Chairman may ask any employee to attend any meeting of the Finance Committee to assist the Committee in its deliberation. (4) Subject to the provisions of this Act, the composition, term of office of the members and the powers and functions of the Finance Committee shall be such as may be prescribed. 5. Selection Committee: (1) The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of teachers of the university. (2) The Selection Committee shall consist of the following members: (a) the Vice-Chancellor - Chairman; (b) Dean of the Schools of Studies/Centre concerned; (c) the Head of the Department concerned, if any, provided he holds a post not lower than the level of the post for which the selection is to be made; (d) two experts, nominated by the Vice-Chancellor from amongst a panel of five names; (e) one expert to be nominated by the Chancellor. (3) Three members of the Selection Committee of whom one shall be an expert shall form the quorum for a meeting of the Committee. 6. Manner of election to the authorities or bodies of the University: The manner of election of a member to any authority or body of the University shall be such as may be prescribed, provided that no person whose period of office as an employee shall be entitled to stand for an election to that authority or body or to vote in such election. 7. The Vice-Chancellor: (1) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government from a panel of not less than three persons recommended by a committee consisting of three members, of whom two shall be nominated by the Executive Council and one shall be nominated by the Chancellor. The nominee of the Chancellor shall be the convenor of the committee. 1. In the principal Act, in the schedule, (1) For the item (g) of sub-clause (1) and the entries relating thereto, the words "Principals will be nominated on rotation basis." (2) After item (n), the following items shall be inserted, namely, - "(o) one Principal from Private College; (p) one Principal from Professional College". 2. In sub-clause (1) of clause 3, after item (e) the following item shall be inserted, namely: "(f) Director/Higher Education". 3. for existing clause 6 and the entries relating thereto, the following shall be substituted, namely: "(6) Appointment of Teaching and Non-Teaching Staff - Appointment of teaching and Non-Teaching staff shall be done by the State Government as per the existing rules." 4. For sub-clause (1) of clause 8 and the entries relating thereto, the following shall be substituted, namely:- "(i) The Vice-Chancellor should be person of the highest level of competence, integrity, morals and institutional commitment. The Vice-Chancellor to be appointed should be a distinguished academician, preferably with a minimum of ten years of experience as Professor in a University system or ten years of experience in a position equivalent to Professor in a reputed research and academic organization. (ii) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government through selection process as prescribed by University Grants Commission (UGC). (iii) The selection of Vice-Chancellor should be through proper identification of a panel of 3 - 5 names by a Search Committee through a public Notification or a talent search process or in combination. The members of above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weightage to academic excellence, research work, exposure and contribution to the higher education system in the country and aboard and adequate experience in academic and administrative governance to be given in writing along with the panel to be submitted to the Visitor/Chancellor. The following shall be the constitution of the Search Committee- a. A nominee of the Visitor/Chancellor, who should be the Chairperson of the Committee. b. A nominee of the Chairman, University Grants Commission. c. A nominee of the University Court". 5. In clause 12,- (1) in sub-clause (1), for the words "on the recommendation of the Selection Committee to be constituted for the purpose", the words "by the State Government" shall be substituted. (2) in sub-clause (2), for the words "for a term of five years and shall be eligible for re-appointment only if no suitable candidate is available or till he attains the age of sixty years, whichever is earlier" the words "for the time period as prescribed by the State Government" shall be substituted. (3) in sub-clause (3), for the words "as may be prescribed", the words "governed by the existing State Financial Rules" shall be substituted. 6. Clause 13 shall be omitted. 7. In clause 25 for the words "such as may be decided by the University" the words "shall be governed vide Not. No. 70/Pen/III/05 dated 22-07-2006 and guidelines issued vide Circular No. 166/PG/PF dated 22-07-2006" shall be substituted. 8. After clause 26 in the schedule, the following new clause shall be inserted, namely:- "27. Supervisory Power of State Government: Human Resource Development Department, Government of Sikkim shall designate an officer not below the rank of Director to coordinate, inspect and monitor the functioning of the University as and when required."

(1) The Finance Committee shall consist of the following members: (a) the Vice-Chancellor—Chairman; (b) two persons of whom one shall be an expert in the management of finance nominated by the Executive Council; (c) a nominee of the Government of Sikkim. (2) The Finance Officer shall be the ex-officio Secretary of the Finance Committee. (3) The Chairman may ask any employee to attend any meeting of the Finance Committee to assist the Committee in its deliberation. (4) Subject to the provisions of this Act, the composition term of office of the members and the powers of the Finance Committee shall be such as may be prescribed.

(1) The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of teachers of the University. (2) The Selection Committee shall consist of the following members: (a) the Vice-Chancellor—Chairman; (b) Dean of the Schools of Studies/Centre concerned; (c) the Head of the Department concerned, if any, provided he holds a post not lower than the level of the post for which the selection is to be made; (d) two experts, nominated by the Vice-Chancellor from amongst a panel of five names; (e) one expert to be nominated by the Chancellor. Three members of the Selection Committee of whom one shall be an expert shall form the quorum for a meeting of the Committee.

The manner of election of a member to any authority or body of the University shall be such as may be prescribed, provided that no person who is not a member of such authority or body shall be entitled to stand for an election to that authority or body or to vote in such election.

(1) The Director of Colleges shall be appointed on the recommendation of the Selection Committee to be constituted for the purpose and shall be a whole time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment or till he attains the age of sixty years, whichever is earlier.