section Schedule
THE SCHEDULE
The Sikkim university (Amendment) Act, 2017Definition: 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membership shall terminate when he ceases to hold such office or appointment, as the case may be, or his nomination is withdrawn or cancelled.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."
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