GOVERNMENT
SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHOFITY
GAZETTE
Wednesd
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No: 11AD/P/20O8 Datq 29.07.2008 NOl'TFICATTON
ThetollowingAct passed bythe sikkim Legislatlve Assemblyand having received the assent of the Govornoron 28d day ofJune,2008 is hereby published for genoral informationi
THE VINAYAKA MISSIONS SIKKIM UNIVEBSITY ACT,2OO8
(Act No, 11 oI 2OO8)
Atl
ACI
to establish and incorporate a university in the qtate of sikkim and to provide instruction and training in Medicine, Dentistry, Homoeopathy, Naturopathy, Nursing, Paramedical, Engineering, Management, Artsand Science. Education, Law, Agriculture, Physical Education, Veterinary Science, Fashion Tochnology, Vooational and allied courses sponsored by Thirumuruga Klrupananda Variyar Thavathiru Sundara Swamigal Medical Educadonaland charitablo Trustand to provide for matters conneoted thererrrith or incidentalthereto. Seit enactod by the Logislature of Sikkim ln the Fitty-ninth Year of the Republic ot lndia as follo!4sr
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CHAPTER
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Prolimlnery Short titl6 and 1. (1) This Act may be called the Vinayaka l\4lssions Sikkim University Act' com encem6nt' 2oG
(2) lt shall come into force on such date as the State GovernLent may by Notification in the Otficial Gazette' appoint'
Oefnitions. 2. (l) lnthis Act, unlesslhe context otheNise requires:. (D 'Academic Council'means the Acadomic Councilofthe University;
(ii) "AICTE'means the All lndia Councilfor Technical Educaiion i established undorsection 3 ollho All lndia Councilfor Technical Education Act' 1987;
' (iii ) 'Afflliated College' means a colloge or an institution whichis affiliated to the University ;
(iv)'Annual Reporf moansthe Annual report olth€ Universityas .eferred to in section 45 of this Act :
(v) 'Board o' Governors'means lh6 Board of Governors of the University constltuted under section 21 ot this Act;
(vi) 'Board of Management" meansth€ Bo3Id of Management ofthe University as constituled under section 22 of this Act ;
(vii) 'Chancellol. means the Chancellor of the University appointgd undEr section 13 ol this Act ;
(viii) "Constitueni College" msans a collego or an institution maintalned by lhe University :
(ix)'developmontfund" meansthe developmentiund of the Univorsity ostablished under section 43 of thls Act ;
(x) "Distance Education System" means the syslem of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, onlineover intemgt, other inloractive methods, e_mail' internet, computer, interactive talk back, g'teaming, correspondence course, seminar, contact program or a combination of anytwo or mor6 ol such means;
(xi) "endowmentfund" m€ans the endowment fund ot the Universlty esrablished under section 41 of thls Act;
(xli) "employeo" means employee appolnted by tho University; and includes teachgrs and other statf of the Unlversity or o, a constituent college;
(xiii) faculql meang the facutty ol the University;
(xiv) ' Finance Ofiice/ m€ans the Finance Otfice' of the Unlversity appointod under section 18 of this Act;
(xv) 'generallund' means generalfund of the Univorslty established under soction 42 of thls Act ;
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(xvi) "Plescljb€d" means Prescribed by the statutos and the rules made undor lhis Act ;
(xvii) "Principal' in relation to a constituent college, means the Head ol the constituent college and includes, where there is no Principal' th6 Vico-Principal or any other person for the time being appointed to act as Prlncipal;
(xviii) 'Pro-Chancollo|. means the Pro-Chancellor of the Univer6ity appointed undor section 14 ot this Act :
(xix) 'Regional Cento/ means a center established or maintained by ihe University for the purpose of co_ordinating and supervising the work ol Study Centres in any region and for performing such other functions as may bo conferrod on such conter bythe Board of I\ranagement;
(xx) "Registrad means the Registrar of the University appointed under section 17 0f lhis Act ;
(xxi) 'rules' means the rutes ol the University made under this Aot ;
(xxii) lsponsof means lhe Thirumuruga Klrupananda VariyarThavathiru Sundara Swamigal Medical Educational and Charitable Trust' Satem, Tamilnadu which is registerod as aTrust in TamilNadu vide Registration No.493 o11981 ol Book4volume 130 pages 55 to 62 dated 14h D€cember 1981 ;
(xxiii) "State'moans the State of Sikkim; (xxiv)'State Governmenf means the State Government otSlkkim
(xxv) "statutes" moans tho Statutes ol the University;
(xxvi) leache/ means a Professor, Associate Professor, Assistanl Professor/Lecturer or such otherpercon as may be appoinledtor imparting instruction or conducling aesearch In the Univorsity or in a constituent colloge or institution and includes the Principalof a constituont college or institution, in conformity with the norms prqsc.ibed bythe universityGranis Commission ;
(xxvii)'UGC" meansthe UniversityGrants Commission established undor th6 University Grants Commission Act, 1956;
(xxviii)"University" means the Vinayaka ['lissions Sikkim University established under this Act ;
(xxix) 'Vice- Chancelloa means the Vice-Chancellor of tho University appointed under section 1 5 of the Act;
(DoO "visitof means the Visitor ol the univorsity reterred to in section 12 0f the Act.
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Proposalfortho establishmont ofthe University.
Establishmentof UniverBity.
3. 0)
@
(3)
CHAPTER 2
Th€ universiv and its Oblects The Spo.sor shall have the righi to eslablish the University in accordance with the provisions of this Act.
An application containingthe proposalto establish a University shall be mado to the State Government by the Sponsor.
The proposal may contain tho{ollowing particulars,namoly i
(a) the oblecls of the Univercity along with the details of the Sponsor ;
(b) tho extent and status of the University and the availability of ,and ;
(c) the nature and type of programs of study and resoarch to be undortaken in the Universily during a period of tho nexl five years :
(d) the naturo ol faculties, courses of study and research proposed to be started :
(e) the campus development such as buildings, €quipmenl and slructural arnenities;
(0 the phased oullays of capital oxpenditure for a period of lho next tive yearc ;
(g) the itom-wise recurrjng expenditure, sources of iinance and estimated expenditure for each student;
(h) the scheme tor mobilizing resourcss and tho cost of capilal thereto and the mannerol repayments to each source:
(i) th€ gchemo ol generation of funds internally through the recovery offee rrom students, revenues anticipated kom consultancyand other activitles relating to the obiects ot the University and other anticipated incomes ;
(j) the details of expenditure on unit cosl, the oxtent of concessions orrgbatos ln fee, freeshlp and scholarship for studonts belonging to economically weaker sections and lhe lee structuae indicating varying rale of fee, it any, thatwould be levied on non_resldent Indians, Persons of lndian Origin and students oi other nationalitios ;
(k) theyears of experience and expertise ln the concernod discipline the command ol the Sponsoras wellas the financial reEources:
(l) the system lor seloction of students to the courses of study at th6 Unive.sityi and
(m) status oflulfillment of such other conditions as may be required bythe Stat6 Govornment to be lulfilled before the establishment o, the University.
Where lhe State Government, atter such inquiry as it may deem necessary, is satislied that the SPonsor has fulfilled tho conditions specified in sub-ssction (2) of Section 3, it may direct the Sponsor, to esiablish an endowmentf und.
4.(1)
4
(4 Al1er the ostablishment of the endowmenl fund, the State Governmont may, by notilication in the Otficial Gazette, accord sanclion lor oslablishmont of lhe University.
(3) The headquarteis of Univecity shall be in Sikkim and itmay havo campuses or Regional Centros, Study Cenkesanfvhere in lndia and abroadwith approvalof the Board ofGgvernors.
(4) The Chancellor, Pro-Chancel,ors, the Vice'Chancollor, members ol the Board ol Governors, members ofthe Board of Management and the Academic Council for the time being holding ofiice as such in the Unive.sity so eslablished, shall constitute a body corporate and can suo and be suod in the name o{ the University.
(5) On the eslablishment ol the Unlversity under sub-section (2), lhe land and oth6rmovable and immovablg paoperties acquired, created, arranged or built by the University tor the purpose o{ the University in the State of Sikkim shallvost in the Univorsity.
(6) The land, building and other properties acquired torthe Univo.sity shallnot be used for any purpose, otherlhan that forwhich the safie is acquired. unlversity not to be 5. The tjniversity shall be self-financing and shall neither make a demand nor entitl€d to financial shaltbo entitled to any grant in'aid or any other tinancial assistance lrom the assistanco state Governmentorany other body or corporation owned orcontrolled bytho Stato Government.
Constituentcolleges 6 (1) Tho Universily may have constituont colleges, Begional Cento6and and Af{iliated College3 study Centres.
(2) Tho University may with the prior apProval of the Board of Goverhors, atliliato any colloge orother institution.
Obiects olthe 7. The objoctives forwhich lhe Univorsity is establishod areaslollows :. UnivoBlty. (a) to provido insiruction, teaching, t.aining and research in i.4odical, Dontal'
. Homoeopathy,Naturopathy'Nursing,Paramodical,Engineering, lvlanagem€nt, Arts and Science, Educalion, Law, Agricu'ture, Physical Education, Veterinary Science, Fashion Technology, Vocational and allied courses and related subjects and make provisions forrosearch, advancement and disseminaiion ol knowledge therein ;
(b) to establish a campusin the State ol Sikkim, and to have sludy cenlers, campuses and examination centors atditferenl places in lndiaand abroad;
(c) to offer continuing and distance educaiion programs ;
(d) to institlte degrees, diplomas, charters, certificaies and other acadomic distinctions on the basisot examination, or any other method of gvaluation ;
(e) to collaborate with other colleges ol universities, res€arch institutjons, industry associations, proressional associations in lndia or abroad, to
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concoplualize, dosign and develop specific educalionaland research programs, training programs and exchange programs for students, faculty members and others;
(0 to disseminate knowledge through seminars, conroronces, executive education programs, communilydevelopmenl programs, publications, and lraining Programs;
(g) to undertake programs forthe training and developmont ot faculty members of the Universily and other institutions in lndia or abroad ;
(h) to undertake collaborative research with a.y organization in lndia or abroad ;
(i) lo create higher levels of intelloctual abilities ; 0lo provide consultancyto industry, Gov€rnment and Public Organization ;
(k) to ensure thal the standard ot the degrees, diplomas, charters, certificales and olher academic distinctions are nol lowerlhan thoselaid
. down bylhe University Grants Commission (UGC), All lndia Councilior Technical Education (AICTE), BarCouncilol lndia (BCl),lhe Distance Education Council (DEC), the Denial Councilol lndia (DCl), ihe lndian Nursing Council (lNC), the Medlcal Councilol lndla (MCl), the National Council for Teachor Education (NCTE) and the Pharmacy Councilot lndia (PCl) and other Statutorybodies and other National Accreditation bodles; O to do all thlngs necessary or expedient to promote the above obiectives ;
(m) to pursue anyother objective as may b6 approved by the State Govemment.
powers ot the 8. (1) The Universily shall have the following powers, namely l Unlverslty. (a) to ostabllsh, maintain and recognize such Begional C€ntres and Study Cenlres as may bo d€tormined by the tJniversity from time to time in the fiannEr laid down bythe Staiutes;
(b) to carry out all such other activities as may be necessary or feasible in lulrherance of the object of the University:
(o ) to conlordegrees, diplomas, charters, certilicates oroth6racadefiic disiinctions and prof€ssional designalions in the mannerand under conditions laid down in lhe Statulos ;
(O to institute and award lellowships, scholarships and prizes etc., in accordance with the Statut€s ;
(e) lo demand and receive such feos, bills, invoices and collecl charges as may bd fixod by the Slatules or rules, as the case may be ; (0 to make provisions lor extra curricular activities for students and employees;
(g) io make appolntments of lhe faculty, otficers and omployees of the Universityoraconslituentcollege, atliliatedcolleges, Regional Centres, StudyCentres located ln lndiaand abroad; (ir) to receive donations and gifts ol any kind and lo acquke, hold, manage, maintain and dispose ol any movable or immovablo property, including kustand ondowment properlies lor the PUrposo of be University or a constrtuent college, or a Reglonal Centre, Study Centre i
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(i) to inslitut€ and maintain halis and to recognize Places of residenoe for students o, the University or a constiluenl college atthe maln campus and othercampuses in lndia and abroad;
(j) tosiJperviseand controllhe residence, and to regulate the discipline among th6 students and all categories of employees and to lay down the condilions of servic€ o, such employees, including thoir Code of Conduct ;
(k) to create academic, admlnistrativ€ and support stalf and othor nocessary posts ;
(l) to co-operate and collaborate with other Universities and lnstitutions in 6uch a mannerand for such purposes as the University may determine irom time to time i
(m) lo olfea programs on distance education syslom and continuing education andthe mannBr in which such programs are ollored bythe University i
(n) to organize and cond uct refresher courses, orientation courses, workshops, semlnals and otherprograms fortoachers, developers ol course ware, evaluatoas and other academic statf;
(o) to detormine standardsof admission lo the University, constituent colleges, affilialed colleges, regional centers, study centers with the approvalof the Academic Council ;
(p) to mako special provision lor students bolonging to the State of Sikkim for admissionin any course of tho University or ln a constituent colleg€, afliliated oollege, regionalcentre or study centre ;
(q) io establish job oriented Vocational Coursos lo lacilitate the massos and solve unemPloYmont;
(r) to do all such other acts or things whether incidental to the powers atorosaid or not, as may be necessary to furlh€. the objects of the University;
(s) to prescribg such courses for Bachelor Degree, Mastor Degree, lMaster ot Philosophy, Doctor oi Philosophy , Doctor of Scienco Degrees and Research, and such otherdegrees, diplomas, chariers' certificates etc.;
(t) to provide for the preparation ol inslructional materials, including films, cassetios, tapes, video cassottes, COs, VCDS, and other software i
(u) to recognize examinations or period of study (whether in full or in parl of other University, institutions or other places ol Higher learning as equivalenl lo examinations or periods of studies in the univorsities and to withdraw such recognition at anytime;
(v) to raise, cotlect, subscribe and bo ow with tho approval of the Board of Governors whetheron the securities orthe properties ofthe Universities, moneyior tho purpose of the university;
(w) to enter into carryout, vary or cancel contacts
(x) to do all things nocessary oa expodienl to oxercise the above powers'
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Unlv€Bity open to all classes, casteg, creed, religion, languaggond
gend€r.
Natlonal
Accredltttlonand Recognition ol Statuiory Bodles.
9. The University shall be opened to all persons irrespective of class, caste, creed, religion, language or gonder:Provided thal nolhing in thissectlon shall be deomedto preventthe Univ6rsitylrom making special provisions for admission tor students of lhe State.
10 ('1) The University will seek, obtain and retain accreditalion from respoctive national accroditation bodies and be subjecito relevant provislons of th6 UniversityGrantsCommission Act, l956andtheRegulations/Guidelines oade thereunderkom time totime relating io private Universities.(2) The University shallobtaln prior permission/ recognillon from Stalutory bodies and otherconcernsd authorities/bodies, ii required byany lawforihetime being in force.
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CHAPTER 3
Olflcers ol the University Oltlcers of the 11. The lollowing shallbe the otficers ofthe University' namely:-
University. (a) The Chancellori
(b) Tho Pro'Chancellor
(c) TheVice-Chancollor;
(d) The Begisvar;
(e) The Finance Otticer;and
(f) Suoh othe' oflicos as may be declared by the Statules to be officots ot the University'
TheVlsilor. 12. (1) Tho Govelnor of Sikkim willbethe Visitor ofihe Univer6ity
(2) The Visitor shall, when preseni' preside at the convocation ol the tJniversityforconforring Dogrees' Diplomas' Charters' Designationsand Cerlificates
(3) The Visitor shallhave thetollowing powers' namely :.
(a) To call ior any paper or inlormalion relaling to the aflairs of the UniversitY'
(b) On tho basis of the lnformaiion received by the Visitor' ii heis satisliod that any order' proceeding' or decision taken by any authority ol the university is not in conformity with the Act' Regulations, or Rules, ho may issue such diroctions as he may deem fii in the interest of the University and th€ directions so issued shall becomPlied with bY allconcorned'
TheChancellor.13(1) The Sponsorshall, with the Prior apProvalofthe Visitot' appointaperson suitable lo be appointed as the Chancellor ol the University'
(2) The Chancellor so appointed shall hold the ollice lor a period of five yearc'
(3) The Chancellor shallbethe h€ad oithe University'
(4) The Chancellor shall Preside at the meeting ol the Board oi Governors and shall, when the Visitor is not present' preside ai the convocation ol the Universitylor conferrlng degrees '
diplomas' Charters' Designations or
Cerlificates.
(5) The Chancellor shallhave thefollowing po'r/ers' namelyi-
(a) to call for any iniormation or rocord;
(b) to appoint and to remove the Pro"Chancellors'
(c) to appoinl and to remove the Vice-Chancellor;
(d) such other powers as may be conferred onhlm by this Act or the Statutes made thereunder'
The Pro,Chaneellor' 14. (1) Tho Sponsor shallappoint two Pro-Chancellors of the Universityviz' Pro'Chancellor (Adminisration) and Pro-Chancellor (Acadsmic)
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The Pro-Chancellor so appointed shallhold the otficefor a period ol five years.
Tho Pro-Chancellor shall proside atthe meeting ofthe Board of Goveanorswhen the Chancellor is not pr€sentand shall, when the Visitor or Chancellor is not present, preside atthe convocalion of the University ior @nferring degrees, diplomas, Charlers, Designalions or Cenif icates. The Pro-Chanc€llor (Administration) shall have tollowing powers, namely :-
a) to call lor any information related lo the entire administration of the University ;
b) such other powers as rnay be conferred on him by this Act or the Stalutes made th6reunder.
The Pro-Chancollor (Academic) shall have following powers, namely:-
a) to calt tor any information rolated to the ontire Academic including research p.oceedings ofthe University; b) such other powors as may be conferred on him by this Act or the Statutes mad6 ihereunder. The Chancelloris empowered to remove the Pro-Chancellor.
15. (1) The Vice-ChanceUor shall be appointed on such terms and conditions as may be prescribed by the Statutes for aterm ol five years by th6 Chanc€llor.
(2) The Vice-Chancellor shall bo appolnted by lhe Chancotlor from a panel of three persons recommended bythe Board of Governors and shallhold office tor a term of five years :Provided ihat, after expiration o, the ierm of fiv6 years, the Vlce-Chancellor shall be eligible for re"appointmont for anothertem nol oxceeding five yoars.
(3) The Vice-Chanc€llor shall be the Principal exocutive and academic otficerotlho Univorsity and shalloxorcise general suporvision and control over the atfaks ol lhe University and give effect to the decisions of the aulhorilios ol the University,
(4) lf in the opinion of the Vice-Chancollor it is necessary to take lmmediate action on any matterloawhich powers are conrerred on any other authority by or underthis Act, he may take such action as he deems necessary and shallat the earliest opporlun'ty thereatter report his action to such officers oraulhority as would have in lhe ordinary coursg dealt wilh the matter :
Providod that if in the opinion ot the concerned authority such action should nol have been taken bythe Vice-Chancellor, lhen such case shallbe referred tothe Chancellor, whose decision thereon shall be final ;
Provided further thal where anysuch action laken bythe Vice, Chancellor alfects any person in the service ol the University, such person shallbe entitled to prefor, within three months from the date on which such action is communlcated to him, an appealtothe Board ol Govemors and the Board of Governors may confirm or modity or reverse the action taken bythe Vice"Chanc€llor.
l0
t2)
(3)
(4)
(s)
(6)
The Vlce-Chancellor.
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(5) lf in the opinion of tho Vice-Chancellor any decision ol any authority ol the University is outside the powers conrerred by this Acl, Statutes or is likely to be prejudicialto the interest ol the University, he shall roquest the concerned aqthority to revise its docision within seven days kom the date ol his decision and in cas6 the authoriv refuses to revise such decision wholly o. partly orfails to take any decision within seven days, then such matlershallbe referred totho Chancellorand his decision the.eon shallbe final.
(6) Tho Vice'Chancellor shall exercise such other po!{ers and perlorm such other duties as may be lald down by the Statutes orthe rules' C4 The Vice-Chancellor shall preside a! the convocation ofthe Univorsityin the absence ofthe Visitor, the Chancellor and the Pro-Chancellors, for conf erring degreos' diplomas, Charters, Designations or Certiticates ' (8) The Chancellor is empowered to remove the Vico-Chanc€llo' after due enquiry. ltwillbe open tothe Chancellorto suspend the Vic€-Chancellor
during enquiry d€pending upon the se ousness of the charges, as he
may deom fit
Deans ol Faculties. 16. Doans of faculties shall be appointod by the Vjco-Chancellor in such manner and shalt exercise such poM/ers and pgrform such duties as may be
Proscribed bY Statutes'
The Reglstra.. 17. (1) The appointmenl ollhe Registrar shallbe made in such manner as may
be Prescribed bY the Statutes
(2) All contracts shall be signed and all documents and records shall be authenticated bythe Registrar on behalt of the University'
(3) The Regisir shall exorcise such othe' powers and perform such other dulies as may be pr6scribed or may be requked from time to time' bythe Board of Governors
(4) The Registrar shall be rssponsible lor the duo custody ol the records and ' the common seal of the University and shall be bound lo place bofore the Chancellor, the Vice-Chancellor or any other authority' all such inlormation and doclrnents as may be nscessary for transactioo of their business.
. (5) The Registrar shall exercise such powers and perlorm such duliesas may be Prescribed bY the Statutes'
The Finance Oftlcer. 18. The appointment ot the Financl Officer shal' be made in such manner as may be prescribed by the Statutss' The Financs Officer shal' exercise such powors and perform such duties as may bo prescribed by the Statutes' Other Otflcors, 19. The manner of appointment, terms and conditions of servico and powers and duties of the other officers o' the University shall be such as may be , proscribod bythe slatutes'
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CHAPTER 4
Authorltie6 ol the Univeralty Authorities 20. The following shallbe the authorities of tho University, namely :-
ol lhe Unlversity. (a) The Board of Govemors;
(b) The Board of Manag€ment:
(c) The Academic Council; (O The Finance Commineo;and
(e) Such other authorities as may be declared by the Statutes to be the authorities of the Universiiy.
Th€ Board o,
Govemo6and
ita powers.
21. (1) The Board ol Governors shallconslst ofthefollowing, namely l"
(a) TheChancellor.
(b) Tho Pro-Chancellor (Administration).
(c) The Pro-Chancollor (Academic).
(d) The Vice-Chancellor.
(e) A nominee ofthe UGC. (0 Thr6e persons nominated bythe Sponsor,
(g) One representativo oi the State Government.
(h) Two porsons of reputo to be nominated by the Visitor.
(i) Two aQadomicians to be nominated bythe Chancellor.
(2) The Chancellor shall be the Chakman ofthe Boardof Govemors.
(3) Tho Registrar shall be an ex-otficio Secretary of the Board of Governors.
(4) Th€ Board of Govornors shallbelhe supreme authorityand principal goveming bodyofthe Universltyand shallhave the iollowing powers, namoly :.
(a) to appoinl ihe Statutory Auditors of the Universily;
(b) to lay down policies to be pursu€d by the Univ6rsity;
(c) to rev,ew decisions oi the other authorilies ot the Universityif they are not in conformity wiih the provisions oi this Act, or the Statutes or the rulesi
(d) to approve the budget and annual repon ol the University;
(e) 10 make ne!ry or additional Statutes and rules or amend or repeal the earlier Statutes and rul€s;
(0 to take decision about voluntary windlng up of the University;
(g) to approve proposals tor submission to the State Govemment; and
(h) lo take such decisions and steps as are found desirablo lor etlectlvely carrying oul rhe objects ot the University:
(5) The Board of Governors shall, meet at least twice in a calendar yearat such tlme and place asthe Chancollor thinks fit.
The Board ol 22.(l) Ths Board of lllanagemenl shallconsist of the following, namely I' Mdnagem€nt. (a) The Vice-Chanc€llor'
(b) The Bogislrar'
(c) Fourporsons, nominated bythe Sponsor.
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(2\
(d) Trvo Deans ot the faculties as nominated by the Chancelior.
(o) One representative to be nominated bythe Stale Government' The Vice-Chancellor shall be the Chairperson ofthe Board of Managemont and the Begistrar shall be the Sscretary otthe Board of Management.
The powe.s and functions otlhe Board o, Madagomenl shallbe such as may be prescribed bY the Statutes
The Academic Council shall consist ol the following, namely :. {a) The Vic€.Chancellor- Chaidnan
(b) Tho Registrar' Secretary
(o) Such other members as may bo prescribed in lho Statutos, The Academic Council shall be the principal academic body ot ths University and shall, subiecl to the provisions ot this Act' the Statutes and tho aules, co-ordinate and exercise general supervision over the acadomic policies of tho University.
(3)
23.(1)The Acadomlc Councll.
TheFlnance
Commltle6.
(2)
olher Authorllles'
24. (1) Ths Finance Committee shall consist of the following, namely i'
(a) The Vico-Chancellor' Chahman
(b) The Begisirar- Secretary
(c) The Flnancoottic€r " [4ember
(d) Such other membarc as may be prescribed in lho Stalutes'
(2) The Finance Committoe shallbethe prificipal lihancial body ofthe Universily lo take care of financial matters and shall, subject to the provisions oi this Act, Statutes and rules, co_ordinale and exerciso general superyision overthe finarcial matlers ot the Univorsity'
25. The constitution, powers and iunctions of the other authorliies of the University shall be such as may bo prescribed by ihe Statutes
26. No act or prooeeding of any autilority ot the University shall be invalid morely by reason of the exislence of any vacancy or defect in tho constitution of lhe authority.
Proceedings not
lnvalidaled oa
acoount ot v6cancy'
u
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Siatuie5 and Ruleg Statute6. 27. Subject to the provisions of this Act and rules, the Statutos may providefor any matter relatng to the University and statf, as glven below :-
(4 the constitutlon, powors and functions of the authorities and other bodies of th€ University as specified in the Acl and such other authoriti€s as may be constituted from time to time;
(b) lhe operation of the endowmont fund, the general fund and the develoPment fund;
(c) the terms and conditlons of appointment of the Vice"Chanc€llor, th€ Registrar and tho Finanoe Otficer and their powers andlunctions;
(d) the mode of recruitment and the conditions of service o, lhe other otficers, teachers and employees ofthe University;
. (6) lhe procedure for rosolving disputes between tho Univorsity and its otflcers, faculty members, employeos and students;
(0 creation, abolition or restruciuring of departmonts and facullies;
(g) the manner of co-operatlon wilh other Universities or institutions ol higherleaming;
(h) the procedure for conlorment of honorary dsgrees;
(i) provisions regarding grant of freeships and scholarships; 0 number of scats in ditferent cours6s ol studies and the procedure of admission of students to such courses;
(k) the fee chargeable from students for various courses of studies:
Provided lhat the University shall not mak€ any Statuto relating tothe charqlng of donation orcapltation f6e from the studonts;
(l) institution of fellowships, scholarships, studentships, freeshlps, - medals and p.iz€s;
(m) procedure lor creation and abolltion ofposts;
(n) all other mattsrs which by this Act are required to be provided . Statuteg how made. 28, The first Statutes framedby the Board of Govomors shall be submitled to the Stale Government for its approval.
Power to amend 29. The Boardof Gove;nors may, wlth the prior approvalof the State the Statutes. Govemmont, make new or additional Statutes or amend or repealihe Statutes.
Rules. 30. Subiect to the provisions of this Act, lhe rules may provide for all or any of the tollowing matters, namely:-
(a) admission ol sludents to the University and thoir en.olment and continuance as such;
(b) the courses of sludy to be laid down lor all Degrees, Diplomas, Certificates, Charters and other academic distinciions olthe University;
14
(c) the award of Deglees, Diplomas, Cha(ers, Certificates and other academic distinctions oi ihe univorsityi
(d) creation ol new authorities ol the University;
(e) accounting policy and financial procedure; (0 the oonditions of the award ot lollowships' scholarships' studentshiPs, medals and Prizes;
(g) the conduct ot examinations and the conditions and mode ot appointment and dutios ol oxamining bodies, examiners' invigilators' tabulators and moderalors;
(h) tho f€e to be charged for admission to the examinations, Degrees' Diplomas, Certlficatos, Chaners and olher acadomic distinctions of the University;
(i) revision ot feos; ' O alteration of number of seats in ditferent courses and programs
(k) the conditlons of residonce of the students at the Universityor a constituent college or affiliated college;
(l) maintenance of discipline among the studonts of the University or a constituent coll6ge or atiiliated coll€ge;
(m) all other matters as may be provided in the Statutes and rules made under the Act.
Ruleghowmade.3l.TheRulesshallbemadobytheBoardo'Governorcandshallbesubmitted to the State Governmenl lor its approval.
Power to amend rules. 32. The Board of Govemors may, with the approval ol the Stale Govemment' make new or additional rules or amend or repealthe rules'
15
CHAPTER 6
Mlscellaneous Conditlons o, s€rvlce ol employees,
33. (1) Every employee shall be appointed under a written contract, which shall be kept in lhe Universlty and a copy of whlch shall bo furnishod lo the employee concemed.
(a Disciplinary action against the students/employees shall b€ governod by procedure prescrbed in the Statutes.
Rlghtlo appeal. u.
35.
38.
Every employoe or student of the lJnivorsity or ol a oonstituent college, shall notwithgtanding anyihing conlalned in this Act, have a right to appealwithin such time as may be prescribed, to th€ Board of Management againstthe decision of any ofiicoror authority of the University or ofthe Prlnclpalof any such colloge, and thereupon tho Board of Management mayconfirm, modily or change tho declsion appealed against.
Ih6 lJnivorslty shaltconstitut€ forthe b€nefit of its employees such provident or pension fund and provido such insurance scheme as it may deem fit in such manner and subiectto such condltions as may be prescribed,
lf any question arisos as to whethgrany person has been duly eloctsd or appointed as, or is ontitled to be a memberof any authorityor other bodyof the Univorsity, the mattershallbe r€f€rred tothe Chancellorwhose decision theroon shallbefinal.
Any authority ol lhe University mentioned in Section 20 may constiluto a committee of such authorlty, consisting of such members as such aulhority may deem fit, and having such powors as the authority may deem tit. Any casualvacancy among tho members, otherthan ex_officio members, of any Aqthority or bodyof the University shall be filled in the same mannerin which lhe memborwhose vacancy is 1o b6 filled up, was chosen, and the person filling the vacancy shallbe a member of such authorlty or bodyfolthe residue of theterm forwhich the psrson whoss place he/shefllls would have been amember,
Nosuit or other legal proceedlngs shalllio against any otficor or othor employee ofthe Unive6ity lor anything, whlch is done in good faith or intended to be dono in pursuanco of lhe provisions ofthis Act' ihe Statutes or the rules.
Notwithstanding anythlng contained in any other provisions ofthis Act and the Statutes r
Provldentlund
and pension.
Dlsputesasto
constllutlon ot
Unlverslty authorltie€
and bodlea.
Constltutlon ol
committees,
Fllling oI casual
vtcSncles.
Protectlon ol actlon
taken lngood lelth,
39.
t6
Transltional Provlglong, 40.
16
(a)the first Pro-Chancellors shallbe appoinled by the chancellorand the said otficers shall hold otlice for a term ol live years;
(b) the first Vice'Chancellor shall be appointed by the Chancollor and the said ofiicer shall hold oftioe for a lerm of five years;
(c) The ti.st Registrar and the tirst Finance Ofiicer shall be appointedby the Chancellorwho shallhold office ior a lerm ol live years; (d ) The fkst Board o{ Governors shallhold oilicefor a t€rm not exceeding five Years;
(e) The lirst Board of Managemenl' lhe first Finance Committee and the lirst Academic Councilshallbe constituted bythe Chancellorfor a t€rm of tive Years'
EndowmentFund.41. (1) Tho University shallestablish an endowmentlund ol at least Rupees
. on6 crore.
(2) The Univorsity shallhave powerto invesl the endowmentlund in such manner as may be prescrib6d'
(3) The University may transfer any amount lrom the gsneral tund or the developmont,und to the endowment fund Excepting in the dissolution of th€ Unlversity, in no olher circumslancescan any monies be kansferred kom the endowm€nt fund tor other purposes'
(4) Not exceeding 75 percant ol the incomes receivod from ihe endowment fund shallbe used for the purposes ot develoPfirent works of the University. The.emaining 25 percent shallbe reinvosted intothe endowmentfLrnd
ceneral lund. 42. (1) The University shall establish a genoral fund to which iho following amouni shallbe cr€diled, namely t
(a) all fees which may be charged by the Llnivorsity:
(b) all sums received from any other sourc6; (c ) all contributions made bythe Sponsor;
. (d) all contributions/donations made in ihis behall by any other personor body, which are not prohibitod by any law torthe time boing in torce'
(2) Thefunds credited tothe genoraitund shallb€ aPplied to meetthe following Payments, namelY t
(a) the repaym€nt ol debts including interest charges thereto inourred by the University for the purposes of this Act' the Statutes and the rules madethoreunder;
(b) tho upko€p of the assets of the University; (c ) the payment of lh€ cost otaudit ofthe fund created under section 41'
(d) meeting the oxpenses of any suit or proceodings to which LJniversity is a Party;
(e) the payment of sala'ies and allowances ol the oflicers and employegsol the University' members oftheteaching and research statf, and paymentof any Provident Fund contributions' gratuity and l1
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D€velopmerf Fund. 43. other benefits to anysuch otficers and employoes, members otthe leaching and research statf:
(0 the payment ol travellng and other allowances o{ the members of the Board ol Govemors, the Board of Managsment, Academic Council, and olher authorities so declared underthe Statut€s otthe University and ofihe mombors ol any Committoe or Board appolnted by any of the authorjties ol th€ University in pursuance ol any provision ot this Acl or lhe Statutes orthe rules madethoreunder;
(g) the paymeni of lellowshlps, froeships, schola6hips, assistanlships and otherawards tostudents, research associatgs or irainees eligible forsuch awards underthe Statut€s or rules olthe University under the provisions ol this Act;
(h) the payment ol any expenses incurred by the University in carrying out the provisions of lhis Act, and the Statutos or tho rules made thereundeI
(i) the payment of cost of capital, not excoeding the prevailing bankrate of interest, lncurred bythe Sponsorfor setting up the Unive.sity and th6 investments made lhereof ;
0the paymonl of charges and expenditure relating to the consultancy work undertaken bythe university in pulsuance ofthe provlsions of this Act, and the Statutes, and the rules made lhereunder:
Provided thai no expenditure shallbe jncurred bythe Universityin excess oi the limits lor total recu ng expendituae and tolal non_r€curring expenditure forthayoaras maybe fixed byth€ Board oI Management wlthout the previous approvalofthe Board of Managemenl:
Provided furtherthatthe Gonoralfund shallbe applled torthe objecls specified under sub'section(2) with the prlor approval of the Board of Management ol the University.
('t) Th€ Univorsity shallalso establish a developmentfund towhich the foilowlng funds shall be credited, namoly:
(a) Dsvelopment fe€s which may be charged from students;
(b) all sums received trom any olhgr source tor the puQoses ol ihe develoPment ot the Universityl
(c) all c.ntrlbulionc made by lhe SPonsor; (O all contributions/donations made in this behalf by any other personor body which are not prohibited by any lawforthetimo being in force; and
(e) all incomes rec€ived from the ondowment fund.
(2) The tunds crsdiied to the development fund from time lo time shall be utilized for the development of the University.
The tunds established undersectlons 41.42 and 43 shall, subject to gen€ral supervislon and oontroloftho Board of Governors, be regulated and maintained in such mannoras maybe prescribed.
18
Malntenanc€ of fund, 44.
18
AnnualReport. Account and audlt. 46.0) Mode otproof o,
Unlver6lty record.
45. (1) The annual report of the University shall be prepared under the direction ot the Board of Management and shal!be submitted to tho Board ol Goveft ors f or its approval.
(2) Tho Board of Governors shall consider the annual rgport in its meoting and may-approve the samewith orwithout modirication;
(3) A copy of tho annual report duly approv€d by the Board of Govehors shallbg sentto Visilorand the State Government on or beforo Oecember 3'1 following close ot tho financial yoar in March 31 each year. The annualaccounts and Balanco Sheet ot the University shall be prepared underthe direction ofthe Board of Managementand allfunds accruingto or recoived by the Universitylrom whatevor source and all amount disbursed or paid shallbe ontered in tho accounts maintained by the univorsity.
The annualaccounts ol the University shall be audited by a chartered acoountant. who is a membea of the lnst,tute of Charter€d Accountants of lndia, every year.
A copy ol the annualaccounts and the Balance Sheettogether with the audit reportshallbe submittedto tho Board of Govemors on orbs{ore Deoomber 31 loltowing close of the linancialyear in March 31 each year. The annualaccounts, th€ Balancs Shoot and the audit report shallbo c,onsidered bythe Boardof Governors at its meeting and the Board of Governors shalllorwald the same tothe Visitorand the State Government along with its observations thereon on or betole December 31 oach year.
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(3)
(4)
47.
4.
(g ln the evsnt ol any material qualifications in the Roport of tho Auditors, the Stato Governmont may issue dlrections to the Universlty, and such directions shal! be blnding on the University.
Acopy otany receipt, application, notice, order, proceeding or resolulion of any authority orcommittee of tho univorsity or othor docum6nts in possession of the University or any eniry in any register duly maintained by the University, if certiried by the Reglstrar, shall bo r€ceived as prima facie evidenco of such receipt, application, notice, ordor, proceoding, re6olution or documgnt orthe oxistenca ot entryin the registerand shallbe admittod as evidence of the matlers and kansaction lherein recorded whore the original thereofwould, if produced, have been admissible in evldence
(1) lf the Sponsor proposes dissolution of the University in accordance with the law governing its constitutlon or incorporation, it shallgive al least twelve months notice in writiag to ihe State Govornmenland it shall enslrrethat no new admissionstothe Universltyare accepted during the noticeperiod.
(a On identification of mismanagement, mal-administration, in'discipline, failure in the accomplishment of the objects ol University and economic
.19
Diasolutionol t niverslty.
19
Unlverslty during dlssolutlon. hardshlps ln the management systoms of Unive.sity, the State Government would issue dlr€ctions tothe management system of University. lf the directions are noifollowod within such time as may be prescribed,lhe righl to lake decision lorwinding up of the University would vesl in the State Governmenl.
(3) The manner of winding up of th6 Univers;ty would be such as may be prescribed in this behalt ; Providod that no such action will b! ;nitialed without aflording a reasonable opportunitylo show caus€ lo the Sponsor.
(4) On recelpt of th6 notice referred to ln sub-section (1), the State Government shall,in consultatlon wilh ths UGC makesuch arrangements for administration olthe Universityfrom the proposed date o{dissolution of lhe University by the Sponsor and until the last batch ol studenls in regular oourses of studies of the University complot€ lhek courses of studies in such mannor as may be prescribed bythe Statutos. Expendlturo ol the ;g, (1) The oxpenditure lor administration otthe University duringthe taking ovor period of its management under section 48 shallbe met out ofthe
endowment fund, lhe generalfund orthe development lund.
(a It the funds relerred to sub-section (1) are not sutficient to me6l the expenditure of the Univorsity duringthe laking ovor period of its
management, such expenditure may be met by disposing otthe
properiies or assets of the Unlversity, by the State Government.
Laylng ofstatutes 50. Every Stalute orFlules made underthis Actshall, as soon as may be after it and rules is made, be laid before lho State Legislature.
Removatot dftficulfios. 5'i. (1) lf any difiiculty arlses in giving etfect to the provisions ol this Act, the State Government may, by a notiflcatlon or order, make such provisions,
not inconsistent wlth the provisions of this Act, as appear tolt lo be
. necessary or expediodt, for removing tho ditflculty:
Provlded that no notification, order undersub-soction(1) shallbe made afterlhe expiration of a period olthreeyears from the commencenrent of this Act
(2) Evory order mado under sub-sectlon (1) shall, as soon as may be after it is mado, be lald betore the Stale Legislature.
By Order.
R.K. PURKAYASTHA (SSJS)
Ln-cum- Socrotary Law D€partmont . F. No. 16 (82) LD/P/08 S.G.P.G- 3i21/ Aezettdlso Nosmb 3O.O7.2(n8
20
GOVERNMENT'
SIKKIM
EXTRAO B DINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gan
Amendment of Section2 Thursday 20rh April,2017No. 137
GOVERNMENT OF SIKKIM
LAW DEPART|llENT
GANGTOK
No.7/LD/17 Dated:19 APril,2017 ' NOTIFICATION
The lollowlng Acl passed by ihe Sikklm Leglslative Assernbly and having 'eceived assent
oi the Governor;n 22^d day ai lvlarch, 20T7ls heleby publlshed for general iniolrnation:_ THE VINAYAKA MISSIONS SIKKIM UN]VEBSITY (,AI\4ENDMENT) ACT,2O17 acT No.70F 2017
AN
ACT
to arnend the Vjnayaka Missions Sikkim University Act,2008 Be it enacted by the Legislature of Sikkim on the Sirly-elghth Year oi the Bepublic of India as {ollowsl
Short tille and commencemenl 1. (1) This Aci may be called the Vinayaka Missions Slkkim University (Amendment) Aci2017
(2) lt sha I come into force at once.
2. ln the Vinayaka llissions Slkkim tln verslty Act, 2008, (11 oi 2008) herelnafier referled to as the "Pincipal Act", in section2,
(i) cLauses (iil), (vlii) and (xvii) shall be omltted;
(ii) in clause (xii), the words "or of a constiluent college"
shall be omilted;
(ili) in clause (xix) for the words "ln any region"lhe words, "any!!heTe ln the Stale ol Sikkjm" shall be sLlbsiituted;
(lv) in cLause (xxvi), lhe wolds "or in a constiluent college or instltutlon that lnciudes the Prjncipal of a consiliuent college or instilutlon" shall be ornilted'
21
Amendment of Section 4 3. ln the Plincpal Act, ln sectlon 4, in sub-section (3)' for the words "anywhere in lndia and abroad the words
"anywhere in the State oi Slkkim', shall be substituled' Amendment oI Section 6 4. ln the Princlpa Act, in section 6-
(i) ln sub-section (i) the word "constit!e't college" shall be omitled;
(ii) sub-section (ii) shalL be omitted' Amendment ot Section 7 5. ln ihe Princlpal Aci, in secilon 7_ Oin clause (b), tor the words, "at dilferent places in lndia and abroad", the words 'anYwhere jn the State of Slkkim" shall be substituted;
(ii) jn clause (c), alter distance edLrcation prograr'me' the words "approved by UGC/erstwhlle DEC", shall be inseded.
Amendment o, Section I 6. ln the principal Act, ln seciion B-
(i) in clause (a) after the words "Study Centres" the words, "anywhere in the Stale ol Sikkjrn" shallbe inserled;
(il) ln clause (g), the wolds "or a constlluent college' alfiliated colleges located if lndia and abroad", shall be omitted;
(lii) in clause (h), the words " a constlluent college"' sha ! be omitted;
(iv) in clause (i), the words "or a constitueni colege ai the main campus and other campuses ln lndiaand abroad", shall be omltted;
(v) in clause (m), alter lhe words "distance eduoatjon system" the words, "approvecr' by UGC/erstwhile DEC'', snal' oe inserlpd:
(vi) in clause (o), ihe words "conslituent colleges' aiiiliated coLleges", shal be omitied;
(vii) n calse (p), the words "or in a constituent coLLege' alfi jaied co lege' shall be ornltted.
Amendment of Section 30 7- ln the princlpal Acl, in section 30'
(l) in clause (k), the words "or a conslitl]ent collegeor affiiiated college", shal! be or.itted;
(ii) in cLause( ), the words "or a constituenl collegeor afflliated college" shalL be omilted;
Amendment ot section 34 8. ln the principal Aci, in seclion 34' the words "or ot a constituent college" shall be omitted
22
GOVERNMENT
SIKKIM
EXTBAO RD INAHY
PUBLTSHED BY AUTHOHITY
GAZETTE
Gangtok Thursday 26'h July,2018No.373 No. 1s/LD/18
GOVEBNI\NENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTIFICATION
Date:23.07.2018 The Jollowlng Aci passed by the Sikklm Leglslatile Assembly and having received assent of the Governor on 17'r day ol July, 2018 is hereby publshed tol general information:_ THE VINAYAKA I{ISSIONS SIKKIM UNTVERSITY (AI]lENDMENT) ACT,2O18
(ACT NO. 1e OF 2018)
AN
ACT
10 amend ihe Vinayaka lMisslons Sikkirn Universily Acl,2008 BE it enacled by the Legislature ol S kkim in the Sixty-ninth Year ot the Fepubllc oi lndia as followsi
Short title and
commencement
Amendment oi
Seciion 48
Subsiitulion ol2.
reference 10
cedain expression
by certaln other
expression
1. (1) This Act may be caled the Vinayaka Missions Sikkim University (Amendment) Act, 2018.
(2) lt shall come jnto force at once. ln ihe Vlnayaka frrlissions Sikkim University Acl, 2008, (11 of 2008) hereinaiter relerTed to as the "Principai Act", unless otherwlse expressly provided, tor the words "Thirumuruga Kirupandanda Valiyar Thavathiru Sundara Swamigal l\y'edjcaL Educauonal and Challtabe Trr.rsl" wherever they occur, the words "Jeen Un versal Foundalion, New Delhi" shall be substituted.
3. ln the "Principal Act", in sectlon 48, sLrb seclion(1) ailer the word
"dissolutlon" the u/oTds "or change in sponsorship" shall be inserted. K. C. Barphungpa (SSJS)
L.B-cum-Secretary
Law DePartment.
s c P.G- - 373/ Con.E/Gazette /100 NosJ Ati 26.47.2418
THE SUBSEQUENT AMENDMENTS TO THE VINAYAKA MISSIONS SIKKIM UNIVERSITY ACT, 2006 (ACT NO. 11 OF 2008) AMENDED AND UPDATED
UPTO JULY, 2018
`
23