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SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
troBLISHBO BY AVJTHOlU'IY ':;I~.;:;-:z:.~.r.;;a".:m:::~:;'ll'J'C."!':t,;r.;Wr'..r.."tt.."rI~.c:nu..~~Il~~~' ~"""'-,!"""",, __ ~ 1995 . No. 184.Gangtok, ~..~~=-~-.. ~
Wednesday, 15th November,
GOVERNMENT OF SIKKIM
lAW DEPARTMENT
GANGTOK.
No, 9/LD/1995
Dated 30th. October, 1995. Notification
'.
Thefoilowlng j~Gt01ftl1e Sikklm legislative Assembly Secretariat hav~ngrecelved assent of the GoveiTli'Jf( -nrJ "uHh day oi October? ~995 is hereby published for general' informat(on:u SIKK!lVJ·MANIPAL UNIVERSITY
OF
HEALTH, MEDiCj~~v
AND
TECHNOLOGICAL SCIENCES ACT, 1995.
(ACT NO.9 OF· 1995)
1
~ r"\
ARRANGEMENT OF SECTIONS:
1.
Short TitleandCommencement.
2. Definitions.
3. Establishment and Incorporation of Sikkim-Manipal University of Health, Medical and Technological Sciences.
4.
Objects orthe University etc.
5. Powersand functions of the University. 6 .. Teaching of the University
7. Chancellor
8.
Pro-Chancellor
9.
Vice-Chancellor
"10. Method or appointment of Vice-Chancellor.
11. Power and duties of the Vice-Chancellor. \
12. Registrar.
13. Authorities of the University.
14. Officers:of the University.
15. Governing Council.
16. Executive Committee.
17.
Academic Senate.
18. Regulations.
19.
Appointment of University Review Committee.
20. Action not to be invalidated merely on ·the ground of the defect in the constitution, vacancy etc.
2'1. Removal of Difficulties.
22. Removal of Doubts. \
23. Transitory Provision.
24.
Authorities and Officers of the University.etc. 2!5. Indemnity.
26. Power to amend the S.chedule.
27. Act to have over-riding effect.
2
SCHEDULE
(See Section 2 (n))
1.
Definitions
2. Membership of the Governing Council.
3. Chairman, Vice-Chancellor and Seoretary.
4. Termofofficeofthemembers of the Governing council.
5. Powers and functions of the Governing Council.
6. Meetings of the Governing Council.
7.
MembershipoftheExecutive Committee.
8. TermofofficeoftheExecutive Council.
9. Powers arid functions. of the Executive Committee.
10. Meeting of the Executive Committee. '11 . Constitution of a Standing Committee. and appointment of Ad-hoc Committee by the Executive Committee.
12. Delegation of powers. by the Executive Committee.
13.
Membership of the Academic Senate. '14. Powers and duties of the Academic Senate.
15. Procedure of the. Meeting of the Academic Senate.
16. Finance.committee.
17. Director. '\8. Heads of the Departments.
19. Board of Studies.
20. Other Officers and Employees.
21. Provident Fund, Gratuity, Pension and any other.benefit scheme.
22. Funds of.the University.
23. Annual Accounts and Audit.
24. Financial Estimates.
25.
Annual Report.
3
SIKKIM-MANIPAL UNIVERSITY OF HEALTH,
MEDICAL AND TECHNOLOGICAL SCIENCES ACT,1995
(ACT NO.9 OF 1995)
AN
ACT
to establish and incorporate the Sikkim-ManipaI University of Health) Medi"
leal and Technological Sciences at Sikkim.
WHEREAS the Government of Sil
AND,'wH EREAS pursuant to the terms of the agreement aforementioned, the said (jroup or its successor known as 'Manipal Pai Foundation' .a registered Trust has established or is engaged in the establishing of several educational institutes in the State of'Sikl
AND WHEREAS in iunherance of the above objects and to manage the said institute, rules have been framed by the said Trust providinG for C'JIl.stitu'Lion of different authorities and other matters relating to the University; /\\\ID \NHEREAS the !Vi8nipai Pai Foundation has requested the State Govern- mant 'loBstabiish the Sik!<.irIH'v1anipa!University of Health, Medical and Techno- iogicc:\! Sciencos on the lines of the rules of tho Trust to. carry out its objects and funciions offectu.ally.
J..\hlDWHEREAS it is considered necessary to encouraos the establishment by the- Manipal PaiFoundation of such lnstitutes of high standards in the State of Sikkirn ;
AND WHEfiEAS it is deemed expedient therefore to establish the Sikkirn-Manipai University of Health, Ivledica! and Teclmo!oglca!· Sciences for thf) purposes hereinafter appearing;
Dc it enacted by the E;ikkirnStale L.e\~lislai.ur(: in the 46th year of the F\cpub!ic or lndia as loilows:
CO m r!1.'l:.l1:C e··
(1)-Tpi.s, ..f.\ct may be called the S!kkim-Manip~d University of Health,
. \ ~'jo I' \. 1·,-' . d "'7"" . .,t", ,; '..".~ I r,.:: "I' t: r' 'C' t'l,",{' -I G;J;';'~ ,Ii ,_Olea elf! t eLllnologled ·.Jt;lvn..,(~,;!""c' •• (; ; ,,1·.M. (:::)It shall come into force on such dat9 as tl18 State Gov~mlrne Ii, may by
110l..!'fi""tl'or'l in 1+1:.l (\f~i"'i"1 ("~::\::""\'l·t,;; '0···,..•.•iintIl~·CJ.~II1.11..:1'J:l:\..'Ir;.t"...I;..u...vVIt.qJfJIJtw' Short title and t.
/1
4
Definatlons. Establishment and Incorpo- /Sik!,im- Manipal UI'li- versity of Health, Medi- cal and Tech- nological Sci- ences.
2. InthisAct,unlessthe,context otherwise requires:-
(a) ~,'Board of Studies' means the Board of Studies established for a ;, s,ubject wider this Act. ;
(b) 'ehanceUor' means the Chancellor' of the University;
(c) ; '!Jirector' means. the Director of the Institute;
(d) _ 'Fund' means the fund of the University; (e)- ,'Governing Council' means the Governing Council of me Univer- sity constituted under this Act
(f) 'Government' means the Government of Sikkim. (g)'lnstituie' means the Institute of Health, Medical and Technotogi- G-WSciences or any oiher Institute established ~ythe ManipaWaf Foundation in the State of Sikklm ;
(1) 'Member' means the rnemter'of the University.
(i) 'NotiHcation' means Notificati6n pubHshod in tile Ofticral Gazette. U} 'f?rescribed' means prescdbed~)y rules-made under this.Act.
(k) 'Pro-Chancellor' means the Pro-Chancellor of the Unfv8l'sHy referred to in'Section 8. '
(I) 'Registrar' means the Regj~Jrar of·the Sikkim-Manipaf University of Health,Medical and Technological Sciences;
(m) 'Regulations' means the regulation made by the University under this Act.
\
(0) 'Schedule' means the schecue appended to this Act.
(o) 'Trust' means the Manipal PaiFoundaflon 2 of 1882 Trust registered under Indian Trusts ACi, 1882.
(p) 'l:Jniversity' means the Sikkim-Manipal Untve.,rsl1yoHiealtlc, lViedica~ and Technological sciences, Gangtok established under Section
3.
(q) 'Vice-Chancellor.' means the Vlce.Ohancellor pf the University appointed under Section 9.
('I) With enect from such da.teas the State·GoverfHTIantt m?lf
lor, the Governing'Council, the Academic Senate and fihe Registrar.
(2) The Uni'leisit}' shall be a.body corporate by the name afol!'esakl1. I"lill!.ltflITgJ prepetual succession and common seal with power .subjecUo the proviSions offiJh~s Act, to acquire and to hold property, to contract and shall. by the srud name, we and be sued.
(3) The rieadquarters of the University shall be atGangtok in 11;[e'S~lte:o~
5
Power and 5. functions of the University.
(b) to develop patterns of teachin;g in the under-graduate, post- graduate levels and super-speciality. of a high standard of medi cal education and also to develop patterns of teaching in under- graduate and post-graduate levels of technology; .
(c) to provide for training in para-medical and allied health sciences;
(d) to provide for training in technological sciences and allied fields;
(e) to function as referral hospital and a specialized technical institution;
(I) to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences including inter-disci- plinary fields of physical, biological and technological sciences. The powers and functions of the University shall.be :-
(a) to assist in administ$ring and mlnJging the Institute or Institutes and such other centres for researcb.ecucanon and instructions as are necessary for the furtherance of the objectsorthe University;
(b) to provide for instruction, teaching and training in such branches of knowledge or rearning pertaining to medicine, technology health and allied sciences, as the .University may think fit and to make provision forresearch, advancement and dissemination of knowledge of medicine and health etc ;
(c) to hold examinations and to grant and confer degrees, diplomas or certificates and other academic distinctions on persons who have passed a course of study in the institutes, or carry on research, subject to such conditions as the University may determine and to withdraw any sochclplomas, certificates, degree of other academic distinctions on good and sufficient cause;
(d) to create a centre of excelienceJor providing health, medical care, education andresearch Iacudes of high order in the field of medical sciences and technolbgicaLinstitutions, including con- tinuing medical education and hospital administration, dental, nursing and other faculties as may be deemed expedientby the Governing Council;
(e) to develop patterns ofteachingin under-graduate, post-graduate and super specialities so as to meet a very high standard of medical education;
(f) to provlde for teaching. and training in para-medical and allied health sciences;
(g) to provide for training in technological sciences and in the lields related to medicine and health;
(h) fo function as referral hospital and specialized. technoloqical institutions;
(i) W provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modem medicine and other allied .sciences, including inter- .disciplinary fields of physical, biological sciences and technolooi- qal sciences;
6
(j) to fix, demand and request fees and other charges;
(k) to institute and maintain halls and hostels and to r~cognise places of residence forthe students ofthe University and to withdraw such recognition accorded to any such places of residence;
(I) to establish such special centres, or other units for research and instruction as are, in the opinion of University, necessary for the furtherance of its objects;
(m) to supervise and control the residence and to regulate the discipline of the students of the University and to make arrange- ments for promoting their health;
(n) to create academic, technical, administrati 'e, ministerial and other posts and to make appointments thereto;
(o) to regulate and enforce discipline amongst the. employees of the University and to take such disciplinary measures as may be deem ed necessary;
(p) to institute protessorshp, associated pnfess~rship, assistant professorship, readership, lectureship, an any- other teaching, academic or research posts required by the University;
(q) to ·appoint persons as professors, assistant professors, readers, lecturers, or otherwise as teachers and researchers of the-University ;
(r) to institute and award fellow~hips, scholarships, prizes and medals:
(8) to provide for printing, reproduction and pubication of research and other works.and to.orqaolsa exhibitions;
(t) to co-operate with other organisations in the matter of medical and health edi:Jcation, training and research for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine;
(u) to co-operate with institutions of higher learning in any part of the world having objects wholly or partly similar to those of the University, by exhange of teachers and scholars and generally in such manner asmay be conducive for furthera:nce of the objects of tile University;
(v) to regulate the expenditure and to manage the accounts of the University;
(w) to establish and maintain within the premises ottne University or else where, such class rooms.study halls as the, University may consider-necessary. and adequately furnish the same; (~) to receive grants, subscriptions, donations and gifts for the pu~pose of University and consistent with the objects for which the I lniversitv is established;
7
(aa) to enter into. agreements with.the Central Government, State government, the University Grants Commission or other authori- ties for receiving grants;
(ab) to accept grants of money, securities or property of any kind on such terms and conditions as rnay be deemed expedient; (ac) to raise and borrow money on inortag gge , prom issory notes or on other obligations or securities based .upon on or any of the properties and assets of the University with or without any securities and upon such terms and condhons as it may think fit and to payout of the funds of1he·Wniv.ersity;·all'.expenditures incidental to the raising of money and to repay and redeem any money borrowed; "
(ad) to invest the:funds pf the University or money entrusted to the University. in other such securities and in such manner as it may deem fitand from time to trne-nanspose any investment; (ae) to make such regulations as may; from time to time, be consid- ered necessary for regulating the affairs and manaqernant otthe Universit'J and to alter,amend and to rescind them; (a0 to delE!gate all or any of its powers to the Pro-ChaQcellor, the Vice- Chancellor or. atly committee or.suo-eommittee pr to any one or more membersol fha Trust; and-
(ag) to do.all such"oth'eracts and things as th8 UnivGrsity may consider necessary, conducive or-instrumentJo·the attainmentand en- larg~ment ofthe;aioresaid objects or anyone of them. 6.{1) Allrecognisedte;:lching in connection with the degree, diplomas anQ certificates ofthe University shall be conducted, under the control of the Governing Council.by the teachers of the Univer- sity, in accor-dance wiUi.syllabus prescribed by the regulations-of the University or the:Medical Council of India or.by any other appropriate authority.
The course and curricula and lheaulhorilies responsible for. . organiJ;jng ~uch teaching shall be as prescribed by regulations.
(2)
• 7.(1)
(2)
(3)
The Governor of the State of Sikkim shall. be the Chancellor of the University.
TIi-e Chanceilor. will preside over the convocations .of tbe University.
The Chancellor shall, once in.every·five years, causetobe reviewed theprcqress.ot the University in such·manner as he may think.fit.
8.(1)
(2)
The President or Chairman of the Manipal Rai Foundation shall I be.;ihe Pro-Chancellor of the University. The Pro-Charcel!orshallpreside.,over the meeting oHhe Gov- erning CounCil and Executive .Committeeand shall exercise suc.h other. powers and functions vested with:him by or under the provisions arthis Act.
In the absence of the ChanceHor, the P~o-C.hancellor shall preside over-the convocations of the Univer.sity.,
R
(3)
The Vice- Chancellor. Method of ap- pointment of Vice-Chancel- lor.
9. (1) The Vice-Chancellor shall be a whole time officer Ofthe Univer- sity.
(2) He shall be appointed by the Pro-Chancellor in accordance with the procedures prescribed in Section 10of the Act.
(3) No person shall be appointed or hold office as' Vice-Chancellor if ·hehas attained the age of 65 years.
(4) The Vice - Chancellor shall, subject to pleasures of the Pro- Chancellor and the provisions otsub-secfion (3). hold office for a period of five years; but he shall be eligible for re- appointment;
Provided that no person shall be appointed as Vice-Chancellor for more than two terms:
Provided further thatno Vice-Chancellor shall be removed from the,offlce except by anorderpassec on the ground-Dfmis-behaviour. mis-management, mls- capacity or otherwise after due enquiry bya serving' or retired Judge of the Sikkim H,ighCourt. appointed by the'Chancellor.
(5) The emoluments and other service conditions, of the Vice- Chancellor shall be such as may be determined by the Pro- Chancellor in accordance with the regulations. if any. framed in this behalf and they shall not be varied to his dis-advantage after his appointment.
,
10. (1) The Vice-Chancellor of the University shall be appointed by the Pro-chaocenor from out of a panel of not less than three persons recommended:by a committee consisting of three persons of whom one shall be nominated by t8e Chancellor; one by the Pro- Chancellor and one by tile Academic Senate ofthe University. The Chancellor shall appoint one of the three persons to be Chairman of the Committee.
(2) The .comrnlnee shall forward the panel of names to the Pro- Chancejor together with a concise statement showing the aca- demic qualifications and other distinctions of each of the persons included in such panel but shall not indicate any order of preference.
(3) Where'a,vacancy in the office of the Vice-Chancellor occurs and it cannot be conveniently and exp.editously in accordance with the provisions of sub-sections (1) and (2) or if there is any emergency. the Pro-Chancellor may appoint any suitable person to be the Vice.-Chancellorand may, from time to time. extend the termot suchappcoirnent providedthe total term of such appoint- ment. including the term extended. shall not exceed one year. , •• ' ••• "':"'--._'-._.- __ 1
9
the Yicc-Chan- preside over the meetings of the Academic council. cellor. (2) Without prejudice tathe generality oUhe provisions contained in
. Sub- section (1), the Vice-Chancellor shall:
(a) exercise general supervision and control over the affairs of the University;
(b) . ensure the observance oithe provisionsottheAct and regulation of the University:
(c) be. responsible for imparting of instructions arcmalntenance of discipline in the University;
(d) create or abolish posts in cadres other than teaching cadres of the University and in respect of teaching cadre to create posts for a period not exceeding six months;
(e) in case of any emergency whic,h, in his opinion, requires imme- diate action, the Vice-Chancellor shall take such action as he deems necessary and shall,qt the ean.estopportcnhy thereafter, report the action taken to such aUthority or body as would in the ordinary course have dealt with the matter: .
Provided that if the action taken by the Vice Chancellor is not approved by the authority or body concerned, it may refer the matter to the Pro-Chancellor, whose decision shall be final.
Provided furtherthan if tlile decision taken by the authority or body on the report ofthe Vice-Chancellor under this Section anectsacversely any person in-the service of the University, he may prefer. an eppsal'to the Chancellor within thirty days from the date on which the decision was e6mmunicated to him and the decission ofthe Chancellor on such appeal shall be final.
(4) the Vice-Chancellor·shall exercise such other powers and perform such other duties as maybe assigned to him orby under this Act or, as may be delegated to him by the Governing Council orthe Pro-Chancellor, as the case may be. Registrar 12, (1) The Registrar shallbe a whole time officer of the University appointed, by the Vice-Chancellor with the approval of the Executive Committee from out of a panel of not less than three persons recommended by the Vice-Chancellorto the Executive Committee. If none in the panel is approved by the Executive Committee within the time prescribed by the regulations, Ine Pro-Chancellor; may in consul- tation with the Vice-Chancellor, appoint such person as he. deems fit to be the Registrar.
(2) The emoluments and terms and conditions of the service of the Re,gistrar shall be such as may be prescribed by the regulations.
(3) The Registrar shall be the ex-officio Secretary of the Executive Commit- tee, tile Academic Senate, nre Finance Committee and the faculties, but shall not be deemed to be amember of any of these aumonues.
(4) The Registrar Shall:-
(a) complywith all directions, and orders of the Executive Cornmltteaand the Pro-Chancellor: '
(b) bethe custodian of the records, common seal and such other property of the University as the Executive Committee shall commit to his charge:
(c}'- . issue all notices covening-meeting of the Executive Comrmttee, the- Academic Senate, the Finance .comittee, the faculties, the Board of Studies and of any committee, appointed by the aulborl-
10
r - - Authorities r.,j' .the University. The Officers of the University. The Governing 15. Council.
ties of the University;
(d) keep the minutes of all meetings of the Executive Committee, the Academic Senate, the Finance Committee, th&Aaculties and any committee appointed by the authorities of the Unlversity;
(e) Conduct the official correspondence of Executive Committee and the Academic Senate;
(f) supply the Chancellor the copies of the aqenda.o! the meetings of the authorities of the University as soon as they arelssued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meeting;
(g) call a meeting of the Executive Committee forth with in an emergency, when neither the Vice-Chancellor nor the Officer duly authorised is able to act and to take its cirections for carrying on the work of the University;
(11) be directly responsible to the Vice-Chancellor for the proper discharge of his duties and functions; awl
(i) perform such other duties as may be assigned, from time to time, by the Executive Committee orthe vice-Chaocellor.
(5) In the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Vice-Chancellor to authorise any officer in the service of the University to-excercise such powers, functions, and duties of the Registrar as, the Vice-Chancellor deems fit.
'13. The following shall be the authorities of the University;-
(1) The Governing Council.
(2) The Executive Committee.
(3) The Academic Senate.
(4) The Finance Committee
I
14. The following shall be the officers of the University,namely:-
(a) The Chancellor.
(b) The Pro-Chancellor.
(c) The Vice-Chancellor.
(d) The Registrar.
(e) The Dean of the Faculty of Health Sciences.
(I) The Dean oUhe Faculty of Technology.
(g) The Director.
(h) such other persons as may be prescribed to be the officers of the University.
The Governing Council shall be the supreme authority of the University.
11
Regulations. control and general regulation or and be responsible for the maintenance of standards of education, instruction and examination of the University and shall exercise such other powers and functions as maybe conferred or imposed upon it by this Act or their regulations. It shall have the right to advise the Executive Committee on all academic matters.
18. (1) Subject to the provisions of this Act, the .Executive Committee shall have, in addition to all other power vested in it,·the power to frame regulations to provide for the administration anQmanagement of the affairs of the University; Provided that the Executive .Committee shall not make any regulation affecting the status, power or the constitution of the University until such authority has been given an opportunity of expressi'ngan opinion inwriting,on the proposed changes, and any oplnlon.sp expressed shall be considered by the Executive Committee:
Provided further that except with.thp.~(iorconcurrence of the Pro-Cnan- cellar, Executive Committee shall not make and/orrepealany regulation affecting any or all oOha following matters, namely:- '
(a) The constitution, powers and duties of the Academic Senate and or the Pro-Chancellor;
(b) The authorities responsible for organising the teaching in con- nection witAthe courses of the University and relat8d academic programmes.
(c) The withdrawal of dE1'gr.ees,diplomas and certificates and other acadernicdistincti ons.
(d) The establishment anc.aoonuon of faculties, department halls and institutions.
(e) The institution of followship, scholarships, exhibitions, medals and prizes.
(f) ConpitioQsand modes of appointment of examiners or conduct or stancaro.ot.exarnlnatlon or any other course ot study.
(g) Mode ofenrolrnent of admission of students.
(2) The Academic Senate shall have the power to propose regulations on all matters speclfiedinclauses.te) to (g) of the above sub-section and on matters incidental and related thereto in this regard.
(3) Where the Executive Committee has rejected the draft of the regulation proposed by the Academic Senate, the,latter may appeal to the Pro-Chancellor and the Pro-Chancellor may, by order, direct that the proposed regulation may be laid before the next meeting,of the Governing Council for its approval and that pending such approval ofthe,Governing Council it shall have effect from such-date as may be spocllled in that order.
Provided that if the regulation is not approved by the Governing Council at such meeting, it shall cease to have effect.·
(4) All-regulations made by the Executive Committee shall be submitted, as soon as may.be, for approval to the Pro-Chancellor and to the Governing Council at its next m'eetingand the Governing Council shall hav.epower by a resolution passed by theMajority of notless than 213 of the members present, to cancel any regulation made by the Executive Committee:and such regulation shall. from the date of such resolution; cease to have effect~
12
Appointment of University Review Com- mittee.
Action not in- validated
merely on the ground of the defect in the constitution, vacancy etc. Removal of dif- ticults "J'~__yo Removal of
Doubts. 19 (1) The Chancellor shall at least once in every five years, constitute a committee to review the working of the University and to make recommendation.
(2) The Committee shall consist of not less than three eminent educationists, 'one of whom shall be the chairman of the committee appointed by the Chancellor in-consultaton with the State Government.
(3) The terms and conditions of the appointment of the members shall be such as the Chancellor any determine.
(4) The Committee shall, after h'olding such enquiry as it deems fit, make its recommendations to the Chancellor.
(5) The Chancellor may take such actions on the recommendations as he deems fit.
20. (1) Notwithstanding that the Governing Council, Executive Committee, Academic Senate or any other authority or body- of the University is. not duly constituted or there is a detect in its constitution or re-cc ls.itution:at anytime and notwithstanding that there is.a vacancy in the membership 9f such authority or body, no actor rule.or proceedings of such authority or body shall be invalidated on any such ground or grounds.
(2) No resolution of any authority of the University shall be deemed to be invalidated on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body were not pr.ejudically affected by such' irregularity.
21 ~ If any difficulties arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of the Act or the regulations, the Pro- Chancellor may, atany time, before allsuch a~thorities of the University have been constituted, by order, make anyappommeoror do anything consistent, so far as may be, with the provisions of the Act and the regulations, which appear to him necessary or expendient for the purpose of removing the difficulty,andevery such order shall have the effect as if such appointment or action had been made or taken in the manner provided in this Act and the regulations:
Provided that before making any such 'order, the Pro-Chancellor shall ascertain and consider the opinion of the Registrar of the University or such appropriate authority as he may deem fit and proper.
22. Forthe purpose of removal of doubts, itls hereby declared that nothing in this Act shall be construed as trar)sferring from-the Manipal Pal Foundation to the UniversitysLlch rights of ownership or possession, if any, possessed by the said Foundation oser or in respect of the Institutes established by it or its predecessor, 1\11•.•.••.• : ••• ,....1 C...I'lnrl.;"r""I f"'IIInrl ~~,,~i(v'd~r"'ln
13
TheAuthorilies and Officers of the University etc.
Indemnity, Power to amend the schedule.
24. The authorities of the University and the composition, powers, functions and other matters related to them ihe officers.of the University and their appoint-
. ment, powers, functions and other matters relating to them and all other matters relating to the functions, powers, teaching, administration and management of the affairs of the University shall, subject to.the provisions of this Act, be as specified in the Schedule or as maybe provided by the regulations.
25. No suit, prosecution or other legal proceedings shall lie against and no damages sllall Q~claimed from the University, the Pro-Chancellor, the authorities or the officers of the.University 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 any regulations made thereunder.
26.. (1) The Governing council may, with the previous approval of the Pro-Chancellor and the State Government, by no.illcation amend either prospec- tively or retrospectively the Schedule.
(2) A copy orme Notification made under sub-section (1) shall be laid before the Legislature as soonas may be, after it is made. The Act to have 27. The provisions ofthis Act and any requlallons made thereunder shall have overriding. effect notwithstanding anything incosistent therewith contained in any other law for the time being in force or in any other instrument having effect by virtue of any law other than this Act.
14
Definitions. Membership of the Governing Council.
Chairman, Vice-Chair- man and
Secretary. The term of of- fice of the members of the Governing
Council.
SCHEDULE
(See Section 2 (n) )
1. In this Schedule, unless the context otherwise requires,-
(a) 'Clause' means a clause of the Schedule;
(b) 'Teacher' includes Deans, Professors, Associated Professors, Assistant Professors, Readers, Lecturers and any other person imparting instructions in the University.
2. There shall be a Governing Council of the University, which shall consists of the following members, namely:-
(a) The Pro-Chancellor.
(b) The Vice-Chancellor.
(c) The Registrar. .(d) Two nominees of the Government of Sikkim.
(e) One nominee of the Manipal Pai Foundation
(f) The Dean of the Faculty of the .leal'h Sciences.
(g) The Dean of the Faculty of Technology.
(h) Two experts to be nominated by the Pro-Chancellor.
(i) Two Faculty members of the University nominated by the Pro- Chancellor from a panel of four nominees recommended by the Vice-Chancellor.
(j) Two Faculty members to be nominated by the Academic Senate. 3.· (1) The Pro-Chancellor shall be the Chairman of the Governing Council.
(2) The Vice-Chancellor shall be the Vice-Chairman of the Governing Council.
(3) The Registrar shall be the Secretary of Governing Council.
4. (1) The term of office of the Governing Council shall, subject to sub- clauses (2) and (3), be five years:
Provided that the term of office of the first Governing Council will expire on constitution of the regular Governing Council under the provisions of the Schedule.
(2) Where a member of the Governing Council has become such memberby reason of the office or appointment he holds, or is 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.
(3) A member of the Governing 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 Registrar, accepts a full time appointment in the Unversity or if he fails to attend three r ,I _ '-"'1. _ ' .. ._
15
Powers and Functions of the Govering Council.
Me=t'ngsof the Governing
Council.
5. (1) The Governing Council shall have all the powers necessary for·the administration and management of the University or for conducting its affairs, including power to review the action of the Executive Committee, the Academic Senate, the Finance Committee and all other committees and the power to review the regulations made by the Executive Comrn'tteeand shall exercise the powers of the University not other wise provided in this Act.
(2) Without prejudice to the general.ity of the powers conferred by sub- clause (1), the Governing Council shall,-
(a) recommend the broad policies and programmes of the University and suggGst measures for the improvementand development of the University;
Consider and pass the resolution on the annual report, the financial estimate and the audit report on such accounts:
Perform such other functions as it may deem necessary in tile proper functioning and adminic:;tr1tion .of the Ur,liversity.
(3) Without prejudice to the gellera;ity of the powers conferred by sub- clauses (1) and (2), the Governing Council shall preform the following functions, namely:-
(a)
(b)
(b)
(c)
(c)
Take steps for-achieving the objectives of the University; hold control and administer the-property and funds of the Univer- sity;
Acquire and'holo any movable or immovable property on behalf of the University; ,
administer anyfunds pJaced at the disposal of the University for specific purposes;
manage and regulate the finances, accounts, investments, prop- erty, business and all other administrative affairs of the Institute and for that:purpose appoint such agent as it may think fit; Invest the money belonging to the University (including any income from trust and endowed property) in such stocks, funds, shares or securitas as it may, from time to time, think fit and appropriate; ,
enter into, vary; carry out and cancel contracts on behalf of the University;
regulate and determine all other matters concerning the Uolver- si~yin accordance with the provisions of the Act and the rules and regulations made thereunder:
delegate any of its powers toacommhtae or th(3.Vice-Chancellor or to any Officer of the. University; and
co-operate with the other Institutions and Univ~~sities and other authorities in such manner and for such purpose as it may be determined.
(d)
(e)
(f)
(g)
(h)
(i)
6. (1) The Governing Council:shall.meetat least once in a year. Annual meeting of .the Governing Council shall b. ~eld on a date to be fixed by the Executive Committee., unless some other cats-has beenfixed by the Governing Council in respect o(any}ear.
(2) The Chairman shall preside over the meetings of the Governing Council and in his absence the vlce-charmen shall preside over the meeting and in me absence ofboth ofthem, the Registrar shall preside.
16
lV1embers hip of the Executive Committee. The terms .0J r ..1. _
Provided th~t ihe Chancellor may attend the. meeting of the Governing Council and if-:he:so ansncs 11meeting, he shall preside over the same. (3)Ar'~portbf the working Of the University during the previous year, togetrrer witha statementof receipt and expenditure, the balance sheet asaudited andthe finarCitil statement shall be presented by the Registrar to the Govern,ing Council at its annual {neeting. .
(4) The meeting ofthe Governing Council shall be called by the Chairman, or in his absence by the Registrar' either inhis own er atthe request of not less than five members.ot the Qoverning Council.
(5) FOr every meeting of the Governing Council fifteen cays notice shalJ be , . I '
given.
(6) Two"tliirds of the Members of the, Governing Council shall, form the quorum.
(7) Each.mamber.snall have one vote.anc if there being equality of vote -on any questionto be/determined by the Governing Cnu:lcil, the Chairman or the person presidinq.over the:meeting, shall, in cidditiolt, have a casting vote.
(8) lnfhe caS,e of piffere~ce of opinion among the members, the oplnion of the majority~.shall prevail.
(9), If'urgent,action py the Governing Council becomes necessary, the Chairman maypermltfhebusiress to be nansactec by the circulation of papers to the members oltne Governing Council. The action proposed to be taken shalL not be takenuolese ~gr~ed to ~y;amajohty ofthemembers of the Governing Council. The action so taken sliall be forth with intimated to atthe members oHhe Governing Council and th,e papers shallbe RJace:poetoremenext meeting of the"Governing Council for confirmation.
7. {1} The Executive: Committee shall consist-of thefp!lowing-members, namely,
(a) Tl;le Pro-Cbancellor.
(b) The.Vice-Ohencellor. (c)'The Registrar;
(d) Two nominees of the Government.of Sikkim. , '. ! :: ~. ..
(e) The Dean of the faculty :of HealihSclences,
(f) The Dean/of the faCUlty ofTechnolbgy.
(g) The Finance Officer,
(h) A nomine.ot the Manipal Pal Foundation.
(2) The Pro-chancellor shall be the chairman of the Executive Committee.
8. (1) YVhere a person has become ~ member of the Executive,CQuncl! by .~~~~'""f +h" "Hi"", r,; !>nMintmAnt hA hnlrl~ hlsmsmbershin shall terminate when
17
Powers and Functions of the Executive Committee. Committee other than the ex-officio members shall relinguish membership on the expiry of the three years from the date on which he has become member of the Executive Committee but shall be eligible for re-nomination or re-appointment, as the case may be:
Provided that the term of the first Executive Committee shall be five years.
(4) The member of the Executive Committee other than the ex-officio members may resign his office by a letter addressed to the Chairman of the Executive committee and such resignation shall take effect as soon as it has been accepted by the Chairman of the Executive Committee.
9. Without prejudice to cause 5 the Executive Committee shall have the following powers and function, namely :-
(1) to appoint, from time to time, the Registrar, the Director, the Librarian, the Professor, Readers, Associated Professors, Assistant Professors and other members of teaching staff, as may be necessary :
(2) to appoint, from time to time, such Ilumber of other officers, employees and on such terms and conditions as it may deem fit for carrying out the management and affairs of the University;
(3) to create administrative, ministerial and other necessary post, and to determine the emoluments of such positions, to specify minimum qualifications for appointment to such posts subject to such law, as may be applicable, and for the time being in force, ·and to appoint persons to such posts on such terms and condtions of services as may be prescribed by the regulations made in this behalt, after delegating the powers of appointment to such authority or authorities or office or officers as the Executive committee may, from time to time, by resolution, generally or specifically, direct;
(4) to excercise, control and discipline over the employees of the Univer- sity;
(5) to accept on behalf of the University, endowment, bequests, donations, grants and transfers of any immovable property;
(6) to receive money, securities, instruments or any other movable prop- erties for and on behalt of the University;
(7) to grant receipts, sign and execute instruments and endorsements, discount cheques crolher negotiable'instruments through its accredited agencies;
(8) to mako, sign and account of such ..documents and instruments as may be necessary or proper for carrying out the management of the property or affairs of the University;
(9) to introduce courses of study at the University and to take decision on the recommendations of the Academic Senate;
(10) to co-operate and co-opt witll other educational and medical institu- tions and authorities in India and abroad;
(11) to create fellowships and scholarships or other assistance on such ' terms and condilions.as it may prescribe, to such person as it may select to carry out research, investigation or study;
(12) to propose regulations for consideration and adoption of the Govern- ing Council;
, (13) to grant in accordance with the regulations leave of absence other than casual leave to.any officer of the University and to make necessary arranoe- ments for the discharge of the functions of such officer during his absence;
(14) to manage and regulate finances, accounts, investments, property, '0
18
Meeting of the Executive
Committee. business and all other administrative affairs of the school and for tha; purpose to appoint such agents, as it may think fit;
(15) to invest any money belonging to the University, Including any unap- plied income, in such stock, funds, shares or securituies, as it may from time to time, think fit or in the purchase of immovable property in India, with the like power of varying such investiments form time to time;
(16) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(17) to enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers, as it may think fit;
(18) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(19) to entertain, adjudicate upon,' and if it thinks fit, to redress any grievances of the offficers of the University, the teachers, the students and the University employees, who may, for any reason, feel aggrhv Jd, otherwise than by an act of a Court.
(20) to appoint examiners and moderators, and if necessary to remove them and to fix their fees,emoluments and traveling and other alowances, after consulting with 'the Academic Senate;
(21) to select a common seal for the University and to provide for the custody of the seal; and
(22) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.
10. (1) The Executive Committee shall meetat least once in three months and not less than 15 days notice shall be given for such meeting.
(2) Four members of the Executive Committee shall constitute a quorum for any meeting thereof.
(3) In case of difference of opinion amongthe members, the opinion of the majority shall prevail.
(4) Each member of the Executive Committee shall have one vote if ihere shall be equality of votes on any question to be determined by the Executive Committee, the Chairman of the Executive Committee or the person presiding over the meeting, shall, in addition, have a casting vote.
(5) Every meeting of the Executive Committee shall be presided over by the Chairman and in his absence by a member chosen by the members present to preside on the occasion.
(6) If urgent action by tho Executive Committee becomes necessary, the Pro-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Committee.
(7) Tlip. action nr()f)()c:;pritn hiJ t~kiJn r.::h~1In(\t ho Nl t'=llion IlnloN' ,),.,t'f\fV~
19
Constitution of CJ standing Committee and appointment of to by the majority of the membersof the Executive Cornmluee. The action so taken shall be forthwith intimated to all the members of the Executive Committee and the papers shall be placed before the next meeting of the Executive Committee for confi rmation.
'11. (1) Subject to the provisions of this Act and the regulations made in this behalf, the Executive Committee may, by resolution, constitute such standing cornm idee or appoint Ad-hoc Committees for such purposes and with such powers .?S the Executive Committee may think fit for exercising any power for discharging
19
Ad-hoc Com- mittee by the Executive Committee. Delegation of powers by the Ex e cut i; V e Committee.
Membership of the Academic Senate.
Powers and duties. of the Academic Sen- ate.
any function oHhe university or-for enquiring, into, reporting or advising upon any matter relating to the Institute. . .
(2) The Exec;utiveCommittee may C070ptsuch person to the Standing Commlttee or'Ad-hocCommittee as ltconslcer suitable and permit memto attend the meeting of the EX,ecutiveCommittee.
12. Executive,Committee may, by resolution, delegate to the Registrar or.to a committee such otlts powers as it may deem fit subject to the condition thaUhe action taken by the, Registrar or such committee in the exercise of powers, so delegated shall be reported at the next meeting of the Executive, Committee.
13. (1) The Acadernlc Senate shah-onslstot the following persons.narnely-
(a) Vice~Chancellor- Ohalrmaa. (.,
(b) Registrar ,-Secretary.
(c) Dea~s of the Faculties.
(d) Fou~professorsjrom;the tacuhy members nominated by the Vice- 'I \ \ .
Chancefor.
(e) One'nominse of Pro"Chancelior. (0 Four.external experts nominated:by the Pro-Chancellor.
(2) The term ofoffice of thememb-ers'other than ex-officio members shall be three.years.. ~
Provided tha~the,terms of the first Academic Senate shall be five years.
14. Subject to the provisions of this Act and the regulations, the Academic Senate shall, iQadditi9ntq ail other powers vested in it, have the following powers, namely:-
(1) to report onany matter referred ordelegated to it by the Governing Council or the'Executive Committee;
" l' .
(2) , to make. recommendations to the Executive Comrnittee with regard to thecreation;,abolition or ctassllcatcno! teaching posts in th6 University and the emoluments and .the duties attached thereto;
~,I' .' .
(3) (..to formulate,and modify or revise schemes for the orqanlsailon of, the faculties,?,-nd toasslqn t9 such faculties their respective subjects and also to. report to:t~eExecutixe Commhtee as to the"ixpediency of the abolition or sub- division of any:faculty or the combination of one facuhy with another.
(4) .,' to make arrangements thrOl)gh regulations for theinstn:~ciionand
21
Procedure of the Meetings of the Academic Senate.
Finance Corn- mittce.
(11) to,make arrancements.tor the concuct of examinations and to fix dates for holding them; , , '
(12) to declare the result ctthe various examinations, or to appoint committees or officers to do so, and to make, recommendations regarding the conferment orgrant of degrees, honouss, diplomas, licenses, titles and marks of honour; ,
(13) to award stipends, scholarships, medals and prizes and to make other awards in accordance with tile regulations and such other conditions as may be attached to the awards;
(14) to publish lists of prescribed or recommended text-books and to publish syllabus of the prescrbsd courses of study; , (15) to prepare such forms, and registers as are, from time to time, prescribed by regulations; and
(16) to.perform, in relation to academic matters, all such d,uties'and to do all such acts as,may be necessary ior.fhs proper carrvirgout of:th~ provisions of this Act andtheregulations.' . ,
15. (1) , The Academic Senate shallrnset as often asrnay be necessary, but not less then two times during an acadernlc'year. . '-
(2) One half of the total number of members of the Academic Senate shalrtorrn quorum for. meeting of the Academic:Senate. ,
(3) In case of difference o(opinion'among the members, the opinion of the majority.shall prevail.
(4) Each member of the Academic Senate, including the Chairman of the Academic Senate shall have one vote and if there shaJl be an equality of votes on any question to be determined by ele Academic Senate, the Chairman of the Academic Sen?te or, as the case may be, the member presiding over th,emeeting, shall, in addition; have a casting vote.
(5) Every meeting of the AcademicSenate shall be.presided over by the Chairman of the-Acaoemlc Senate' and in his absence, by a member chosen by the meeting to preside on the occasion.
(6) ILurgant action by the Acadern ic Senate becomes necessary, the Chairman of the. Acacernlc Senate may. permit the business to be transacted by circulation of papers to the members of the Academic Senate. The action proposed to be taken shall not be taken unless agreed to. by a majority of members ot the Academic Senate. The action so taken shall be forthwith intimated. to all the members of the Academic Senate. The papers shall be placed before thenext meeting of the Academic Senate for confirmation.
16 (1) There shall be a Finance Committee constituted byths Academic Senate consisting of the following, namely:-
(a) The Pro- Chancellor.
(b) The Vice-Chancellor.
(c) The Finance Officer.
(d) A nominee of the State.Government of Sikkim.
(e) Two nominees of the Governing Council.
'" 1"'\.- _ . :_""_ ••••l "l...." D •.", f'hnnf'"11,,,"
22
(3) the functions and duties of the Finance Committee shall be as follows:-
(0) to examine and scrutinise the annual budget of the University and to make recommendation on financial matters to the Executive Committee.
(b) to consider all proposals for new expenditure and to make recom- mendations to the Executive Committee.
(c) to exarnlne the annual accounts of the University and advice the E),ecutive Committee thereon.
(d) to examine the annual budget estimate and advice the Executive Committee thereon.
(e) to review tile financial position of the University from time to time.
(f) to make recommendations t the Executive Committee on all financial matters relating to .he University, and
(g) to make recommendations to the Executive Committee on all pro posals involving the raising otfu.ios, receipts and expenditure.
(4) The Finance Committee shall meet at least twice in every year. Three members of the Finance Committee shall form the quorum.
(5) The Pro-Chancellor shall preside over the meeting of the Finance Committee and "in his absence, the Vice-Chancellor shall preside.
(6) In the case of difference of opinion among the members, the opinion of the majority of the members present shall prevail. Director. 17. (1) The Director of the Institute shall be appointed by Manipal Pai Foundation in accordance with the rules made by it in this behalf.
(2) The Director shall be an academic person possessing such quali-
" fications as may be prescribed by the rules or regulations of the Medical Council of India.
(3) The Director shall be a whole time officer of the Institute and shall exercise powers of management and administration of the Institute. Heads of De- 18 (1) There shall be a head of the department for each of the depart- partments. ment in the University.
(2) The powers, functions, appointments and t~e conditions of serv- ice of the heads of the department shall be as prescribed by regulations. B o ar ds of' 19.
(1)
There shall be a Board of studies for each faculty in the University.
Provident Fund, Gratuity, Pension and any ocherbene- fit Scheme. prescribed by the regulations.
21. All the permanent employees of the University shall be entitled to the benefit of the provident fund and gratuity in accordance with such regulations as may be framed in that behalf by the Executive Committee. Fuuds of the 22. (1) There shall be a fund for the University which shall include;- University, (a) any contribution or grant made by the Manipal Pai Foundation, Manipal Dakshna Kannada, Karnataka;
(b) any contribution or grant made by the State Government of Sikkim;
(c) any contribution or grant made by the University Grants Commis- sions or Central Government;
(d) any contribution or grant made by the Medical Council of India:
(e) any bequests, donations, endowments or other grants made by the private individuals or institutions;
(f) income received by the University from fees and charges; and
(9) amounts received from any other sources.
(2) Tile amount in the sai~ fund shall be.kept in a Scheduled Bank as defined by theReserve Bank of India Act, 1934 or in the corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertak- ings) Act, 1980 or may be invested in such securities authorised by the Indian Trusts Act, 1882, as may be decided by the Governing Council.
(3) Tile fund may be operated for such purposes of University and in such manner as may be prescribed by regulations. Annual Ac-
counts and
A udit.
23. (1) The Annual Accounts of the University shall be prepared under the directions of the Executive Committee.
(2) The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Committee. Provided that the State Governmentshall have power to direct, whenever considered necessary, an audit of the account of the University, including the institutions managed by it, by such auditors, as it may specify.
(3) The accounts when audited shall be published by the Executive Committee and a copy of the accounts together· with the audit report shall be placed before the Governing Council and also shall be submitted to the State Government.
(4) The Annual Accounts shall be considered by the Governing Council at its annual meeting. The Governing Council may pass resolutions with reference thereto and communicate the same to the Executive Committee. The Executive Committee shall consider the suggestions made by the Governing Council and take such action thereon as it thinks fit. The Executive Committee shall inform the Governing Council at its next meeting all actions taken by it or the reasons for not taking action.
24
Annual Report. Execution of - Contracts. Eligibility for Admission of Students. Residence of Students. H ° n.o r a r y Degrees.
(2) The Executive Committee may, in case where the expenditure in excess of the amount provided in the budgets is to be incurred or in cases of urgency, for reasons to berecorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations. Where. no provision has been made in the budget in respect of such excess exp.enditure a report shall be made to the Governing Council at its next meeting.
25. (i) The Executive Committee shall prepare the annual report con- taining such particulars as the Governing Council may specify, covering each financial year and submit it to the Governing Council 0(1 or before such date as may be prescribed by the regulations. The Governing Council may pass resolu- tions thereon and the Executive Committeeshall take action inaccorciance there- wllh, The action taken shall be intimated te,the Governin~ Council,
(2) Copies of the annual report along with the resoJution of the Governing Council thereonshalfbe submitted to thr State GovernlTl~nt. The State Govern- mentshalilay thesame before the State Legislature at their nextearliest session.
26. All connactsrelatru tothe Nlanagementand administration of tile Univer- sityshall be expressed to have been made by the Executive Committee, and shall be ex-ecutedby Vlce-Chancellorwhen the value of the contract ls above ten lakbs of rupees and by;theRegistrar~when its value does not exceed ten lakhs of rupees. 27.(1) 'Nostudent shall be eligible for admission tOq,GpUfSBof study for a.deqree or diploma, unless he possesses .such qualifications as may be pre- scribed by the regulations; ,
(2) The University shall give preference to locaLpeople of the State while-granting admission to the Institutions under it.
28. Every student.ot the University shall reside in a hQs.t~1maintained or recognised by the·JJniversityor under such.concinons as maybe prescribedby the regulations.
29. If not less ,than two~thirds .otne member of" 111,9 Academic Senate, recommend thatanhonorary degre.eor academic distinctio(l baconlerreo on any person an the gr.oundthat he is in their opinion by reason qf eminent-attainment :::lnrl nrrsition. fitand orocer to receive such degree or academe distinction, ·the
25
Discipline. Sponsored Schemes.
(3) A copy of the resolution passed by theGoverning Council shall b immediately sent to the person concerned.
(4) Any person ,aggrieved by the decision taken by t,heGoverning Council may appeal to the Chancellor within thirty days from the date of tne receipt of such resolution.
(5) The.deelsicn of the Chancellor-in such appeal shall be final.
31. (1) The final authority responsible for maintenance of disCipline among the students of the University shall be the Vice-Chancellor. 'His directions in that behalf shall be carried out by the Heads 0 the ~niversity, hostels and Institutions.
(2) Notwithstanding anything contained insub-clause (1), thepunish- ment of debarrinqa student fromthe examination or restricilon from.theUniversity or a hostel or an institution, shall en the report of the Vice-Chancellor be considered and imposed by the:Executive Committee:
Provided that no such punishment shall b!1im",osedwithout giVing to the student concerned a reso.nable.opportunity to-show cause against the action proposed to be taken against him.
32. Whenever the University receives funds from any Government, the University Grants Commission-or other agencies sponsoring a scheme to be executed by the University.noiwijhstandln; anything in this Act and Regulations:-
(a) the amount received shall be kept by the University separately fromfhe University Fund and utilised only for the purpose' of the scheme; and
(b)thG staff required to execute the scheme shall be recruited in ac- cordancewith the termsand conditions stipulated by the sponsor-
" ingorganisation. By Order of the Governor, B. R. Pradhan
Secretary to the Government of Sikkim, Law Department
26
SIKKIM
GOVERN'MENT
GAZETTE ,J
EX'TRAO RDINARY PUBLISHED BY AutHORITY t'J
No 78Gangtok Thursday, 15th May, 1997 ----------------.-------
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK.
No.8/LD/97 Dated: the 13th May, 1997.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 24th day of April, 1997 is hereby published for general information i- THE SIKKIM-MANIPAL UNIVERSiTY OF HEALTH, MEDICAL
AND TECHNOLOGICAL SCIENCES (AMENDMENT) ACT, 1997
( ACT NO. 8 OF 1997 )
AN
ACT
Amendment of section [0. to amend the Sikklm-Manipal University of Health Medical and Technological Sciences Act, 1995.
Be it enacted by the Legislature of Sikktrn in the Forty-eighth Year of the Republic of India as fo llows i-
1. (I) This Act may be called the Sik kim- ~'kmipaI University of Health, Medical and Technological Sciences (Amendment) Act, 1997.
(2) It shall be deemed to have come into force on the 8th clay or january, 1997. 2, In section 5 of the Sikkim-Manipal Universitv of Health, Medical and 9 of 19.95 Technological Sciences !\ct, 1995 (hereinafter referred to as the
"principal Act".-
(i) in clause (a), for the words "education and instruct ions", the words "education ,rl1(l instructions, within the State of Sikk lru' shall be substituted; (i i) in clause (w), 1'0. the wonts "or elsewhere, within the State of Sikkirn " shall be substituted.
In section 10 of the principal Act, for sub-section (I), the following sub-section shall be substituted, namelv i-
"(!) The Vice-Chancellor of the Universiry shall he appointed by the Pro-Chancellor [rum out ,)f' a pa;~d of not Jess than four pt~rsons recommended :w a Commit tee c:onsistin:,: of io ur IXl"SOl1S of whom ll;le sh"ll be i1om;'\.lted by the Chancellor, o.rc hy the Pro- Ch.mce lio r , one by the Academic Senate 01" the Unrversit v an, 1 one bv I.h(;Unive, sit? Gra.tts Commission.
3.
Short title and commencement. Amendment
of section 5.
27
Insertion of new 4. section ~~.
Power of
Government to
issue directions. Repeal and Saving. ~.
. :'
2
Section 23 to 27 of the principal Act shaH be renumbered as sections 24- to 28 respectivelv and before section 240 as so renumbered, the following section shall be inserted namelvi-
"23. Nothing contained in section .\ shall prevent the Government from issuing such directions, consistent with the laws in force in Sikkirn, .1:1 are 'considered necessary in matters relating to highet education inclurling the fees structure and the University shall comply with such directions."
(I) The Sikkim-Manipal Universitv of Health, Medical and Technological Sciences (Amendment) Ordinance, 1997 (Ordinance No. I of 1997), is hereby repealed.
(2) Not,,,ithstanding such repeal, anything done or any action taken under the Ordinance s') repealed shall be deemed tv have been clone or taken under the corresponding provisions of this Act.
By Order of the Governor,
B.R. PRADHAN,
Secretary to the Govt. of Sikkim, Law Department.
( FileNo. 16(289)LD/95-97 ) Printed at the Sikkim Government Press, Gangtok. .
28
SIKKIM
GOVERNMENT
GAZETTE
- .
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 17th April, 2006 No. 107
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
No. 29/LD/2006 Date: 03.04.2006.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received assent of the Governor on 24.03.2006 is published for general information:-
THE SIKKIM MANIPAl UNIVERSITY OF HEALTH, MEDICAL AND
TECHNOLOGICAL SCIENCES (AMENDMENT) ACT 2006.
ACT NO.6 Of 2006
AN
ACT
further to amend the Sikkim Manipal University of Health, Medical and Technological Sciences Act, 1995. Be it enacted by the Legislature of Sikkim in the Fifty-seventh year of the Republic of India as follows:
Short title and 1 (1) This Act may be called the Sikkim Manipal University of Health, Medical commencement and Technological Sciences (Amendment) Act, 2006.
(2) It shall come into force at once. Amendment of
Section 5
2. In the Sikkim Manipal University of Health, Medical and Technological Sciences Act, 2005, in Section 5, -
(i) in clause (a), the following proviso shall be added, namely :-
"Provided that the University may offer its academic programmes through Distance Education mode and for this purpose establish and collaborate with resource centers in various parts of the country and abroad" ;
(ii) in clause (w), the following proviso shall be added, namely :-
"Provided that the University for the purpose of offering its academic programmes through Distance Education mode, may establish and maintain Study Centers/ Learning Centers in various parts of the country and abroad".
By Order ..
R.K. Purkayastha(SSJS)
Legal Remembrancer- Cum- Secretary
Law Department
File no. 16/82/LD/06
S.G.P.G - 117/Gazette/ 150 Nos/Dt:« 19.4.2006.
29
SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
. PUBLISHED BY AUTHORITY
Gangtok Thursday 8th April, 2010 No. 136
LAW DEPARTMENT
GOVERNMENT OF SIKKIM
GANGTOK
"~.
NO. 13/LD/P/201 0 Date: 08/04/2010
NOTIFICATION
,
The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 22nd
day of January, 2010 is hereby published for general information:
THE SIKKIM MANIPAL UNIVERSITY OF HEALTH MEDICAL AND TECHNOLOGICAL
SCIENCE (AMENDMENT) ACT, 2009
ACT NO. 13 OF 2009.
AN
ACT
further to amend the Sikkim Manipal University of Health, Medical and Technological Sciences Act,
1995.
Be it enacted by the Legislature of Sikkim in the Sixtieth year of the Republic of India as follows:
Short title and commencement
1. (1 )This Act may be called the Sikkim Manipal University of Health, Medical and Technological Sciences (Amendment) Act, 2009.
(2) It shall come into force at once.
Amendment of long Title
2. In the Sikkim Manipal University of Health, Medical and Technological Sciences Act, 1995 (9 of 1995) (hereinafter referred to as the "said Act"), in the long title, the words "of Health, Medical and Technological Sciences" shall be omitted.
Amendment of preamble
3. In the said Act, in the preamble, for the words "Sikkim Manipal University of Health, Medical and Technological Sciences", wherever they occur, the words "Sikkim Manipal University" shall be substituted.
Amendment ot
Section 1
4. In the said Act, in SUb-section (1) of section 1, the words "of Health, Medical and Technological Sciences" shall omitted.
30
Amendment of
5,
Section 2
Amendment of 6,
Section 3 Amendment of 7,
Section 4 Amendment of section 5 Amendment of clause9
": :
,', , j~ :
In the said Act, in clause 9b)of section 2, the words "of Health, Medical and Technological Sciences" shall be omitted, In the said Act, in sub-section (1) of section 3, the words "of Health, Medical and Technological Sciences" shall be omitted, In said Act, in section 4, after clause (f), the following clause shall be inserted, namely:-
"(g) to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and to make special provision for integrated course in humanities and sciences in the educational programmes and to make appropriate measures for promoting interdisciplinary studies and research in the Unlverslty." ','
8, In the said Act, in section 5, in clause (i) ,-
(1) for the words "postgraduate and post-doctoral" the words "post- graduate, doctoral and post-doctoral" shall be substituted;
(2) after the words "technological sciences" the words "as' also in Basic and Appfied Sciences, Fine Arts, Humanities, Social Sciences, Management and Commerce, Education, Law, Liberal Arts and Vocational SCiences in both campus and Distance Mode through resource centre in various parts of the country and abroad" shall be inserted,
9, In the said Act, in sub-section (3) of section 9, for the figure "65," the figure "70" shall be substituted,'
R.K. PURKAYASTHA (SSJ:S)
LR-cum-Sec:retary " Law and Parliamentary Affairs Department Government of Slk1dm. '
.' File No. 16 (82'1 LD/P/2010 S.G.P.G. -136/Gazette/100 Cps./OB.04.2010
31
SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Thursday 20th
April, 2017 No.136
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No. 6/LD/17 Dated: 19 April, 2017
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 22nd
day of March, 2017 is hereby published for general information:-
THE SIKKIM MANIPAL UNIVERSITY OF HEALTH, MEDICAL AND TECHNOLOGICAL
SCIENCES (AMENDMENT) ACT, 2017
(ACT NO.6 OF 2017)
AN
ACT
further to amend the Sikkim Manipal University of Health, Medical and Technological Sciences Act, 1995
Be it enacted by the Legislature of Sikkim on the Sixty-eighth Year of the Republic of India as follows:-
Short title and commencement 1. (1) This Act may be called the Sikkim Manipal University of Health, Medical and Technological Sciences
(Amendment) Act, 2017.
(2) It shall come into force at once.
2. In the Sikkim Manipal University of Health, Medical and Technological Sciences Act, 1995 in section 5,
Amendment of Section 5
(i) proviso to clause (a) after the words "D istance Education mode" the words, "approved by UGC/erstwhile DEe", shall be inserted
(ii) in proviso to clause (w) for the words "in various parts of the country and abroad" the words "anywhere in the State of Sikkim" shall be substitute.
Jagat B. Rai (SSJS) L.R-cum-Secretary, Law Department.
S.G.P.G. - 136/ Com. 2/Gazette /100 Nos.! Dt:- 20.04.2017. THE SUBSEQUENT AMENDMENTS TO THE SIKKIM-MINIPAL UNIVERSITY OF HEALTH, MEDICAL AND TECHNOLOGICAL SCIENCES ACT, 1995 (ACT NO. 9 OF 1995)
AMENDED AND UPDATED UPTO APRIL, 2017
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