Sikkim act 013 of 2021 : The SIKKIM INTERNATIONAL UNIVERSITY ACT, 2021

GOVERNMENT

SIKKIM

EXTRAORDINARY

PUBLISHED BY AUTHORITY

GAZETTE

Gangtok Tuesday 29th June, 2021 No.157

GOVERNMENT OF SIKKIM

LAW & PARLIAMENTARY AFFAIRS DEPARTMENT

GANGTO K

No. 15{L&PAD|2O21

Dated: 28.06.2021

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 18th day of June,2021 is hereby published for general information:-

rHE SIKKIM INTERNATIONAL UNIVERSITY ACT, 2021

(ACT No. 13 OF 2021)

ACT

to establish and incorporate a self-financing Private University under the name of "Sikkim lnternational University" in the State of Sikkim sponsored by the Research and Gyan for Noble Upliftment Trust with emphasis on providing high quality education supplemented with industrial internship and professional training, relevant education in the area of Engineering, Physical Sciences, Life Sciences, Technology, Medical Science and Paramedical Science, Management, Technical, Finance and Accounting, Commerce, Humanities, Languages and Communication, Applied and Performing Arts, Education, Law, Social Science, Agriculture, Veterinary and related areas through regular, external, part time, online and distance education mode and to provide for matters connected therewith or incidental thereto. Be it enacted by the

lndia as follows:-

Short title and 1.⁽¹⁾

commencement

Legislature of Sikkim in the Seventy-second Year of the Republic of This Act may be called "The Sikkim lnternational University Act,

2021."

(2) lt shall extend to the whole of Sikkim.

(3) lt shall come into force on such date as the State Government may, by notification in the Official'Gazette, appoint.

Definitions

2. ln this Act, unless the context otherwise requires,

"Academic Council" means the Academic Council of the University ;

"Acf' means the Sikkim lnternational University Act, 2021 ;

"Affiliated colleges' means a college of an lnstitution affiliated to the University ;

"Annual report" means the annual report of the University as prepared under the Act ;

"Authorities' means the authorities constituted under Section 18;

"Board of Governors" means the Board of Governors of the University ;

(n "Board of Management" means the Board of Management of the University ;

(8) "Chancellor" means the Chancellor of the University appointed under this Act ;

(9) "Community College" means an institute established by the University for the purpose of an alternative systern of education which aims to empower individuals through appropriate skill development leading to gainful employment ;

(10) "Constituent College" means a College or an lnstitution established and managed by the University ;

(11) "Distance Education System" means the system of imparting education through all mode of education such as lnformation Technology, Communication and other media such as Multimedia, Broadcasting, Telecasting, Online over Continental lnternational, other interactive methods, email, internet, computer, interactive talk by e-Learning, correspondence course, seminar, contact program or a combination of any two or more of such means, through any mode of technology assisted learning for academic, research and training in any field under blended learning pattern etc. ;

(12) "Educational Trust" means Research and Gyan for Noble Upliftment Trust ;

(13) "Employee" means employee appointed by the University and includes teacher and other staff of the University or of a constituent college and Study Center ;

(14) "Endowment fund" means the fund created by the University;

(15) "External Student" means students studying regular program but due to lack of financial resources or non-availability of time, accommodation or for any other reason unable to attend full-time course or staying at remote places far away from the University, Constituent college, and its affiliated colleges ;

(16) "Faculty" means Faculty of the University or of a constituent College and study Centres;

(1)

(2)

(3)

(5)

(6)

(4)

(17) "Fund" means the fund of the University ;

(18) "lndustry Based Learning Program (IBLP)" means program offered by the University in collaboration with the industry ;

(19) "lnformation and Counseling Centre" means centre established or recognized by the University for the purpose of advising, counseling or for rendering any other academic or counseling or placement servtces ;

(20) "notification" means notification published in the Official Gazette ;

(21) "Official Gazette" means the Gazette of Sikkim ;

(22) "Officer" means Officer of the University ;

(23) "Off-campus Centre" means a centre of the University established by it outside the main campus operated and maintained as its constituent unit, having the University's complement facilities, faculty and staff within the state or outside the state ;

(24) "Off-Shore Carnpus" means a campus of the private University established by it outside the country, operated and maintained as its constituent unit, having the University's complement of facilities, faculty and statf ;

(25) "Online Education" means offering regular courses to external students through Online over internet portal, other interactive methods, email, computer, interactive talk-back, e-learning, etc.;

(26) "prescribed" means prescribed by the rules, regulations or statutes under the Act ;

(27) "Principal" in relation to a constituent College, means the Head of the constituent college and includes, where there is no Principal, the vice Principal or any other person for the time being appointed to act as Principal ;

(28) "Pro-chancellor" means Pro-chancellor of the University; (29'l "Pro-Vice-Chancellor'' means Pro-Vice-Chancellor of the University;

(30) "Public Private Partnership (PPP)" means the programs run under public private partnership (PPP) with the Government and semi- Government Organization ;

(31) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of students and for rendering any other assistance including training, conducting contact classes and administering examinations required by the students and for performing such other function as may be conferred on such centre by the Board of Management;

(32) "Registrar" means Registrar of the University appointed under the Act ;

(33) "Regulation and Statutes" means the regulation and statues of the University ;

Establishment 3.(1) of the University (2\

(34) "Schedule" means the schedule appended to this Act ;

(35) "Sponsoring Body" means Research and Gyan for Noble Upliftment Trust;

(36) "State Government' means the State Government of Sikkim;

(37) "Teacher" means a Professor, Associate Professor , Assistant Professor, and Lecturer or such other person as may be appointed or visiting for imparting education or conducting research in the Universlty or in the constituent College or institution and includes the Principal of a constituent College of lnstitution, in conformity with the norms prescribed by the Board of Management;

(38) "On-demand Examination" means examination taken by the University in online or offline mode in and outside campus of the University as and when the student is ready for it ;

(39) "Training Centre" means a centre established and maintained by the University for the purpose of advising, counseling or for rendering any other a*sistance required by the students used in the context of distance, online and external education ;

(40) "University" means The Sikkim lnternational University established under this Act ;

(41) "Vice-Chancellor'' means Vice-Chancellor of the University. There shall be established a University in the name of "The Sikkim lnternational University".

The headquarters of the University shall be at Sikkim. The main campus of the University shall be opened at Sikkim and other campuses at any other place in and outside the country and it may have Regional Centres, Study Centres, lnformation Centres, Community College and Counseling Centres subject to the approval of Board of Management in this regard.

The University shatl run the courses in online, offline, regular, lndustry based learning, part-time, external students, other means or mode of providing education and betterment of society deating with backwardness with the approval of the Board of Management. The University shall conduct the examination in Online and Offline mode and at different location where deemed fit in the interest of the student and where the number of the students appearing is much higher.

The Chancel[or, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic council holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University.

On the establishment of the University, ownership of land and oiher movable and immovable properties acquired, created, taken on long term lease, arranged or built by the Sikkim lnternational University -4-

(3)

(4)

(5)

(6)

Objectives of the University

4. The (i)

for the purpose of the University in the State of Sikkim shall vest in the sponsoring body i.e., The Research and Gyan for Noble Upliftment Trust:

Provided that nothing in this section shall prevent the University from creating of endowment fund for research and development from Public Sector Units owned by the Central Government and other Central or State Research Bodies, etc.:

Provided further that the Sikkim lnternational University shall strictly adhere to the rule and regulation, norms and standards, procedures and guidelines, etc., of the University Grants Commission or UGC (Establishment of and Maintenance of standards in Private Universities) Regulations, 2003 and any such rules and regulations, norms and standards procedures and guidelines, etc., of the University Grants commission or UGC issued frorn time to time. objectives for which the University is established shall be:-

to design and run courses at Pre-University Certificate, short term certificate, Diploma, Bachelor's, Master's and Doctoral Degree levels in the University, lnstitutes, college, campuses and study centers established by the University in and outside the country; to provide instruction, teaching, training and research in various branches and specialized f ields of vocational Education, Skill Development, Engineering, Physical Science, Life Sciences, Technology, Medical Science and Paramedical Management, Technical, Finance and Accounting, Commerce, Humanities Languages, and Communication, Applied and Performing Arts, Sports, Education, Law, Social Science, Agriculture Veterinary and related areas and subjects and to make provisions for research, advancement and dissemination of knowledge therein ; to conducts courses and programs on a priority basis under the following faculties like Faculties of Engineering and Technology for conducting Bachelor of Technology (B.Tech), Master of Technology (M.Tech) and Doctor of Philosophy/Doctor of Science (Ph.D/D.Sc.) level programs in different branches of engineering. Faculty of Medical Sciences for conducting Bachelor in Medicine (MD/MS) and Doctor of philosophy/ Doctor of Science (Ph.D/D.Sc.) and level programs in modern Medical Sciences besides Degree and Diploma level programs in Ayurveda,Yoga, Unani, Siddha, Homeopathy and other i ndi genous /alternative/complementary/Polytech nic system of treatment and Para-medical sciences including medical laboratory technology, radiology imaging technology, physiotherapy, occupational therapy, optometry, healthcare and hospital administration. Faculty of Applied Science for conducting Bachelor's, Master's and Doctoral degree level programs in the area of Agriculture, Horticulture, Forestry, Ecology, Environment, Disaster Management, Sustainable Development, Bioinformatics, Geo- informatics, Biotechnology, .Nanotechnology, etc.; Faculty of Social Science for conducting Bachelor's, Master's and Doctoral Degree o

(i )

level programs in the area of .History, Geography, poriticar science, Engrish, Hindi, pubric Administration, roJcliion, Journarism and Mass communication, Economicr, iorprl"i s.i"n"e, Business Administration, Hotel Manaoemer Governance, Tribal Develo

lnformation Science, Coun

Veterinary, etc. Faculty of La

Bachelor of Arts/Bachelor

Bachelor of Laws/Bachelor o

Computer Application etc. (B

B.Ped/Dip. in elementary ed

Master of Science/Master

Administration/Master of Law

and Doctor of philosophy/D

in different areas of laws inc

Rights, Anti-terror Law, besid

Para-legal services and c

Philosophy/Doctor of Letters

areas, also pre_Universit

Secondary School Certifica

Vocational Education (B.Voc

(M.Voc) ;

(iv) to establish a campus in the centres, campuses, examinati shore campuses and Regi Constituent Colleges, lnform-a places in lndia and abroad, sub as may be applicable from time

(v) to transfer the appropriate techn?rogy deveroped by the University or its institution to institution in rndia is wett as oir,", countries and to introduce e-governance with effective management system ; (vi) to imprement pubrication and educationar programs for motivating, educating and for benefiting both the teaching community and thestudent in particular and thelociety in g"nerut i -'

(vii) to provide regurar and externar education program in rndia and pondence and all modes of

tem (LMS)/Computer Based

I be opened to run Distance

te c h n o r o s y a s s i st e d r e a r n i n s,",. :1rT# l:,,i : :: :.T ;:r,,,"T ffi iJany field under blended learning pattern etc.;

(viii) to institute degrees, diplomas, pre-university certificates, certificates and other academic distinction on the basis of examination, or anyother method of evaluation;

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(ix) to collaborate with other colleges or Universities, research institutions, industry associations, professional associations or any other organizations in lndia or abroad; to conceptualize, design and develop, run specific educational and research programs, training programs and exchange programs for students, faculty members and others;

(x) to disseminate knowledge through seminars, conferences, executive education programs, community development programs, publication and training programs;

(xi) to undertake programs for the training and development for faculf,T members and teacher of the University and other lnstitutions of lndia and abroad;

(xii) to undertake collaborative research with similar organization in lndia and abroad;

(xiii) to create higher level of intellectual abilities through various Directorates, Development councils, Education committees, etc.;

(xiv) to provide consultancy to industry, Government, public and private organization;

(xv) to create an lndustry-Academia partnership by inviting lndustry in the University campus and University centers for mutual benefits and for the benefits of External students enrolled by the University;

(xvi) to recognize any institution or organization which conducts specified studies, by the Board of Management as a community college for such purpose and in such manner and subject to such conditions as may be prescribed by the statutes;

(xvii) to conduct examination on demand through offline as well as online mode in lndia and abroad for regular campus, external and distance education programs and to establish and maintain within the University or elsewhere, such class rooms, laboratories and libraries, as the University may consider necessary;

(xviii) to start industry integrated and collaborative programs through training centres, Community Colleges, Colleges, Campuses, and e- learning centres;

(xix) to impart instruction relating to a course or program of study through one or more modes which may include formal, non-formal, face-to-face, research, part-time, open, online, virtual, distance, external, continuing and regular modes of teaching and learning;

(xx) to pursue any other related objective as may be prescribed by the state Government or the University;

(xxi) to engage in any kind of educational activity for the betterment of the society;

(xxii) to confer honorary degrees;

(xxiii) to award associate degre'es, diplomas and certificate programs through various modes of "learning and examination methods;

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Powers of the University

(xxiv) to decide the syllabus on CBSE (Central Board of Secondary Education) method for the Pre-University foundation course which is equivalent to Secondary School Certificate and Pre-University Certificate which is equivalent to Higher Secondary School Certificate of Sikkim State Education Boards and other education boards of lndia and abroad and also of Pre-University Certificate (Part 1) which is equivalent to part one (standard 11) of Higher Secondary School Certificate of Sikkim State Education Boards and other education boards of lndia and abroad;

(xxv) to give external education to student from lndia and abroad who cannot do regular studies due to lack of financial resources, socio- economic problem or non-availability of time to attend full courses as they stay at remote place far away from the University, its Constituent Colleges and affiliated Colleges;

(xxvi) to establlsh Community Colleges for alternative system of education, which aim to empower the individuals, through appropriate skill development leading to gainful employment and to admit institutes of Higher Learning to the privilege of the University as approved according to statutes and regulations made under this Act ;

(xxvii) to do all things necessary or expedient to promote the above objectives.

5. The University shall have the following powers, namely;-

(i) to establish, maintain, affiliate and recognize such Regional Centres, Training Centres, Campuses, lnformation Centres, Online Centres, Off-campus Centres and off-shore campuses. Skill knowledge provides national coordinator, learning resource provider, application collection centres, constituent college, affiliated colleges, Regional Centres, Communities College as may be determined by the Board of Management of the University;

(ii) to confer Certificate, Pre-University Certificate, Degrees, Diplomas, Masters, Doctoral programs or other academic distinctions;

(iii) to institute and award fellowships, scholarships and prizes;

(iv) to institute and confer honorary degrees as may be prescribed;

(v) to launch any academic and research programs and courses in discipline of education which are deemed suitable for meeting the objective;

(vi) to run and provide lnstruction, Teaching, Training and Research in various branches and specialized field of Vocational Education, Skill Development, Engineering, Physical Science, Life Sciences, Technology, Medical Science and Paramedical Management, Technical, Finance and Accounting, Commerce, Humanities, Languages and Communication, Applied and Performing Arts, Education, Law, Social Science, Agriculture, Veterinary and related

areas and subjects and to make provisions for research, advancement and dissemination of knowledge therein;

(vii) to determine, demand and receive fees, bills, invoices and collect charges to fulfill the objectives of the University;

(viii) to make provision for extracurricular activities for students and employees;

(ix) to appoint the faculties, teachers, officers and employees of the University or a constituent college, affiliated colleges, Regional centres, Communities College, Study centres and Campuses, School and to establish, maintain and recognize such Regional centres, Study centres and Campuses, Off-campuses centres and off-shore campuses, School located in lndia and abroad;

(x) to receive grant from the State Government and other funding organization, donations and gift of any kind and to acquire, hold, manage, rnaintain, lease, mortgage and dispose off any movable or immovable property, including trust and endowment properties for the'purpose of the University or a constituent college, or a Regional Centre or an Off-campus or a Study or Training Centre with prior approval of the sponsoring body;

(xi) to receive grants, subvention, subscription, donations and gifts for achieving the objectives of the University;

(xii) to purchase, or lease or accept as gift or otherwise any land or building or works which may be necessary or convenient for the purpose of the University;

(xiii) to execute conveyances, transfer, conveyance, mortgages, leases, licenses and agreements in respect of property, movable or immovable, including Government securities belonging to the University or to acquire same for the purpose of the University;.

(xiv) to enter into agreements with the Central Government, State Government, the University Grants Commission or other authority for receiving grants;

(xv) to accept grant of money, securities or property of any kind of such terms and conditions as may be deemed expedient, to draw and accept, to make and endorse, to discount and negotiate, Government and other promissory notes, bills of exchange, cheques or other negotiable instrument;

(xvi) to raise and borrow money on mortgage, promissory note or on other obligations or securities based upon any of the properties and assets of the University with or without any securities and upon such term and conditions as it may think fit and to pay out of the fund of the University, all expenditures incidental to the raising of money and to repay and redeem any such money borrowed and to invest the fund of the University or money entrusted to the University in such other securities and in such manner as it may deem fit from time to time and transpose any such investment;

-9-

(xvii) to confer certificates, pre-University certificates, pre_Engineering certificates, Degrees, Dipromas, rvru=i"irr'a"nd Doctorar programs or other academic distinction, ,*"iJ"o o-y tne University andautomaticary recognized f.or tne puipole" i emptoyment in post and service under ihe state and cenirai clr"rnrent, which sha,O" ,"":,r^l,i:g j:l the purpose of further education in otherUniversities and higher learning institutes;-.."'

(xviii) to create and manage the halls and places of residence forstudents, officers, ficurties, t"u.n"i"-rii

"rployees of the University^ora constituent corege o, oin",, partners of theUniversity at the main campus and o*,er carnpuses in rndia andabroad; to supervise and contror the residentiar facirities, and toregurate disciprine among the student and a, categories ofemproyeel a.nd to ray oo*n .onoirionJ'of service of suchemployees including their code of

"onOr.i;.'-

(xix) to create.lndustry-Academia..partnership to concept ualize,innovate design, deverop, deriver, or'",. *or[ i,i,"grri"o rearning ,ronr"ri, training programs and iese.arch prograil ; subject which theUniversity may deem fit for tne puipoJe. ;; ;.y be agreed upon, ffi""::Lrt;ifl",,no

condition as the univelitv may, rrom time to

(xx) to create academic, administrative and support staff and othernecessary post; sponsoring !?0, 9un uppoinifart_time, temporary, contractuar staff from tirie to time 16i ,rJoth administrativeteaching and research work; rv rvr olrru(Jr'rr

q t t i ,

(xxi) to strategies ailiance or co-operation with other University orinstitution_oftrigher rearning'in any prn oilrre worro for specified educational and research [rogr"r., duat degree programs, jointdegree programs and exchange progrrr. f-o,. students, facurty members etc. and to cooperate ano colraborate with otherUniversity and institutions in such mann;;;;; for such purposes as the University may determine trom tin#i" ,ir",(xxii) to offer program on distance Jearning, externar, online, duar modeeducation,and continuing educatio]r 0"r""-lro the manner inwhich such progru, ,r""oiOereO bt th";irersity; to provideonrine education in such subjects and in *r"n'runners as may bespecified by the Academic Cfuncil of the Urir"r"ity, provided that the university may for this purpose estabrish resource centres and cortaborate'with

"r,ii"L'iroviders in variouspart of the country and abroao,

(xxiii) to recognize and conduct refresher course, orientation courses, workshops, semrnars and other programs for industry executive,teachers, deveropers of courseware, evaruation, other academic staff,for working adurts ano otneis ir,rorgi, executive'Jucation centres; (xxiv) to determine standard of admission to the university, constituent co'eges, Regionar centr'es, off-campur"c"'n,r"", off_shore - 10_

campuses, Community Colleges, Study Centres, Schools etc. with the approval of the Acedamic Council;

(xxv) to make special provision for students belonging to the State of Sikkim for admission in any course of the University or in a constituent College, affiliated college, School, Regional Centres, Off-campus Centres, Off-shore campus or Study Centres;

(xxvi) to prescribe courses for Bachelor's Degree, Master's Degree, Doctor of Philosophy / Doctor of Science and related Research Degrees and Such other related degrees Diplomas, Certificates, etc.;

(xxvii) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, Compacts Discs/Video Compact Disc/Digital Versatile Discs (CDs/VCDs/DVDs) and other software relating to the University and its various courses; (xxviii) to recognize examination, course or period of study (whether in full in part) of other Universities, lnstitutions or other places of higher learning as equivalent to examinations, course of periods of study in the University and to withdraw such recognition at any time;

(xxix) to create lndustry-Academia partnership by inviting industry in the University campus and other University Centres for mutual benefits and to recognize any organization situated in and outside the country, which conducts research or specified studies for such purpose and in such a manner and subject to such conditions as may be prescribed in the statutes;

(xxx) to raise, collect, subscribe and borrow with prior approval from the sponsoring body whether on the security of the property of the University or its money for the purpose of the University;

(xxxi) to enter into, carry out, vary or cancel contracts;

(xxxii) to make, amend or cancel the regulations, ordinance, schedules and statues to fulfill the objectives of the University; (xxxiii) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objective of the University;

(xxxiv) to run programs and courses in any of the lndian or Foreign languages where deemed fit in the interest of the students;

(xxxv) to run various educational courses and programs for external students of lndia and abroad, to hold examination in and outside the country and to grant diplomas or certificate and confer degrees or other academic distinctions, subject to University Grants Commission (UGC) rules and regulations, on person who:

(a) have pursued a course of study in the University or in the approved institution or in associated industry as external students or under online education system; or -1t^-

(b) have carried on research in the University or in theapproved institutions or as externar students or under workintegrated learning system;

(xxxvi) the University shail have..power to get into coilaborations and agreements of articuration, and p"rogression with reputedUniversity and rnstitution in tnoia anJiiro*o and arso admitrnstitutes of Higher Learning t" tn" piirr;g" of the University asapproved lnstitution; (xxxvii) to honor educationat starwarts and persons of acadernic eminence with the decoration of professo, ini"rir*;" "

(xxxviii)to decide^"?-"."*:.progr?.m and subjects, arso to conductexamination to provide resurts, certiricate lnd other instruments for various programs and courses and to conduct examination on demand through offrine as we, as onrine mode in rndia and abroad for regurar campus, externar and distance educationprograms and to estabrish and maintuin *itnin the University or ersewhere, such ctass rooms, raboratories and ribraries, as theUniversity may consider necessary;

(xxxix) to decide th,e fees of the course, programs and other activities; (xl) to award associate's degrees, diplomas, and other activitiesthrough onrine or offrine ex'aminatioi ,"tnrir Ly various modes of fS|lit

including external education

"nJ ontii" education or duat (xli) to decide the education activity of the p which is equivalent to Secondary Scho University Certificate (Arts) which is Secondary Sch (Commerce) wl

Certificate (Cor rer Se-condary School

which is equiv c"{t]f,l:r1".(Science)

(Science) of Sikkim State e_ougati91 r"rrj,J"::H:::J[:,il;boards of rndia and abroao pre-unil;itertificate (part 1) which i"

"gry?rent-to part one ot nigrrei s""onoury schoorcertificate of sikkim State Education B;;r;; Jno otne, education boards of rndia and abroad. curricurrr;; syrabi of these courses sha, be as per the Board of seconoary Education(CBSE) pattern; (xlii) to raunch any new course which is in demand or suitabre as per the requirements of students and determin" it. duration and fees, with the objective of promoting the werfar" ,r in" students and the society and to design or change course as per the new education policies implemented from time to time; (xliii)

l;,rt,]:r,"d

take loans for the objectives risted in section 4 of

(xliv) to crearry set apart the academic activities of the University from the activities of the sponsoring booy-ur't'.ponsoring body

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(xlv) (xlvi) (xlvii) (xlviii) (Research and Gyan for Noble Upliftment Trust (RGNUT) may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Regulations and also give directions to the University which shall be binding on all the University authorities. The sponsoring body can review the working of the University, by appointing one or more persons to monitor the proper functioning of the University, Colleges, lnstitutions, etc. maintained by it on the basis of their report and can pass necessary order to promote the improvement of the University, which shall be binding upon all authorities of the University;

to provide for dual degrees, diplomas or certificates vis-d-vis other universities on reciprocal basis within and outside the country;

to provide consultancy services;

to run program under Public Private Partnership (PPP) with the Government and semi-Government Organizations;

to offer lndustry and Work Based Learning Program (l&WBLP) and carried on research in the University or in the approved lnstitutions as an external students or under industry and work integrated learning system;

to offer vocational courses which is equivalent to all the lndian state Councils of Vocational Training, skill education and National Council for Vocational Training (NCVT). Certificate courses are also equivalent to courses run by lndustrial Training lnstitute and lndustrial Training Centre of the State Government and Central Government. Curriculum and syllabi of these courses shall be as per the National Council for Vocational Training (NCVT) pattern; to do all things necessary or expedient to exercise the above power, and to appoint, either on contact or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other person who may contribute to the advancement of the objectives of the University; to carry out all such other activitles as may be necessary or feasible in the furtherance of the objectives of the University. (xlix)

6. The University shall be open to all persons irrespective of class, caste, creed, religion, language or gender:

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission to students of the State. Accordingly, special consideration shall be provided by the University to ensure the specific interest of the inhabitant of the State of Sikkim in view of its location and the stated objective to serue the interest of the State in particular, for which the University shall make appropriate provisions to the extent permissible by law or in consultation with the State Government from time to tiine:

University open

to all classes,

castes, creed,

religion,

language and

gender

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Special provision for safeguarding the interest of the bonafide

students of the State

National and lnternational Accreditations Campuses

mtc courses and employment for allplicable. sue and be sued in the name

(3) The Board of Governors shalrdegr,og tne usage of rand, buirding and other properties acquired for the.unirer"itv,-*ij"n sha, be based on the primary consideiation of the benefits Jt'tn""University. 10.The following shall be the officers of the University:

(a) Chancellor;

(b) Pro-Chancellor;

(d) proVice_Chancellor;

(e) Registrar; Officers of the University

The Chancellor 11.(1) of^the

University

(f) Controller of Examinations; and

(g) Such other persons as may be prescribed to the Officers of the University.

The Chairperson of the Sponsoring body shall be the Chancellor of the University.

The Chancellor shall be the head of the University. The Chancellor shall preside at the meeting of the Board of Governors and also preside at the convocations of the University for conferring Degrees, Diplomas, Designations or Certificates. On the basis of the information received, if he or she is satisfied that any order, proceeding or decision taken by any other authority of the University is not in conformity with the Act, or the Regulations or Rules prescribed, the Chancellor may issue such directions as he or she may deem fit in the interest of the University which shall be binding on all concerned. Chancellor has veto power over any decision taken by the authority, officers or committees. He can change, hold or modify the decision taken by authority, officers or committees.

The Chancellor shall have the following powers, namely:-

(a) to call for any information or records, to decide the agenda of the meeting of University authorities, to modify or correct the rules, regulations, statutes, etc. passed by the authorities of the Universities and to submit the copy of Regulation and the Statutes of the University to the State Government to be notified in the Official Gazette;

(b) to appoint the Vice-Chancellor, Pro-Vice-Chancellor, Registrar, teaching, non-teaching staff and Officers of the University for a period of 3 (three) years at his or her discretion and thereafter subject to the procedures of appointment as provided under this Act;

(c) to remove the Vice-Chancellor, Pro-Vice-Chancellor. Registrar, teaching, non-teaching staff and Officers of the University at his or her discretion;

(d) to approve the Vice-Chancellor, Pro-Vice-Chancellor, Dean, Registrar and Officers of the University, subject to the procedures as laid down under this Act;

(e) to do all things necessary or expedient to exercise the powers and objectives of the University and he shall be non attending Chairman of all the committee made by this Act or Statutes. He shall use his veto power on the decision taken by any committee, board, council or officers of the University;

(f) to nominate Chairman of all the Committees and Boards;

(g) in absence of the Chairman of all the committees, Chancellor may nominate any expert as the head of the committee or -15-

(3)

(4)

(5)

The Pro- Chancellor may himserf head alr the committee, board and councir of theUniversity. (h)

;1;t

otner powers as may be conferred on him or her by this 12'(1) The pro-chanceror sha, be appointed by the Trust for a period of four years. (21 The chancellor may delegate any authority to the pro-chancellor for the smooth functioning of tne University.

(3) The Pro-chancellor shall assist the chancellor in discharging his or her duties and preside at the convocation in his or her absence. (4't The Pro-chancellor may in writing under his or her hand addressed to the Chancellor, resign from hisLr ner otfice.

(s) The pro-chanceilor wiil be the head of the Board of Governors in the absence of the Chancellor. Method of 13'(1) The vice-chancellor, pro-Vice-chancellor and Registrar of theremovar of University shail be removed by the chancelror, on thevice-chancellor' recommendation of a committee consisting of three person of whomPro-Vice- chanceror, and 8:iiH *.":il1?:fl"tJr:H"?l;t"",if', tn" by the BoarJ or Registrar

e't^Thecommittee shall forward.the finding of the enquiry to the chanceror together with a concise tatemJniwithout any prejudicetowards or against the person conc red.

(3) Finding of the committee shalr be mandatory for consideration by the chanceilor. However, the recommendation of the committeeshall not be binding upon the Chancellor The Vice- U.(1) The Vice_Chancellor shall be appoi Chancellor of the Chancellor, subject to the min the University both educational and otherwise Commission (UGC) norms applica

regard.

(2| The vice-chanceror sha, be appointed by the chanceror for a term of three years:

provided that after

vice-chanceilor shart ears the

exceeding one year, the erm not

the exciptionit case

-of

a re_appoin Zrli:rJappointment shalt be foilowed.

(3) The vice-chanceilor shail be the principar executive and academic officer of the University and shail exercise generar supervision and contror over the affairs of th.e University;;J give effect to thedecisions of the authorities of .the University. -"- - t6-

The Pro-Vice- Chancellor

(4) lf in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he or she may take such action as deemed necessary and shall at the earliest opportunity thereafter report his or her action to such officers or authority as would have in the ordinary course dealt with the matter.

(5) lf in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, or is likely to be prejudicial to the interests of the University, he or she shall request the concerned authority to revise its decision within seven days from the date of decision, whereupon such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6) The Vice-Chancellor shall exercise other powers and perform such other duties as may be laid down by the Act or as may be delegated to him by the Board of Governors or the Chancellor, as the case may be.

(7) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Chancellor and the Pro-Chancellor shall preside in the absence of the Vice-Chancellor for conferring degrees, diplomas or certificates.

(8) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. lt shall be open to the Chancellor to suspend the Vice- Chancellor during the enquiry depending upon the seriousness of the charges, as he may deem fit.

15.(1i The Pro-Vice Chancellor shall be appointed by the Chancellor for a term of three years in such manner and shall exercise such powers and perform such functions as may be prescribed, subject to the minimum standards of qualifications, both educational and otherwise, of the University Grants Commission (UGC) norms applicable from time to time in this regard.

(21 The Pro-Vice-Chancellor appointed under sub-section (1) shall discharge his or her duties in addition to his or her other duties.

(3) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in discharging his or her duties as and when required by the Vice- Chancellor.

(4) The Pro-Vice-Chancellor shall get honorarium of such amount as may be determined by the sponsoring body.

(5) The Pro-Vice-Chancellor shall be the head of the Board of Management in the absence of the Vice-Chancellor. 16.(1) The terms and conditions relating to the appointment of the Registrar shall be made by the Chancellor.

(2') All contracts shall be signed and all documents and records shall be authenticated by the Registr3r on behalf of the University. The Registrar

-¹⁷-

(3) The Registrar shall exercise such others powers and perform such other duties as may be prescribed or may be required from time to time, by the Chancellor and the Board of Governors:

(4) The Registrar shall be responsible for the due custody of the records and the common Seal of the University and shall be bound to place before the chancellor, the vice-chancellor, the pro-vice- chancellor or any other authority, all such information and documents as may be necessary for transaction of their business.

(5) The Registrar shall without prefudice to the powers, functlons and duties under sub-sections (1), (2), (3) and (4):

(a) comply with all directions and orders of the Chancetlor and the Board of Governors;

(b) be the custodian of the records, common seal and such other property of the University as the Board of Management shall commit to his charge;

(cI issue all notice covering meetings of the Board of Managernent, the Acadernic Council, the Finance Committee, the Faculties, the Board of Studies and of any Committee, appointed by the authorities of the University;

(d) keep the minutes of all the Meetings of Board of Management, the Acadernic council, the Finance committee, the faculties and any Committee appointed by the authorities of the University and conduct the official correspondence of the Board of Management and the Academic Council;

(e) supply the Chancellor with the copies of the agenda of the meetings of the Authorities of the University as soon as they are issued for his final approval or concurrence and the minutes of such meetings ordinarily within a month of holding of the meetings;

(0 act as the custodian of the records, common seal and such other movable property of the University he may destroy, demolish and dismantle any movable property which is old, spoiled, damaged, impair property like unused records, common seal, answer paper of student who has passed two years ago;

(g) call a meeting of the Board of Management forthwith in an emergency, when neither the Vice-chancellor nor the officers duly authorized, is able to act and take decisions for carrying on the work of the University;

(h) be directly responsible to the chancellor, vice-chancellor and Pro-Vice-chancellor for the proper discharge of his duties and functions; and

(i) perform such other duties as may be assigned, from time to time, by the Chancellor and the Board of Management.

- 18-

The first Registrar shall, in consultation with the Chancellor, make such statutes and regulations as may be necessary for the proper functioning of the University. The University shall submit the regulations and statutes to the State Government for notification by publication in the Official Gazette;

ln the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Chancellor to authorize any officer in the service of the University to exercise such powers, functions, and duties of the Registrar as the Chancellor deems fit. 17.The manner of appointment, terms and conditions of service and power and duties of the other officers of the University shall be as authorized by the Chancellor.

18.The following shall be the authorities of the University:

(6)

(7)

Other Officers Authorities of the University (a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(J)

The Board of Governors; The Board of Management; The Academic Council; The Finance Committee; The Board of Online Education Council; The Board of College Development Council; The Board of External Education Council; The Board of Vocational and Skill Development Education Council;

The Board of Pre-University Education, and Such other authorities as may be declared by the statutes under this Act.

Members of the

Board of

Governors

19.The Board of Governors of the University shall consist of the following members, namely:-

The Chancellor;

The Pro-Chancellor;

The Vice- Chancellor;

The Pro-Vice-Chancellor;

The Secretary ln-charge of Education Department, Government of Sikkim or his nominee not below the rank of a Joint Secretary; Two nominees of the Chancellor; and

Three nominees of the sponsoring body.

(a)

(b)

(c)

(d)

(e)

(g) Members of the 20.(1) The Board of Management shall consist of the following members, Board of namely:-

Management

-19-

(a) The Chancellor;

(b) The Pro-Chancellor;

(d) The Pro-Vice-Chancellor;

(e) The Registrar;

(f) Finance Officer;

(g) One nominee of the sponsoring body;

(h) One nominee of the Chancellor. (2J The Chancellor shall be the chairperson of the Board of Management.

(3) ln the absence of the Chancellor, the Pro-Chancellor or any person nominated by the Chancellor shall act as the Chairperson of the Board of Management.

Members of the 21.(1) The Academic Councii shall consist of the following members, Academic namely:-

council (a) Vice-chancellor - chairperson;

(b) Registrar - Secretary;

(d) Two Educators or Experts from the faculty members nominated by the Vice-Chancellor;

(e) Two nominees of the Chancellor; and (0 Four external experts nominated by the Chancellor.

(2) The term of office of the members other than ex-officio members shall be three years, provided that the term of the first Academic Council shall be five years.

Members of the 22.(11 There shall be a Finance Committee constituted by the Chancellor Finance consisting of the following members, namely:-

committee (a) The chanceilor,

(b) ThePro-Chancellor;

(d) The Registrar;

(e) The Finance Officer;

(f) Two nominees of the Chancellor; and

(g) Two nominees of the Research and Gyan for Ncble Upliftment Trust (sponsoring body).

(2) The members of the Finance Committee other than the ex-officio members shall hold office for a term of three years. )n- :t) -

Membership of 23.(1) The Board of Online Education Council shall consists of the the Board of following members, namely:-

Online

Education (a) chairman;

Council (b) Registrar - Secretary;

(d) One educator or expert from the faculty members nominated by the Vice-Chancellor;

(e) Two nominees of the sponsoring body; and

(f) Four external experts in the field of education nominate-d by the Chancellor.

(2) The term of office of the members other than ex-officio members shall be three years, provided that the term of the first Academic Council shall be five years.

Members the 24.(1) The Board of College, School and Campuses Developrnent Council Board of shall consist of the following members, namely:-

Collegre, School

and Campuses (a) Chairman;

Development (b) Registrar - Secretary;

council (c) Deans of the facutties;

(d) One educator or expert from the faculty members nominated by the Vice-Chancellor;

(e) Two nominees of the sponsoring body; and (0 Four external experts nominated by the Chancellor. (2'l The term of office of the members other than ex-officio members shall be three years, provided that the term of the first Academic Council shall be five years.

Members the 25.(1) The Board of External Education Council shall consist of the Board of following members, namely:-

External

Education (a) chairman;

Council (b) Registrar - Secretary;

(d) One educator or experts from the faculty members nominated by the Vice-Chancellor;

(e) Two nominees of the sponsoring body; and

(f) Four external experts nominated by the Chancellor.

(2) The term of office of the members other than ex-officio members shall be three years provided that the term of the first Academic Council shall be five years.

Members of the Board of

Vocational and skiil

Development Education

Council

Members of the Board of Pre- University Education

The Board of Governors

The Board of Management The Board of Online

Education

Council

26. (1) The Board of Vocational and Skill Development Education Council shall consist of the following members, namely:-

(a) Chairman;

(b) Registrar - Secretary;

(d) One educator or expert from the faculty members nominated by the Vice-Chancellor;

(e) Two nominees of the sponsoring body; and

(f) Four external experts nominated by the Chancellor. (2> The term of office of the members other than ex-officio members shall be three years, provided that the term of the first Academic Council shall be five years.

27.(1't The Board of Pre-University Education shall consist of the following members, namely:-

(a) Chairman;

(b) Registrar - Secretary;

(d) One educator or expert from the faculty members nominated by the Vice- Chancellor;

(e) Two nominees of the sponsoring body; and

(f) Four external experts nominated by the Chancellor.

(2) The term of office of the members other than ex-officio members shall be three years, provided that the term of the first Academic Council shall be five years.

28.The Board of Governors shall be the Supreme Authority of the University. 29.(1) The Board of Management shall be the Chief Executive body of the University.

(2) Subject to the powers and functions of the chancellor, the administration, management and control of the University and the income accruing from there shall be with the Board of Management which shall control and administer the property and funds of the University.

30.(1) The Online Education Committee shall be the Principal body in the University to review and approve academic poricies and issues related to the curriculum for academic programs and instructions delivered via face to face teaching, practical, satellite mediated instructions, e-learning mode, print material and on the job training as^perthe program requirement to a larger segment of the

))

(2\ population and to promote educational well being of the society in general, to encourage the e-learning and alternative learning system in conjunction with the conventional education pattern of the Country and to coordinate and determine the standards in such system. The Online Education Committee shall, subject to the provision of this Act, the statutes, regulations and .the rules coordinate and exercise general supervision over the Online Education policles of the University.

Meetings of the Online Education Committee shall be convened by the Secretary on such date and at such time and place as may be fixed in consultation with the Chairman of the Online Education Committee.

The Online Education Committee shall set up e-learning centres (centre established, maintained or recognized by the University for the purposes of advising, counseling or for rendering any other assistance including training, virtual classes and administering examination required in the context of online education) in and outside the Country for providing professional education and skill development training facilities.

The statutes may specify the other powers and functions of the Online Education Committee.

Three members of the Online Education Committee shall form the quorum for the meetings.

The tenure of office of the members of the Online Education Committee other than ex-Officio member shall be three years or till reconstitution, whichever is earlier.

Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the Online Education Committee once in three years. The Board of affiliated college, School and campuses Development Council shall be the principal body in the University to review and approve the academic policies and issues related to the curriculum for Academic programs and instruction offered by the affiliated college, Community Colleges, School and campuses in accordance with the policies and procedures of the Board of affiliated college, Community College and campuses Development Council. The affiliated college, School and campuses Development Council shall coordinate and exercise general supervision over affiliated college, School and University campuses as per the policies of the University.

There shall be an officer of the affiliated college, School and campuses Development Council as may be appointed by the Chancellor who shall keep proceedings on record and be the custodian of all papers relating to the College Development Council. The meeting of the Council. shall be convened by the Secretary on

(3)

(4)

(s) (6i

(7)

(8)

The Board of 31.(1) College,

Community

College, School and Campuses

Elevelopment

Gouncil

(2)

(3)

-23-

such date and at such time and place as may be fixed in consultation with the Chairman of the affiliated college, School and campuses Development Council.

The statutes may specify the other powers and functions of the affiliated college, School and campuses Development Council. Three members of the affiliated college, School and campuses Development Council shall form the quorum for a meeting. The tenure of office of the members of the affiliated college, School Development Council other than ex-officio member shall be three years or till reconstitution, whichever is earlier. Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the af f iliated college, School and campuses Development Council once in three years.

32.(1) The Board of External Education Council shall be the principal body in the Universlty to review and approve academic policies and issues related to the curriculum for external program and instructions to be delivered via face to face teaching in external education, practical of external education program, satellite mediated instructions, e-learning mode, print material and on the job training as^perthe program requirement to a larger segment of the populations and to promote educational well being of the society in general, to encourage the e-learning in external education and alternative learning system in conjunction with the conventional education pattern of the Country and to coordinate and determine the standards in such system.

(2) The Board of External Education Council shall subject to the provisions of this Act, statutes, regulation and the rules coordinate and exercise general supervision over the affiliation policies of the Colleges of the University.

(3) The Board of External Education Council shall set up Colleges or affiliate Colleges in and outside the Country for such purpose and in such manner and subject to such conditions as may be prescribed by statutes.

(4) Three members of the Board of External Education Council shall form the quorum for a meeting.

(5) The statutes may specify the other powers and functions of the Board of External Education Council.

(6) The tenure of office of the members of the Board of External Education Council other than ex-officio members shall be three years or till reconstitution, whichever is earlier.

(7) Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the Board of External Education Council once in three years.

(4)

(5)

(6)

(7)

The Board External Education Council of

The Board of 33.(1) Vocational and skill

Development

Education

Council

The Board of 34.(1) Pre-University Education

(2)

(3)

(5)

(6)

(7)

The Board of Vocational and Skill Development Education Council shall be the principal body in the University to review approve the academic policies and issues related to the curriculum for academic programs and instruction offered by the Vocational and Skill Development institute in accordance with the policies and procedures of the Board of Vocational and Skill Development Education Council.

fhe College Development Council shall subject to the provisions of this Act, statutes, regulation and the rules coordinate and exercise general supervision over the Vocational and Skill Development policies of the University.

There shall be an officer of the Board of Vocationat and Skill Development Education Council as may be appointed by the Chancellor who shall keep proceedings on record and be the custodian of all papers relating to Vocational and Skill Development lnstitute. Board meeting shall be convened by the Secretary on such date and at such time and place as may be fixed in consultation with the chairman of the Board of Vocational and Skill Development Education Council.

(4) The Board of Vocational and Skill Development Education Council shall set up Vocational and Skill Development lnstitute for such purpose and in such manner and subject to such conditions as may be prescribed by statutes.

The statutes may specify the other powers and functions of the Board of Vocational and Skill Development Education Council. Three members of the Board of Vocational and Skill Development Education Council shall form the quorum for a meeting. The tenure of office of the members of the Board of Vocational and Skill Development Education Council other than ex-officio members shall be three years or till reconstitution, whichever is earlier.

(8) Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the Board of Vocational and Skill Development Education Council once in three years.

The Board of Pre-University Education shall be the principal body of the University to review and approve the academic policies and issues related to the curriculum for academic programs and instructions offered in accordance with the policies and procedures of the Board of Pre-University Education.

The Board of Pre-University Education shall be principal body of the University to review and approve academic policies and issues related to the curriculum for Pre-University and instructions delivery via face to face teaching in Pre-University with external education and regular education, practical of Pre-University in external education program and regular program, satellite mediated instructions, e-learning mode, print material and on the job training

(2)

- 25 -

The Academic Council

Regulations as^perthe program requirement to a larger segment of the population and to promote educational well being of the society in general, to encourage the e-learning in Pre-University with external education and alternative learning system in conjunction with the conventional education pattern of the Country and to coordinate and determine the standards in such system.

(3) The Board of Pre-University Education shall subject to the provisions of this Act, statutes, regulation and the rules coordinate and exercise general supervision over the affiliation policies of the affiliated Schools of the University.

(4) There shal] be an officer of the Board of University as may be appointed by the Chancellor who shall keep proceedings on record and be the custodian of all papers relating to the Board.

(5) The Board of Pre-University Education shall set up School or affiliate School in and outside the Country for such purpose and in such manner and subject to such conditions as may be prescribed by statutes.

(6) Three members of the Board of Pre-University, Education shall form the quorum for a meeting.

(7\ The statutes may specify the other powers and functions of the Board of Pre-University Education. The Board of Pre-University Education is equivalent to State Board of School Education of any lndia and abroad. State government will process and instruct to council of boards of school education (COBSE) for giving membership to the university.

(8) The tenure of otfice of the members of the Board of Pre-University Education other than ex-officio rnember shall be three years or till reconstitution, whichever is earlier.

(9) Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the Board of Pre-University Education once in three years.

35.The Academic Council shall be the academic body of the University and it shall, subject to the provision of this Act and the regulations made hereunder, have the power of control and shall be responsible for the maintenance of standards of education, instruction and examinations of the University and exercise such other powers and functions as may be conferred upon it by the Act and shall also have the right to advice the Board of Management on all academic matters.

36.(1) Subject to the provisions of this Act, the Board of Management, in addition to all other power vested in it shall have the power to frame regulations to provide for the administrations and management of the affairs of the University as listed below:-

(a) The Constitution and assignment of duties of the Academic Council and to direct the Vice-Chancellor;

-26-

(2)

(3)

(b) The empowerment of authorities responsible for organizing teaching in connection with the University and related academic programs;

(d) The establishment and abolition of faculties, department and institutions as per the need of the University, lnstitutions or organizations other than constituents Colleges which conduct specified studies may be recognized by the Board of Management as Community Colleges for such purpose and in such manner and subject to such conditions as prescribed by the statutes, subject to the relevant University Grants Commission (UGC) norms;

(e) The institution of fellowships, scholarships, exhibitions, medals and prizes;

(f) Conditions and modes of appointment of examiners for monitoring of standards of examination or any other course;

(g) Mode of enrolmenVadmission of students:

Provided that the Board of Management shall not rnake any regulations regarding the status, power or the constitution of the University until such authority has been given an opporlunity of expressing an opinion in writing on the proposed changes, and any opinion so received shall be considered by the Board of Governors.

The Academic Council shall have the powers to propose regulations on all matters specified in clauses (a) to (g) of sub-section (1) and on matters incidental and related thereto in this regard. Where the Board of Management has rejected the draft of the regulations proposed by the Acadernic Council, the latter may appeal to the Chancellor and the Chancell or may, by order, direct that the proposed regulations may be laid before the next meeting of the Board of Governors for its approval and that pending such approval of the Board of Governors, it shall have effect from such date as may be specified in that Order.

All regulations made by the Board of Management shall be submitted, as soon as may be, to the Chancellor and to the Board of Governors for approval by a majority of not less lhan 213 of the members present and voting. A majority of not less than 213 of the members present shall be required to revoke or rescind any regulation made by the Board of Management and such regulation shall, from the date of such resolution, cease to have effect. The Chancellor shall, at least once in every five years, constitute a University Review Committee to review the working pattern of the University and to make recommendations relating thereto.

(4)

Appointment of 37.(1) University

Review

Committee

-27-

(2\

The Committee shall consist of not less than three eminent members/educationists, one of whom shall be the Chairperson of^the Committee appointed by the Chancellor in consultation with the State Government.

The terms and conditions of the appointment of the members shall be such as the Chancellor may determine.

The Committee shall, after holding such enquiry as it deems fit, make its recommendations to the Chancellor.

The Chancellor may take such actions on the recommendations as he deems fit.

Notwithstanding anything contained in this Act or the rules made hereunder, no proceedings of the Board of Governors, Board of Management, Academic Council or any other authority or body of the University shall be invalidated or questioned merely on the ground of existence of any vacancy or defect. in its constitution in the membership of such authority or body.

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 proceeding of such authority or body were not prejudicially affected by such irregularity.

(3)

(4)

(5)

Vacancies etc., 38.(1) not to invalidate proceedings

Removal of

Difficulties

Removal of

Doubts

Transitional

Provision

(2)

39.1f any difficulties.arises with respect to the establishment of the University in giving effect to the provisions of the statutes, the Chancellor may, at any time, by order, make such provisions, not inconsistent with the provisions of the statutes, as appeared to him or her to be necessary or expedient, for removing the difficulty and every such order shall have the same effect as if the appointment or action had been made or taken in the manner provided in this Act :

Provided that before making any such order, the Chancellor shall ascertain and consider the opinion of the Registrar of the University or such appropriate authority as he may deem fit and proper. 40.For the purpose of removal of doubts, it is hereby declared that nothing in this Act shall be construed as transferring from the Research and Gyan for Noble Upliftment Trust to the University such right of ownership of any of the Research and Gyan for Noble Upliftment Trust, over or in respect of the lnstitutes established by it.

4l.Notwithstanding anything contained in this Act and the regulations made hereunder, the Registrar may, with the approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of the Act and the regulations and for that purpose may exercise powers or perform any duties which, are to be or performed by any authority of^the University until such authority comes into existence in the manner provided by this Act and the regulations made hereunder.

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The Authorities and Officers of the University etc.

Protection of action taken in good faith

Power to

amend the

Statutes and Schedule

Power to make Statutes and Regulations Act to be in addition to existing laws Savings

42.(1) The Authorities of the University and the composition, powers, functions and other matters related to the officers of the University and all other matters relating to the functions, powers, teaching, administration, management and other affairs of the University shall, subject to the provisions of this Act, be as specified in the Schedule or as may be provided by the regulations.

(2) Sponsoring body can appoint first officers of the University and its authority for the smooth functioning of the University activities. 43.No suit, prosecution or other proceedings shall lie against the Chancellor, the Authorities or the Controller of Examination of the University or any other person or employee of the University 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 hereunder.

44.(1) The Board of Governors may, with the previous approval of the Chancellor, by notification, amend, either prospectively or retrospectively, the Statutes and the Schedule:

Provided that the Government of Sikkim, in case of necessity which may be recorded in writing and after due consultation with the relevant authorities of the University, shall have the power to amend the Statutes and Schedule, through due process, in such manner as may be required from time to time.

(2) A copy of the notification made under sub-section (1) shall be submitted to the State Government as soon as it is made for publication in the Official Gazette.

45.The Authorities under section 18 may make Statutes, Rules and Regulations, as may be deemed expedient, for all or any of the provisions of the Act for carrying out the responsibilities of the University. The University shall submit the copy of the Rules, Regulations and Statutes to the State Government from time to time and the State Government shall notify the same by publication in the Official Gazette. 46.The provisions of this Act shall have effect in addition, but not in derogation, to any other law for the time being in force in the State of Sikkim.

4T.Notwithstanding anything contained in this Act, all rules, orders, notification, schemes, bye-laws, regulations, circulars, office memoranda or similar instructions issued by the Government of lndia or its regulatory bodies including University Grants Commission (UGC), All lndian Council of Technical Education (AICTE), etc, that are applicable to such Universities and other lnstitutions of Higher Education, shall apply, mutatis mutandis to the University, until the same is issued by the Government of Sikkim, and the University shall provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.

Dissolution of the University Definitions Chairperson and Vice

Chairperson of the Board of Governors

Term of Office of Members of the Board of Governors

48.(1) lf the Sponsoring Body proposes dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least 12 (twelve) months'notice in writing to the State Government and it shall ensure that no new admissions to the University are accepted during the notice period. All financial obligations, whatsoever may be, for dissolution of the University shall lie with the University.

(Z't Notwithstanding anything contained under sub-section (1) above, the State Government may initiate dissolution of the University suomoto, after it is satisfied that the sponsoring body has failed to adhere to the established norms.

SCHEDULE

(see Section 2(34))

1. ln this Schedule, unless the context othenruise requires:-

(1) "Clause" means a clause of the Schedule.

(2) "Teacher" includes Deans, Professors, Associate Professors, Assistant Professors, Readers, Lectures and any other person imparting instructions in the University.

(3) "UGC norms" includes the University Grants Cornmission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 and any other such regulations as may be issued by University Grants Commission (UGC) from time to time that are applicable to Private Universities.

2. (1| The Chancellor shall be the Chairperson of the Board of Governors. (2'l The Pro-Chancellor shall be the Vice-Chairperson of the Board of Governors.

(3) ln the absence of the Chanceilor, the Pro-Chancellor or any person nominated by the Chancellor will be the Chairperson of the Board of Governors.

3. (1) The Registrar shall be the Secretary of the Board of Governors. ln the absence of the Registrar, the Chancellor may nomirtate any person to be the Secretary of the Board of Governors. (2\ The term of office of the Board of Governors shall be five years :

Provided that the term of office of the first Board of Governors will expire on the constitution of the regular Board of Governors under the provision of the Schedule.

(3) A member of the Board of Governors shall cease to be one if he resigns or becomes of unsound mind, or becomes insolvent, or accepts a full time appointment in the University, or fails to attend

-30-

three consecutive meetings of the Board of Governors without the leave of the Chairperson.

When a person has become a member of the Board of Governors by reason of the office or appointment he holds, or is a nominated member, his membership shall terminate when he ceases to hold that office or appointment or nomination, as the case may be. A member of the Board of Governors may resign from his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as the resignation has been accepted by the latter.

Any vacancy in the Board of Governors or a member shall be filled either by appointment or nomination, as the case may be, by the respective authority authorized to make the same, and the member so appointed or nominated shall hold office until such time as the member in whose place he is appointed or nominated would have held the office if the vacancy had not occurred. 4.(1) The Board of Governors shall have all the power necessary for administration and management of the University or for conducting the affairs of the Academic Council, the Finance Committee and all other committees and the power to review the regulations made by the Board of Management and shall exercise the powers of the University not otherwise provided in this Act.

(2) Without prejudice to the generality of the powers conferred by sub- clause: (1) The Board of Governors shall^-

(a) recommend to the board policies and programs of the University and suggest measures for the improvement and development of the University;

(b) consider and pass resolutions on the annual report, the financial estimate and the audit report on such accounts; and

(c) perform such other functions as it may deem necessary for the proper functioning and administration of the University.

(3) Without prejudice to the generality of the powers conferred by sub- clauses (1) and (2), the Board of Governors shall perform the following functions, namely:-

(a) take steps for achieving the objectives of the University;

(b) hold, control and administer the property and funds of the University;

(d) Administer any funds placed at the disposal of the University for specific purposes;

(e) manage and regulate the finances, accounts, investments, property, and all other administrative matter of the University and for that purpose appoint such agent as it may think fit; - 31-

(4)

(s)

(6)

Powers and Functions of the Board of Governors

Meeting of the Board of

Governors

(f) invest the money belonging to the University (including any income from trust and endowed property) in such stocks, funds, shares or securities as it may, from time to time, think fit and appropriate;

(g) enter into or carry out, or cancel contracts on behalf of the University;

(h) regulate and determine all other matters concerning the University in accordance with the provisions of the Act and the rules and regulations made hereunder;

(i) delegate any of its powers to a cornmittee or the Vice- Chancellor or to any Officer of the University; and

(j) co-operate with other Institutions and Universities and other authorities in such manner and for such purpose as it may deern necessary.

5. (1) The Board of Governors shall meet at least once in a year. Annual meeting of the Board of Governors shall be held on a date to be fixed by the chancellor, unless some other date has been fixed by the Board of Governors in respect of any number of years. (2\ The chancellor shall preside over the meeting of the Board of Governors and in his absence the Pro-Chancellor shall preside over the meeting and in the absence of both of them, the Vice Chancellor shall preside over the meeting;

(3) A report of the working of the University during the previous year, together with a Statement of receipts and Register of expenditures, audited balance sheet and Financial Statement shall be presented by the Registrar to the Board of Governors at its annual meeting;

(4) The Member of the Board of Governors shail be called by the chancellor or in his absence by the Registrar either on his own or at the request of not less than five members of the Board of Governors;

(5) For every meeting of the Board of Governors, fifteen days' notice shall be given.

(6) Two-thirds of the Member of the Board of Governors shall form the quorum.

(7') Each member shall have one vote and if there be equality of votes on any question to be determined by the Board of Governors, the chancellor or the person presiding over the meeting, shall, in addition, have a casting vote.

(8) ln the case of difference of opinion among the members, the opinion of the majority shall prevail.

(9) lf urgent action by the Board of Governors becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers to the members thereof. The action proposed to be taken shall not be taken unless agreed to by a majority of the members present. The action so taken shall be forthwith intimated to all the -)z-

Terms of office of members of the Board of Management

Power and

Functions of the Board of Management

6.⁽¹⁾

members of the Board of Governors and the papers shall be placed before the next meeting of the same for confirmation. When a person has become a member of the Board of Management by reason of the Office or appointment he holds, his membership shall be co-terminus with that office or appointment. A member of the Board of Management shall cease to be a member if he resigns, or becomes of unsound mind, or insolvent, or if a member other than the Registtat or a member of a Faculty accepts a full time appointment in the University or fails to attend three consecutive meetings of the Board without the leave of the Chairperson.

Unless the membership of the Board of Management is previously terminated as provided in sub-clause (2), a member of the Board of Management other than an ex-officio member shall relinquish membership on the expiry of three years from the date on which he has become a member but shall be eligible for re-nomination or re- appointment, as the case may be; provided that the term of the first Board of Management shall be five years.

A member of the Board of Management other than the ex-office members may resign from his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as the resignation is accepted by the Chairperson.

7. The Board of Management shall have following powers and functions namely:-

to appoint from time to time, the Director, the Librarian, the Professors, Readers, Associated Professors, Assistant professors and other members teaching staff, as may be necessary, subject to University Grants Commission (UGC) norms on minimum educational qualifications as may be applicable from time to time; to appoint, from time to time such number of officers, emptoyees on such terms and conditions as it may deem fit for carrying out the management and affairs of the University;

to create administrative, ministerial and other necessary posts, to determine the emoluments of such positions, to specify minimum qualifications for appointment to such post subject to such law as may be applicable and for the time being in force, and to appoint persons to such post on such term and conditions of service as may be prescribed by the regulations made in this behalf, after delegating the power of the appointment to such authority or authorities or office or officers as the Board of Management may, from time to time, by resolution, generally or specifically, direct;

(iv) to exercise control and discipline over the employees of the university;

(v) to accept on behalf of the University, endowments, bequests, donations, grants and transfer of any immovable property; - 33 -

(2)

(3)

(4)

(i )

(vi) to receive money, securities, instruments or any movable property for and on behalf of the University;

(vii) to grant receipt, sign and execute instrument and endorsements, discount cheques and other negotiable instruments through its accredited agencies;

(viii) to make, sign and take account of such documents and instruments as may be necessary $ proper for carrying out the management of the property or affairs of the University;

(ix) to introduce courses of study at the University and to take decision on the recommendations of the Academic Council;

(x) to co-operate and co-opt with other educationa[ and medical institutions and authorities in lndia and abroad;

(xi) to create fellowships and scholarships and provide other assistance on such terms and conditions, as it may prescribe to such person as it may select to carry out research, investigation or study;

(xii) to propose regulations for consideration and adoption by the Board of Governors;

(xiii) to grant in accordance with the regulations, leave of absence other than casual leave to any officer of the University and to make necessary arrangements for the discharge of the functions of such officers during his absence;

(xiv) to manage and regulate finances, accounts, investment, property, business and all other administrative affairs of the University and for the purpose to appoint such agents, as it may think fit;

(xv) to recommend to the Board of Governors to invest any money belonging to the University, including any unapplied income, in such stocks, funds shares or securities, as it may from time to time think fit or in the purchase of immovable property in lndia, with similar powers of varying such investment from time to tinre;

(xvi) to transfer or accept transfers of any movable or immovable property on behalf of University;

(xvii) to enter into and cafiy out or cancel contract on behalf of the University and for that purpose to appoint such officers as it may think it ;

(xviii)to provide building, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xix) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers of the University, the teachers, the students and the University employees, who may, for any reasons feel aggrieved, othenruise then by the Hon'ble Court ;

(xx) to appoint examiners and moderators, if necessary, and to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting with the Academic Council; -J+ -

Meetings of 8.⁽¹⁾ Board of

Management

(2)

(3)

(4)

Constitution of 9.⁽¹⁾ a Standing

Committee and

appointment of

Adhoc

Committee by

the Board of

Management

Delegation of

power by the

Board of

Management

(xxi) to select a common seal for the University and to provide for the custody of the seal,

(xxii) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act, and; (xxiii)to do all things necessary or expedient to exercise the above powers.

The Board of Management shall meet atleast once in six nnonths and not less than 15 days'prior notice shall be given for such meeting.

Four members of the Board of Management shall constitute a quorum for any meeting thereof.

in case of difference of opinion among the members, the opinion of the majority shall prevail.

Each member of the Board of Management shall have one vote. lf there be equality of votes on any question to be determined by the Board of Management, the Chairperson of the Board of Management or the person presiding over the meeting shall, in addition, have a casting vote.

Every meeting of the Board of Management shall be presided by the Chairperson and in his absence by a member chosen by the members present, subject to meeting the quorum and other applicable rules.

lf urgent action by the Board of Management becomes necessary, the Chancellor may permit the business to be transacted by circulation of notes or papers to the members thereof. ln such a situation, the action proposed to be taken shall not be so taken unless agreed by the majority of the members present and voting. The action so taken shall be forthwith intimated to all the member of the Board of Management and the papers shall be placed before the next meeting of the same for confirmation. Subject to the provisions of this Act and the regulations made in this behalf, the Board of Management may, by resolution, constitute such Standing Committee or appoint Adhoc Committees for such purposes and with such powers as it may think fit for exercising any power, tor discharging any function of the University or for enquiring into, reporting or advising upon any matter relating to the University.

The Board of Management may co-opt any such persons to the Standing Committee or Adhoc Committees as it considers suitable and permit them to attend its meeting.

(5)

(6)

(7)

10.Board of Management may, by resolution, delegate to the Registrar or to a committee such of its power as it may deem fit subject to the condition that the action taken by the Registrar or such committee in the exercise of powers so delegated shall be reported at the next meeting to the Board of Management.

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Powers and duties of the Academic

Council

ll.Subject to the provisions of this Act and the regulations made hereunder, the Academic Council shall, in addition to all other powers vested in it, have the following powers namely:-

(i) to report any matter referred or delegated to it by the Board of Governors or the Board of Management;

(ii) to make recommendations to the Board of Management with regard to the creation, abolition or classification of teaching post in the University and the emoluments and duties attached thereto;

(iii) to formulate and modify or revise schemes for the organization of the faculties, and their respective subiects and also to report to the Board of Management as to the expediency of the abolition or sub- division of any faculty or the combination of one faculty with another;

(iv) to make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University;

(v) to promote research in the University and with other Universities, etc., and to require, from time to time, reports on such research;

(vi) to consider proposals submitted by the faculties;

(vii) to appoint committees for admission of the University;

(viii) to consider diplomas and degrees of other Universities^and institutions in the context of their equivalence in relation to the diplomas and degrees of the University;

(ix) to fix, subject to any conditions accepted by the Board of Governors, the time, mode and conditions of constitution of fellowships and other prizes and to award the fellowships and prizes;

(x) to make recommendation to the Executive Committee in regard to the appointment of examiners and if necessary their rernoval and the fixation of their fees, emoluments and travelling and other expenses;

(xi) to make arrangement for the conduct of examinations and to fix dates for holding thern;

(xii) to declare the results of the various examinations, or to appoint committees of officers to do so, and to make recommendations regarding the conferment or grant of degrees, honors, diplomas, licenses, titles and marks of honor;

(xiii) to award stipend, scholarships, medals and prizes and to make regulations and such other conditions as may be attached to the awards;

(xiv) to publish list of prescribed or recommended text-books and to publish syllabi of the prescribed courses of study;

(xv) to prepare such forms and registrars as are, frorn time to time, prescribed by regulations, and

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Finance Committee Other Officers 13.(1) and Employees

(2)

(xvi) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations prescribed hereunder. 12.(1) The function and duties of the Finance Committee shall be as follows:

(a) to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Board of Management;

(b) to consider all proposals for new expenditure and to make recommendations to the Board of Management;

(d) to examine the annual budget estimate and advise the Board of Management thereon;

(e) to review the financial position of the University from time to time;

(f) to make recommendations to the Board of Management on all proposals involving the raising of funds, receipts and expenditure;

(2) The Finance Committee shall meet at least twice every year. Three members of the Finance Committee shall form the Quorum.

(3) The Chancellor and in his absence the Pro-Chancellor, shall preside over the meeting of the Finance Committee.

(4) ln the case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.

(3)

Subject to the regulations made for the purpose, every other officer or employee of the University shall be appointed under a written contract setting out the conditions of service as prescribed by the regulation which shall be lodged with the University and a copy thereof furnished to the officer or employee concerned. While making employment in the University and the institution under it, the University shall safeguard the interest of the local people of the State of Sikkim through adoption of the State Reservation Policy. Any dispute arising out of the contract between the University and any of the officers or employees shall, at the request of the officer or the employee concerned, or at the instance of the University, be referred to a tribunal for arbitration consisting of three members appointed by the Board of Management as prescribed by the regulations.

Appointment and condition of service of employees and faculty members shall be as per University Grants Commission (UGC) rules and regulations applicable from time to time.

(4)

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Provision for Reservation Provident Fund Gratuity,

Pension and any other

benefit Scheme Funds of the University and Endowment

Fund

14.The Reservation Policy of the Government of Sikkim notified from time to time shall be followed by the University for the purpose of admission and employment of both Teaching and Non-Teaching Faculty of the University. 15.All the permanent employees of the University shall be entitled to the benefits of provident fund and gratuity in accordance with such regulation as may be framed in that behalf by the Board of Management. 16.(1) The sponsoring body, namely, The Research and Gyan for Noble Upliftment Trust shall establish an Endowment Fund for the Universlty which shall include:-

(a) Any contribution or grants received by the Research and Gyan for Noble Upliftment Trust;

(b) Any bequest, donations, endowments or other grants by the private individual or institution;

(d) Amount received from any other sources;

(e) The endowment Fund shall be not less than Rs. 50 (Fifty) lacs.

(21 rhe amount of the said fund shall be kept in a schedured Bank notif ied under the Reserve Bank of lndia Act, 1934 or in corresponding new Bank constituted under the Banking Companies (Acquisition and rransfer of Undertakings) Act, 19g0 on in such financing institutions authorized by the lndian Trust Act, as may be decided by the Board of Governors.

(3) The Endowment Fund may be used for such purpose of University and in such manner as may be prescribed by regulations, subject to the following conditions:

(a) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provision of the Act, Statutes and Ordinance and as per the norms of the University Grants Commission (UGC) from time to time. The State Government shall have the power to confiscate in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes the provisions of this Act or Statutes, Ordinance, Regutation or Rules made hereunder.

(b) lncome from the Endowment Fund may be utilized for the development of the infrastructure of the University but not to meet the recurring expenditure of the University.

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Annual Account 17.(1) and Audit

The Annual Account of the University shall be prepare under the direction of the Board of Management.

The account of the University shall, at [east once a yeat, be audited by the auditors appointed by the Board of Management:

Provided that the State Government shall have the power to direct, whenever considered necessary, an audit of the account of the University, including the institutions managed by it, by such auditor, as it may specify.

The account when audited shall be published by the Board of Management and a copy of the account together with the audit report shall be placed before the Board of Governors and shall also be submitted to the Government.

The Annual Accounts shall be considered by the Board of Governors at its annual meeting. The Board of Governor may pass resolution with reference thereto and communicate the same to the Board of Management. The Board of Management shall consider the suggestions made by the Board of Governors and take such action thereon as it thinks fit. The Board of Management shall inform the Board of Governors at its next meeting all action taken by, or the reasons for not taking action.

The Board of Management shall prepare the Financial Estimates as may be prescribed by regulations for the ensuring year and place the same before the Board of Governors.

The Board of Management may, in case where the expenditures to be incurred are in excess of the amount provided in the budgets or in case of urgency, for reason to be recorded in writing, incur expenditure subject to such restrictions and conditions as specified in the regulations. Where no provision has been made in the budget in respect of such excess expenditure, a report shall be made to the Board of Governors at its next meeting.

The Board of Management shall prepare the Annual Report containing such particulars as the Board of Governors may specify, covering each financial year and submit it to the Board of Governors on or before such date as may prescribed by the regulations. The Board of Governors may pass resolutions thereon and the Board of Management shall take action in accordance therewith. The action taken shall be intimated to the Board of Governors. Copies of the annual report along with the resolution of the Board of Governors thereon shall be submitted to the State Government. (2|

(3)

(4)

Financial Estimates

18.⁽¹)

(2)

Annual Report 19.(1) Honorary

Degrees

(2)

(3) The State Government shall, as soon as may be, cause a copy of such annual report to be laid before the Sikkim Legislative Assembly.

20.The Academic Council shail recommended that an Honorary Degree of academic distinction be conferred on any person on the ground that, in - )v -

Withdrawal of Degree or Diploma

Discipline their considered opinion recorded in writing, he is, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction. The Board of Governor may, by a resolution, decide accordingly that the same may be conferred on the person recommended. 21.(1) The Board of Governor may, on the recommendation of the Academic Council, withdraw any distinction, degree, diploma, privileges, etc., conferred or granted to any person by a resolution passed by a majority of the total membership of the Board of Governors and by a majority of not less than two-thirds of the members present and voting at the meeting, if such person has been convicted by a court of law for an offence, which in the opinion of the Board of Governors involves mora[ turpitude or if he has been found guilty of gross misconduct.

(2) No action under the above provision shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.

(3) A copy of the resolutions of the Board of Governors shall immediate[y be sent to the person concerned. (4\ Any person aggrieved by the decision taken by the Board of Governors may appeal to the Chancellor within thirty days from the date of the receipt of such resolution.

(5) The declsion of the Chancellor in such appeal shall be final and binding.

22.(1) The University shall maintain strict discipline as per all relevant University Grants Commission (UGC) norms applicable from time to time.

(2\ Such discipline shall be strictly enforced amongst the Teaching Faculty, Non-Teaching Faculty and all the Students enrolled in the University at all times as discipline is one of the most important pillars of quality education.

(3) The University shall enable due inspection periodically by the State Government to ensure compliance to all relevant University Grants Commission (UGC) norms, guidelines, and due adherence to local etiquettes and traditional values to ensure suitable adaption of the University to the local population with primary focus on high standards of education.

(4) The final authority responsible for the maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in this regard shall be carried out by the Heads of the

Department of the University, Hostel and lnstitutions. (5) Any punishment of debarring a student from the examination or rustication, expulsion, suspension or restriction from the Universlty or hostel institution shall, on the report of the Vice-Chancellor, be considered and imposed by the Board of Management:

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