GOVERNMENT
SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gangtok Monday 20th December, 2021
No. 372
GOVERNMENT OF SIKKIM
LAW & PARLIAMENTARY AFFAIRS DEPARTMENT
GANGTOK
No. 29/L&PADl2O2'l The following Act assent of the Governor information:-
Dated:-16.12.2021
NOTIFICATION
passed by the Sikkim Legislative Assembly and having received on 9th day of December, 2021 is hereby published for general
SIKKIM SKILL UNIVERSITY ACT, 2021
(ACT No. 17 ol 2021)
AN
ACT
to provide for the establishment and incorporation of SIKKIM SKILL UNIVERSITY, in the State of Sikkim and matters connected therewith and incidental thereto. WHEREAS, with a view to keep pace with the rapid development in all spheres of knowledge in the world and the country, especially in Skill Development, it is essential to create world level modern research and study facilities in the State to provide state of the art educational and skill development facilities to the youth at their door steps to make out of them human resourses compatible to liberalize economic and social order of the world; And whereas, it is expedient to provide for the establishment incorporation and regulation of Sikkim Skill University for the development and advancement of higher education, skill development, entrepreneurship development, vocational education, Life Enrichment courses and research through formal, non-formal and online education mode in the field of Hospitality and Tourism, Building construction and Real Estate, Business and Commerce, Textile and Garments Technology, Basic and Applied Sciences, Artificial lntelligence, Event Management, Blockchain Technology, Horticulture, Animal Sciences, Pharmacy, Nursing, Education, Biotechnology, Languages, Power, Security and Surueillance, Healthcare, Gem and Jewellery, lndustry Safety and other fields sponsored by the K.V.N" Skill Foundation, Delhi (lndia).
1
And whereas, the K.V.N. SKILL FOUNDATION, DELHI, a Non-Profit organization registered under lndian Trusts Act, 1882 having its registered office at Delhi is engaged in the field of education by way of imparting education in various discipiines; Now, therefore, be it enacted by the Legislature of Sikkim in the Seventy-second Year of the Republic of lndia, as follows:
CHAPTER1
PRELIMINARY
Short title, 1. (1) This Act may be called the Sikkim Skill University Act, 2021. extent and
commencement e) lt shall extend to the whole of the State 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:
(a) "Academic Council" means the Academic Council of the University;
(b) "Act" means The Sikkim Skill University Act, 2021
(c) "Affiliated College" means a college or an institution which is affiliated to the University;
(d) "AlU" means Association of lndian Universities;
(e) "Annual Report" means the Annual report of the university as referred to in Section 42 of the Act;
(0 "Authority" means the authority of the University;
(g) "Board of Management" means the Board of Management of the university as constituted under Section 21 of the Act;
(h) "Campus" means the area of university within which it is established;
(i) "Chancellor" means the Chancellor of the University appointed under Section 12 of the Act;
0) "DC!" means Dental Council of lndia;
(k) "Dean" means head of a Faculty of the University;
(l) "DEC" means Distance Education Council;
(m) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over internet, other interactive methods, e-mail, internet, computer, interactive talk back e-learning, correspondence course, seminar, contact programmes or a combination of any two or more of such means;
2
(n) "Employee" means an employee appointed by the University,and includes teachers and other staff of the University or of a constituent college;
(o) "Endowment Fund" means the endowment fund of the University established under Section 47 o'fthe Act;
(p) "Examination Centre" means an examination centre established or recognized by the University for the purposes of conducting examination of full time, part time, online education and external students registered with the University;
(q) "Faculty" means a Faculty of the University;
(r) "Fee" means collection of money made by the University from students for the purpose of any course of study and incidental thereto, in the University;
(s) "Finance Committee" means the Finance Committee ofthe University;
(D "General fund" means a general fund of the University established under Section 48 of the Act;
(u) "Governing Body" means the Governing Body of the university constituted under Section 20 ol the Act;
(v) "ICAR" means the lndian Council of Agricultural Research, a trust registered under the lndian Trusts Act, 1882;
"lNC" means the lndian Nursing Council;
"lnternship" means on-job training, apprenticeship, or a professional training of students with academic studies;
"lnternship Campus" means a centre established, maintained or recognized by the University for the purpose of lnternship and Training or for rendering any other assistance including conducting contact classes and administering examinations required bythe students;
(z) "NMC" means the National Medical Commission; (aa) "NCTE" meanS the National Council for Teacher Education; (bb) "Notification" means the notification published in the Official Gazette;
(cc) "Off-Campus" means a Campus of a University established by it outside the main campus (within or outside the state) operated and maintained as its constituent unit, havingthe University's complement of facilities, faculty and staff; (dd) "Official Gazette" means the Official Gazette of Sikkim; (ee) "Off-Shore Campus" means a Campus of a University established by it outside the country, operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff; (w)
(x)
(v)
3
(ff) "PCl" means Pharmacy Council of lndia; (gg) "Prescribed" means prescribed by the Statutes, Ordinances, Regulations or the rules made under this Act; (hh) "Principal" 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 as appointed to act as Principal;
(ii) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinatingand supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;
(jj) "Registrar" means the Registrar of the University appointed under Section 12 of the Act;
(kk) "Sponsoring Body" in relation to this Act means the KVN Skill Foundation, Delhi;
(ll) "Skill Centre" means a skill centre which provides skill development and vocational education programs to students, youth and other stakeholders;
(mm)"State" means the State of Sikkim;
(nn) "State Government" means the State Government of Sikkim;
(oo) "Statutes", "Ordinances" and the "Regulations" means respectively, the statutes, ordinances and regulations of the University made by it under this act:
(pp) "Study Centre" means a centre established, maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students;
(qq) "Teachers" means a Professor, Associate Professor, Assistance Professor/Lecturer or such other person asmay be appointed for imparting instructions or conducting research in the University or in a constituent college or institution and includes the Principal of a constituent college or institution, in conformity with the norms prescribed by the University Grants Commission;
(rr) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956; (ss) "University" means the Sikkim Skill University, established under this Act, within the meaning of University Grants Commission Act, 1956;
(tt) "Vice-Chancellor" means the Vice-Chancellor of the University appointed under Section 14 of the Act;
4
Objects ofthe University (uu) "Vocational Education" means such education that prepares a person to work as a technician in a trade, craft, or in support role in professions such as engineering, accountancy, nursing, medicine, architecture, law, etc. CHAPTER -2
THE UNIVERSITY AND ITS OBJECTIVES
3. The objects of the University shall include,-
(a) to emerge as one of the foremost institution of quality in skill education recognized by industry, nationally and internationally;
(b) to develop qualified youth with skill proficiency and competency at different levels as per National or State qualifications of skill education;
(c) to establish facilities for education and training;
(d) to promote skill education in an integrated and holistic manner with higher education pathways for progression and mobility;
(e) to carry out teaching, research and offer continuing education programmes;
(f) to create centres of excellence for research and development, relevant to the needs of the State and for sharing knowledge and its application;
(g) to establish campus in the State;
(h) to establish examination centres;
(i) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any other method of evaluation while doing so, the University shall ensure that the standards of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by the regulating bodies;
0) to set up campus centres, subject to applicable rules or regulations;
(k) to engage in areas of specialization with proven ability to make distinctive contributions to the objectives of the University education system that is academic engagement clearly distinguishable from programmes of an ordinary nature that lead to conventional degrees in skill education, vocational education, arts, science, engineering, medicine, dental, pharmacy, management routinely offered by conventional institutions;
(l) to provide opportunities for flexible learning systems and skill development;
5
(m) to frame credit framework for competency based skill and vocational education;
(n) to exchange expertise and best practices in support of skill developments efforts with any other college, institution, organization, university,etc;
(o) to disseminate knowledge or skill through seminars, conferences, executive education programmes, community development programmes, publications and training programmes;
(p) to undertake programmes for the training and development of faculty members and teachers of the University and other institutions;
(q) to undertake collaborative research with other organizations;
(r) to create entrepreneurs by providing necessary skill and support;
(s) to establish broad-based, and viable under-graduate, post-graduate and research programmes in several disciplines with firm interdisciplinary orientation and linkages;
(t) to create an lndustry Academia partnership by inviting industry and institutions for mutual benefits; and
(u) to pursue any other objects, as may be prescribed. lncorporation
University to be
self-financed.
No Power of
Affiliation
4.(1)
(2)
(3)
There shall be established and incorporated a University bythe name of the Sikkim Skill University at Sikkim. The University shall situate and have its headquarters inthe Namthang, Rateypani, South Sikkim.
The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing Body, Board of Management and the Academic Council and all persons, who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Sikkim Skill University, Sikkim.
The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. The University will have Centres of Excellence for promoting professional and vocational education in and outside the country through formal, informal, face-to-face, regular, research, industry integrated, part-time, open, online and virtual education modes.
(4)
(5)
5. The University shall be self-financing and shall not be entitledto receive any grant or other financial assistance from the State Government.
6. The University shall have no power to affiliate or othenruise admit to its privileges any other institution.
6
Powers of the University
7.
The University shall have the following powers, namely:-
(1) to establish, maintain and enforce rules determined by the University from time to time in the manner laid down by the Statutes, Ordinances and Regulations;
(2) to carry out all such other activities as may be necessaty or feasible in furtherance of the object of the University;
(3) to confer degrees, diplomas, certificates or other academic distinctions that conform to National Skill Qualification Framework on the basis of examinations, evaluation or any other method of testing in accordance with the Statutes, UGC, Statutory Bodies and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient causes;
(4) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;
(5) to organ[ze and to undertake extra-mural studies and extension service;
(6) to confer Pre-University Certificate, Associate, Bachelor, Master and Doctorate Degrees or other academic distinctions in the manner and under conditions laid down in the bill;
(7) to hold examinations to grant diplomas, pre-university certificates and to confer degrees or other academic distinctions and on person who:
(a) have pursued a course of study in the University or under online education system;
(b) have carried on research in the University or in the approved institutions or as an external student or under work integrated learning system; or
(c) have successfully completed an internship course or practical training under the conditions prescribed by the regulations.
(8) to provide online education in such subjects and in such manners as may be specified by Academic Council of the University, provided that the University may for this purpose establish a resource centre and collaborate with service providers in various parts of the country and in conformity with the rules and regulations of UGC and State Government;
(9) to launch academic and research programmes and courses, other disciplines of education deemed suitable;
(10) to determine, demand and receive fees, bills, invoices and collect charges to fulfill the objects of the University, as the case may be;
(11) to determine the conditions for working in any other university or organization having specific knowledge, permanently or Ior a specified period;
7
(12) to make provision for extra-curricular activities and training for students and employees;
(13) to appoint the faculties, teachers, officers and employees of the University;
(1a) to co-operate, collaborate or associate with any other institution, industry or any other body for such purpose as the University may determine;
(15) to establish study centres, skill centres and maintain schools, institutions and such centres, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its objects;
(16) to receive donations and gifts of any kind with prior approval of the State Government, to acquire, hold, manage, maintain, lease, mortgage and dispose of any movable and immovable property, including trust and endowment properties for the purpose of the University or a Constituent College with the consent of the landowner subject to the relevant laws of the State;
(17) to establish and maintain halls and to recognize places of residence for students, officers, teachers and employees of the University or a constituent college or of any other main campus and other campuses within the territorial jurisdiction;
(18) to supervise and control the residence, and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their Code of Conduct;
(19) to create posts of academic, administrative and support staff, and other necessary posts;
(20) to co-operate and collaborate with other Universities and institutions in such manner and for such purposes as the University may determine from time to time;
(21) to offer regular, distance learning, continuing education, industry integrated, collaborative industry-based education programmes:
Provided no distance learning programmes leading to a Bachelor's or Master's degree shall be started before at least two batches of students have passed out in the regular mode or five years from the commencement date of the first academic year whichever is earlier;
(22) lo organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for students, industry executives, teachers, developers of coursework, evaluators and other academic staff;
(23) to determine standards of admission to the University and Constituent Colleges, with the approval of the Academic Council;
8
University for all classes, castes creed, religion, etc.
9.
8.
(24) lo make special provisions for students belonging to the State of Sikkim for admission in various programmes of the University, regional centre, campus or study centre;
(25) to make special arrangements in respect of women students as the University may consider desirable;
(26) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;
(27) lo prescribe such programmes of Bachelor, Masters, and Research Degrees and such other Degrees, Diplomas, Charters, Certificates;
(28) to provide for the preparation of instructional materials including films, books, e-Books, DVDs, Websites and other softwares;
(29) to recognize examinations or period of study (whether in full or part) of other Universities, institutions or other places of learning as equivalent to examinations or period of study in the University and to withdraw such recognition at any time;
(30) to create industry-academia partnership by inviting lndustry in the University Campus and other University centres for mutual benefit;
(31) to raise, collect, subscribe and borrow with the approval of the Board of Management whether on the security of the property of the University, money for the purpose of the University;
(32) to enter into, carry out, vary or cancel contracts;
(33) to create, amend and cancel the rules and regulations to fulfill the objects of the University with the approval of State Government;
(34) to cary out all such acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the object of the University;
(35) to do all things necessary or expedient to exercise the above powers.
The University shall be open to all, irrespective of class, caste, creed, religion, region, language or gender:
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admissions to students of the State and socially and economically weaker section of the society, especially for the State of Sikkim.
National and lnternational Accreditation:
(1) The University shall seek accreditation from respective national and international accreditation bodies.
(2) The University shall obtain prior permission or approval from National Accreditation bodies like UGC (University Grants
9
Accreditation
9
Places of Campuses Officers of the University
The Chancellor Commission), NCTE (National Council for Teacher Education), BCI (Bar Council of lndia), AICTE (All lndia Council for Technical Education), AIU (Association of lndian Universities), NIRF (National lnstitutional Ranking Framework), NBA (National Board of Accreditation), DEC (Distance Education Council), ICAR (lndian Council of Agricultural Research), DCI (Dental Council of lndia), NCHRH (NatiOnal Council for Human Resource and Health), NMC (National Medical Council), INC (lndian Nursing Council), NAAC (National Assessment and Accreditation Council) , PCI (Pharmacy Council of lndia), or any other body before commencing any course; permission or recognition from concerned bodies, if required by any Rule for the time being in force, shall be obtained.
(3) The relevant laws, rules, regulations and any such orders in the matter of obtaining approval or recognition or maintaining standards shall apply to the University.
10. The campus of the University shall be in Namthang, Rateypani, South Sikkim and it may have Regional Centres, Study Centres anywhere in lndia strictly in accordance with the UGC (University Grants Commission) regulations or conditions issued by the concerned Statutory Bodies, UGC (University Grants Commission) and State Government from time to time.
CHAPTER .3
OFFICERS OF THE UNIVERSITY
The following shall be the officers of the University namely:
(a) The Chancellor;
(b) TheVice-Chancellor;
(c) The Registrar;
(d) The Finance Officer;
(e) The Controller of Examinations;
(f) The Deans of the Faculties; and such other officers as may be declared by the Statutes to be officers of the University.
(1) The Chancellor shall be appointed by the Sponsoring Body for a period of three years, with the approval of the Government in such manner and on such terms and conditions as may be specified by the Statutes.
(2) The Chancellor shall be the Head of the University.
(3) The Chancellor shall preside over all the meetings of the Governing Body and conVocation of the University for conferring
11.
12.
10
pre-university or online diplomas, degrees or other academic distinctions.
(4) The Chancellor shall have the following powers, namely:-
(a) to call for any information or record;
(b) to appoint the Vice-Chancellor in consultation with and the approval of Governing body;
(c) to remove the Vice-Chancellor with the approval of the Governing Body in accordance with the provisions of law; and
(d) such other powers as may be specified by this Act or the Statutes.
The Vice-
Chancellor
13. (1)
The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as may be specified by the Statutes, and shall hold office for a term of three yearsl
Provided that after the expiry of the term of three years, a person shall, subject to the provisions contained in sub-section (7), be eligible for re-appointment for another term of three years:
Provided further that the Vice-Chancellor shall continue to hold office even after expiry of his term till the new Vice- Chancellor joins. However, in any case, this period shall not exceed one year.
The Vice-Chancellor shall be the principal executive and Academic Officer of the University and shall have the general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University. The Vice-Chancellor shall preside over at the convocation of the University in the absence of the Chancellor.
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 may take such action as he deems necessary and shall, at the earliest opportunity thereafter, report his action to such officer or authority as would have in the ordinary course dealt with the matter:
Provided that, if in the opinion of the concerned officer or authority such action should not have been taken by the Vice- Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final.
lf in the opinion of the Vice-Chancellor, any decision of any authority of the University is outside the powers conferred by this Act, Statutes, Ordinances or Regulations made thereunder or is likely to be prejudicial to the interests of the University, he shall request the concerned authority to revise its decision within fifteen days from the date of decision and in case the authority refuses to revise such decision wholly or partly or fails to take any ll
(2)
(3)
(4)
(5)
The Registrar The Finance Officer
decision within fifteen days, then such matter shall be referredto the Chancellor and his decision thereon shall be final.
(6) The Vice-Chancellor shall exercise such powersand perform such duties as may be specified by the Statutes orthe Ordinances.
(7) lf at any time, upon representation made or otherwise, and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interests of the University, the Chancellor may, by an orderin writing stating the reasons therein, in consultation with the Governing Body ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:
Provided that before taking action under this sub-section,the Vice-Chancellor shall be given an opportunity of being heard.
14. (1) The Registrar shall be a wholetime officer of the University.
(2) The Registrar shall be appointed by the Chancellor in consultation with the Governing Body in such manner and on such terms and conditions of service as may be specified by the Statutes.
(3) The Registrar shall be the Chief Administrative Officer ofthe University. He shall work directly under the supervision, direction and control of the Vice-Chancellor.
(4) He shall be the Member Secretary of the Governing Body, the Board of Management and the Academic Council but shallnot have the right to vote. He shall place before it all such information as may be necessary for the transaction of its business.
(5) The Registrar shall be responsible for the custody of the records and the common seal of the University. He shall receive applications for entrance to the University and shall keep a permanent record of all syllabi, curricula and such other information as may be deemed necessary.
(6) The Registrar shall have the power to enter into agreement or contract and sign documents and authenticate records on behalf of the University and shall exercise such powersand perform such duties as may be specified by the Statutes.
15. (1) The Finance Officer shall be a whole time officer of the University.
(2') The Finance Officer shall be the principal finance, accounts and audit officer of the University.
(3) The Finance Officer shall be appointed by the Chancellorin consultation with the Governing Body, in such manner and on such terms and conditions of service as may be specified bythe Statutes.
(4) The Finance Officer shall-
12
The Controller of 16. (1) Examination
(4)
Dean of Faculty 17. (1) (2\
(2)
(i) advise in regard to the financial policy of the University and be responsible for the preparation of its budget and for the presentation thereof to the Board through the Vice- Chancellor;
(ii) manage the properties, movable and immovable, and investments of the University;
(iii) perform any other duty as specified in the Act or the Statutes or Ordinances made thereunder.
The Controller of Examination shall be appointed by the Chancellor in consultation with the Governing Body, in such manner and on such terms and conditions of service as may be specified by the Statutes.
The Controller of Examination shall be responsible for the due custody of the records pertaining to his work. He shall be ex- officio Secretary of the Examination Committee of the University and shall be bound to place before such committee all such information as may be necessary for the transaction of its business.
Subject to the superintendence of the Vice-Chancellor, the Controller of Examination shall-
(i) have administrative control of Examination and over the employees working under him and have, in this regard, all the powers of the Registrar;
(ii) conduct the examinations and make all other arrangements thereof and be responsible for the due execution of all processes connected therewith.
He shall also perform such other duties as may be prescribed by the Statutes or Ordinances or Regulations.
There shall be a Dean for each Faculty.
The Deans of Faculties shall be appointed by the Vice-Chancellor in such manner as may be prescribed by the Statutes. The Deans shall perform such functions as may be prescribed by the Statutes.
The University may appoint such other officers as may be necessary for its functioning.
The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified by the Statutes:
Provided that, in matters of appointment of Grade l, ll, lll and lV employees, there shall be reservation for local people to the extent given below-
(3)
Other Officers
(3)
18.(1)
(2)
ta
l,
13
Authorities of the University The Governing Body and its powers
19.
(A) Grade lV employees
(B) Grade lll employees
(C) Grade ll employees.
(D) Grade I employees. 1OO"/" reservation for local people; 80% reservation for local people; 607o reservation for local people; 40% reservation for local people.
CHAPTER .4
AUTHORITIES OF THE UNIVERSITY
The following shall be the authorities of the University, namely:-
(i) the Governing Body;
(ii) the Board of Management;
(iii) the Academic Council;
(iv) the Examination Committee;
(v) the Faculties; and such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) The Governing Body of the University shall consist of the following members namely:-
(a) the Chancellor as Chairperson;
(b) theVice-Chancellor;
(c) five persons, nominated by the sponsoring body out of whom two shall be eminent educationists for three years;
(d) one expert of skill development, management or lnformation Technology from outside the University, nominated by the Chancellor for three years;
(e) two persons, nominated by the State Government for three years not below the rank of a Joint Secretary;
(f) the Registra who shall be the Member Secretary.
(2) The Governing Body shall be the supreme authority of the University.
(3) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and direction and to control the functioning of the University by using all such powers as are provided by this Act or as specified in the Statutes, Ordinances, Begulations or rules made thereunder;
(b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Slatutes, Ordinances, Regulations or rules made thereunder;
14
20.
14
(c) to approve the budget and annual report of the University;
(d) to make regulations regarding scheme of examinations and conditions on which the students shall be admitted to the examinations, degrees, diplomas, pre-university certificate or other academic distinctions;
(e) to lay down the policies to be followed by the University; (0 to recommend to the sponsoring body about the voluntary liquidation of the University if a situation arises when smooth functioning of the University does not remain possible in spite of all efforts; and
(g) such other powers as may be prescribed by the Statutes. The Governing Body shall meet at least thrice in a calendar year. The quorum for meetings of the Governing Body shall be 5 members.
21. (1) The Board of Management shall consist of the following members, namely: -
(a) theVice-Chancellor;
(b) two Deans of Faculties by rotation on the basis of seniority;
(c) two persons nominated by the sponsoring body from amongst eminent educationists;
(d) two persons to be nominated by the State Government;
(e) two persons from amongst Professors and Associate Professors by rotation on the basis of seniority; and
(f) The Registrar, who shall be the Member-Secretary.
(2) The powers and functions of the Board of Management shall be such as may be specified by the statutes.
(3) The Board of Management shall meet at least once in every two months.
(4) The quorum for meetings of the Board of Management shall be 5 members.
22. (1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the Statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic Council with the Registrar as Member-Secretary.
(3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and Statutes, Ordinances and Regulations made thereunder, co- ordinate and exercise general supervision over the academic policies of the University.
(4)
(5)
The Board of Management The Academic Council
15
(4) The powers and functions of the Academic Council shall be such as may be specified by the Statutes.
(5) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
The Finance 23. (1) The Finance Committee shall consist of the following members, Committee namely:-
(a) the Vice-Chancellor as Chairperson;
(b) the Registrar;
(c) the Finance Officer who shall be the secretary of the Committee;
(d) nominee from Finance Department, Government of Sikkim (not below the rank of Deputy Secretary); and
(e) two other members as may be recommended by the Sponsoring Body.
(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provision of this Act, Statutes, Ordinances and Regulations co-ordinate and exercise general supervision over the financial matters of the University;
(3) The powers and functions of the Finance Committee shall be such as may be specified by the Statutes.
(4) The quorum for meetings of the Finance Committee shall be such as may be specified by the Statutes.
The Examination 24. (1) There shall be an Examination Committee, the constitution of Committee which shall be as may be provided for in the Ordinances and the Statutes.
(2) The Committee shall be the principal body of the University to take care of examination matters and shall exercise supervision over the examination matters of the University;
(3) The powers and functions of the Examination Committee shall be such as may be specified by the Statutes.
Faculties 25. (1) There shall be such Faculties in the University as may be prescribed by the Statutes.
(2) The constitution of the faculties shall be such as may be provided for in the Ordinances and the Statutes.
(3) Faculty shall perform such functions as may be prescribed by the Statutes.
Other 26. The composition, constitution, powers and functions of other authorities Authorities of the University shall be such as may be specified by the Statutes.
16
Disqualifications27. Proceedings not invalidated on account of
Vacancy
Filling of casual vacancies
Committees
The First
Statutes
28.
A person shall be disqualified for being a member of any ofthe authorities or bodies of the University, if he,-
(a) is of unsound mind and stands so declared by a competent court; or
(b) is an undischarged insolvent; or
(c) has been convicted of any offence involving moral turpitude; or
(d) is conducting or engaging himself in private coaching classes;or
(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere. No act or proceeding of any authority of the University shall be invalid merely for reason of the existence of any vacancy of the authoriV;
29. ln case there occurs any casual or temporary vacancy in any authority or body of the University, due to death, resignation or removal of a member, the same shall be filled, as early as possible, by the person or body who appoints or nominates the member whose place becomes vacant and the person appointed or nominated to the casualor temporary vacancy shall be a member of such authority or body forthe residue of the term for which the person whose place he fills would have been member.
30. (1) The authorities or officers of the University may constitute committees with such terms of reference as may be necessary for specific tasks to be performed by such committees.
(2) The constitution of such committees and their duties shall be such as may be specified by the Statutes.
CHAPTER - 5
STATUTES, ORDINANCES AND REGULATIONS
31. (1) Subject to the provisions of this Act, and the rules made thereunder, the first statutes of the University may provide for all or any of the following matters, namely:-
(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;
(b) the terms and conditions of appointment of the Vice- Chancellor and his powers and functions;
(c) the manner of appointment and terms and conditions of service of the Registrar and Finance Officer and their powers and functions;
I1
17
(2)
(d) the manner of appointment and terms and conditions of service of the employees and their powers and functions;
(e) the terms and conditions of service of employees of the University;
(f) the procedure for arbitration in case of disputes between employees, students and the University;
(g) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships;
(h) provisions regarding the policy of admissions, including regulation of reservation of seats;
(i) provisions regarding fees to be charged from the students;
0) provislons regarding number of seats in different courses; and
(k) holding of convocation to confer degrees, diplomas, pre- university certificates and other academic distinctions. The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1) in the manner hereinafter provided:
(a) The Statutes framed by the Board of Management shall be submitted to the Board of the Governors for its approval.
(b) The Board of Governors shall consider the Statues, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary.
(c) The Board of Governors, if it thinks necessary, may also obtain the opinion of any officer, authority or body of the University in regard to draft of the Statutes before taking it up for consideration.
(d) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Chancellor who may assent thereto or withhold assent or remit to the Board of Governors for re-consideration.
(e) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor. The Statutes shall have effect from such date as the Chancellor may direct.
The University shall submit a copy of the Statutes to the State Government from time to time and the State Government shall publish Statutes in the Official Gazette.
Subject to the provisions of this Act, the subsequent Statutes may provide for any matter and shall in particular provide for the following, namely:-
18
(3)
Subsequent Statutes
32. (1)
Statutes how made
The Ordinances 33. (1)
(2)
(3)
(4)
(a) creation of new authorities of the Universi{;
(b) the establishment, amalgamation, sub-division and abolition of Departments;
(c) creation of posts and procedure for abolition of posts;
(d) representation of teachers in the authorities of the University;
(e) institution of medals and prizes;
(f) revision of fees;
(g) alteration of the number of seats in different academic programmes;
(h) any other matters which by this Act are required to be specified by the statutes.
The Statutes of the University shall be made by the Board of Management with the approval of the Governing Body. Every Statute passed by the Board shall be submitted to the Governing Body who may give or withhold his assent thereto or send it back to the Board for comments or reconsideration. The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes so made in the manner provided in this section:
Provided that Board of Management shall not make any Statute or any amendment of the Statute affecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal and any opinion so expressed shall be in writing and shall be considered by the Governing Body. Every such statute or addition to the statutes or any amendment or repeal of the statutes shall be subject to the approval of the Government:
Provided that no Statute shall be made by the Board of Management affecting the discipline of students and standards of instructions, education and examination, except in consultation with the Academic Council.
Subject to the provisions of this Act, and the Statutes, the Ordinances may provide for any matter and shall in particular provide for the following, namely:-
(a) the courses of study, admission or enrolment of students including regulation of reservation of seats, fee, qualifications or conditions requisite for award of any degrees, diplomas, certificates and other academic distinctions:
Provided that at least 25 percent seats for admission to each academic programme shall be reserved for students who are bonafide residents of the State.
19
(5)
Ordinances made
how 34.
(b) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;
(c) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(d) fees to be charged for the various courses, examinations, degrees and diplomas of the University;
(e) the conditions of residence of the students in the hostels of the University;
(0 provision regarding disciplinary action against the students;
(g) the manner of co-operation and collaboration with other Universities and institutions of higher education;
(h) all other matters which by this Act or Statutes made thereunder are required to be provided by the Ordinances.
(1) The Board of Management may make, amend or repeal Ordinances, in the manner hereinafter provided.
(2) No Ordinances concerning academic matters shall be made by the Board of Management unless a draft thereof has been proposed by the Academic Council.
(3) All Ordinances made by the Board of Management shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks for approval. The Chancellor shall have the power to direct the Board of Management within four weeks of the receipt of the Ordinance to suspend its operation, and he shall, as soon as possible, inform the Board. of Management of his objection to it. He may, after receiving the comments of the Board of Management, either withdraw the order suspending the Ordinance or disallow the Ordinance.
(4) The Board of management shall not have the power to amend any draft prepared by the Academic Council under sub-section (2), but may reject or return it to the Academic Council for reconsideration, in part or in whole, together with any amendments which the Board may suggest.
(5) The Academic Council shall either modify the Ordinances incorporating the suggestions of the Board of Management or give reasons for not incorporating the suggestions, and shall return the Ordinances along with such reasons, if any. The Board of Management shall consider the comments of the Academic Council and shall approve the Ordinances of the University with or without such modification and then the Ordinances, as approved by the Chancellor shall come into force. The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act,
20
Regulations 35.
20
Statutes and the Ordinances made thereunder, own business and of the committees appointed for the conduct of their
by them.
CHAPTER - 6
MISCELLANEOUS
36. (1) Admission in the University shall be merit.
made strictly on the basis ofAdmissions Validity of the
academic award
(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination for admission and achievements in co-curricular and extra- curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State:
Provided that admission in professional and technical courses shall be made only through entrance test.
(3) Seats for admission in the University, for the students belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and PWD (person with disability) students, shall be reserved as per the policy of the State Government.
(4) At least 25"/" seals for admission to each course shall be reserved for students who are bonafide residents of the State.
37.(1)
Degrees, Diplomas and Pre-University Certificates or other academic distinctions awarded by the University shall be recognized for the purpose of employment for post and service under the State Government, provided it has been awarded as per the Statutes and Regulations of the University. Degrees, Diploma and Pre-University Certificates or other academic distinctions awarded by the University shall be recognized for the purpose of further education in other Universities and higher learning institutes, provided it has been awarded as per the Statutes and Regulations of the University. The University may, from time to time prepare and revise, its fee structure and send it to the Government for its approval before 31st December of every preceding academic year and the Government shall convey the approval within three months from the receipt of the proposal:
Provided that the fee structure for each course shall be decided before the issue of prospectus and shall be reflected in the prospectus:
Provided further that the fee structure shall not be revised or modified during the academic year.
(2)
Fee structure 38.(1)
21
(2)
The fee structure prepared by the University shall be considered by a committee to be constituted by the State Government, inthe manner as may be prescribed, which shall submit its recommendations to the Government after taking into consideration whether the proposed fee is-
(a) sufficient for generating-
(i) resources for meeting the recurring expenditure of the University;and
(ii) the savings required for the further development of the University;and
(b) not unreasonably excessive. After receipt of the recommendations under sub-section (2), if the Government is satisfied, it may approve the fee structure. The fee structure approved by the Government under sub-section
(3) shall remain valid until next revision. At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, Schedule of Examinations for each and every course conducted by it and shall strictly adhere to such Schedule:
Explanation,- Schedule of Examination means a table giving details about the time, day and date ol the commencement of each paper which is a part of a Scheme of Examinations and shall also include the details about the practical examinations.
(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in anycase declare the results latest within forly{ive days from such date:
Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the Government. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.
(2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the Schedule of Examination as stipulated in Section 39 and in this section.
The convocation of the University shall be held in every academic year in the manner as may be specified by the statutes for conferring degrees, diplomas or for any other purpose.
(3)
(4)
Examination 39. Declaration of results
40.
Convocation 41.
22
Annual Report 42. Provident Fund 43. and Pension
Disputes
Protection of action taken in good faith
Transitional
Provision
Endowment fund 47.
44
45.
(1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body.
(2) Copies of the annual report prepared under sub-section (1) shall also be presented to the Government.
The University shall constitute Provident Fund and Pension for the benefit of its employees and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
lf any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or another body of the University, the matter shall be referred to the Chancellor whose decision shall be final.
No suit or other legal proceedings shall lie against any officer or another employee of the University for anything, which is done ingood faith or intended to be done in pursuance of the provision of this Act, the Statutes or the Regulations.
Notwithstanding anything contained in any other provisions of this Act, the Statutes or the Ordinances,
(a) the First Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
(b) the First Registrar and the First Finance Officer shall be appointed by the Chancellor shall and hold office for a term of three years;
(c) the First Board of Governors shall hold office for a term not exceeding three years;
(d) the First Board of Management, the First Finance Committee and the First Academic Council shall be constituted by the Chancellor for a term of three years.
(1) The sponsoring body shall establish an Endowment Fund for the University with an amount of surplus one crore, which shall be pledged to the Government once the day to day operation of the University take place.
(2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made thereunder.
(3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made thereunder.
46.
/.J
23
GeneralFund Application of GeneralFund
(4) lncome from Endowment Fund shall be utilized for the development of infrastructure of the University but shall not be utilized to meet out the recurring expenditure of the University.
(5) The amount of Endowment Fund shall be kept invested, until the dissolution of the University, by way of Fixed Deposit Accounts in any Scheduled Bank.
48. University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:-
(a) fees and other charges received by the University;
(b) any contribution made by the sponsoring body;
(c) any income received from consultancy and other works undertaken by the University;
(d) bequests, donations, except from parents and students, endowments and any other grants; and
(e) all other sums received by the University.
49. The General Fund shall be utilized for the following purposes, namely:-
(a) for the payment of salary and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees;
(b) for the expenses to be incurred by the University for services availed including services like electricity, telephone, etc.; for the payment of taxes or local levies wherever applicable; for up-keeping of the assets of the University; for the payment of debts including interest charges thereto incurred by the University;
for the payment of travelling and other allowances to the members of the Governing Body, the Board of Management and the Academic Council;
for the payment of fellowships, free-ships, scholarships, assistantships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student othenruise eligible for such awards under the statutes, ordinances, regulations or rules made under this Act;
for the payment of the cost of audit of the funds created under Section 8 of this Act;
for meeting of expenses of any suit or proceedings to which University is a party;
for the purpose of movable and immovable assets; (c)
(d)
(e)
(f)
(g)
(h)
o
0)
24
Maintenance of Fund
Account and Audit
(k) for the payment of any expenses incurred by the Universityin carrying out the provisions of this Act or the statutes, ordinances, regulations or rules made there under; and
(l) for the payment of any other expenses as approved by the Board of Management to be an expense for the purposesof the University:
Provided also no expenditure shall be incurred bythe University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without its prior approval:
Provided further that the General Fund shall, for the purpose specified clause, be applied with the prior approval of the Governing Body:
Provided further that no portion of income and property of the University shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise, howsoever by way of profit tothe persons who were at any time or are members of the University or to any of them or any persons claiming through them, provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the University or for travelling or other allowances and such other charges.
50. The funds established under Section 47 and 48 shall be regulated and maintained in such manner as may be prescribed by Statutes.
51.(1)
The annual accounts and balance sheet of the University shall be prepared under the direction of Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University;
The annual accounts of the University shall be audited by a Chartered Accountant, who is the member of lnstitution of Charted Accountants of lndia, to be appointed by the Board of Management on mutually agreeable terms for a period of three years; A copy of the Annual Accounts and Balance Sheet together with the audit report shall be submitted to the Governing Body on or before 31"t of December following the close of the financialyear on 31"1March each year;
The annual accounts, the balance sheet and the audit report shall be considered by the Governing Body at its meeting and shall forward the same to the State Government along with its observation thereon on or before 31't December each year; ln the event of any material qualification in the report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.
25
(2)
(3)
(4)
(5)
Mode of Proof of University Report
Power of State Government to inspect the University Dissolution of the University by the sponsoring body
Expenditure of the University during
dissolution
52. (1) A copy, receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University of any entry in any register duly maintained by the University, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution of document or the existence of entry in the register and shall be admitted as evidence of the matters and the transactions therein recorded where the original therefore would, if produced, have been admissible in evidence;
(2) The University shall abide by the UGC (Returns of lnformation by Universities) Rules, 1979 and subsequent amendments. For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government shall cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.
The State Government shall communicate to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective measures as are necessary or as deemed necessary as to ensure the compliance of the recommendations.
lf the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Government may give such directions as it may deem fit which shall be binding on the University.
The sponsoring body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least one year in advance:
Provided that the dissolution of the University shall have effect only after the last batches of students of the regular eourses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. On the dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body as per the terms and conditions under the State Laws:
Provided that in case the sponsoring body dissolves the University before fifty years of its establishment, all the assets of the University including assets of the sponsoring body pertaining to the University shall vest in the State Government free from all encumbrances.
The expenditure for the administration of the University during the dissolution period shall be borne out of its endowment fund, management fund, the general fund or the development fund;
53.(1)
54.(1)
(2)
(3)
(2)
5s. (1)
26
De-recognition of the
Universityby the State Government
(2) lf the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during dissolution of its management, such expenditure may be met by disposing of the properties or assets of the University, by the Sponsoring Body and the State Government.
56. (1) Where the State Government receives a complaint that the University is not functioning in accordance with the provision of this Act or Rules, it shall require the University to show cause within such time, which shall not be less than two months, as to why the University should not be de-recognized.
(2) lf upon receipt of the reply of the University to the notice given under sub-section (1) the State Government is satisfied that a prima facie case of mismanagernent or violation of the provision of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary.
(3) For the purpose of an inquiry under sub-section (2) that State Government shall by notification, appoint an officer or authority not below the rank of Joint Secretary as the inquiring authority to inquire into an allegation of violation of the provision of this Act.
(4) Every inquiring authority appointed under sub-section (3) while performing its functions under this Act shall have all the powers of a Civil Court trying a suit and particularly, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from any office;
(d) receiving evidence on affidavits; and
(e) any other matters which may be prescribed.
(5) if upon receipt of the inquiry report, the State Government is satisfied that the University has violated any provision of this Act, it shall direct the University to make necessary improvement and suggest for proper implementation ol the provision of this Act.
(6) lf it is observed that the University is violating any provision of the Act continuously for three times the State Government may by notification take over its management duly informing the University Grant Commission.
(7) During the period of the management of the University, the State Government may utilize the permanent endowment fund, the general funds or any other fund for the purpose of the Management of the affairs of the University. lf the funds of the University are not sufficient to meet the requisite expenditure of the University, the State Government may dispose of the assets or the properties of the university to meet the said expenses.
21
(8)
57. (1)
Every notification under sub-section (6) shall be laid before the house(s) of the State Legislative Assembly, before implementation. lf it appears to the Government that the University has contravened any of the provisions of this Act, or Rules, Statutes or Ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty five days as to why an order of its liquidation should not be made. lf the Government, on receipt of reply of the University on the notice issued under sub- section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act, Statutes or Ordinances made there under or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider necessary.
The Government shall, for the purpose of any enquiry under sub- section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any such document or any other material as may be predicable in evidence;
(c) requisitioning any public record from any court or office; and
(d) any other matter which may be prescribed. The inquiry officer or officers inquiring under this Act, shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974). On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act, Statutes, or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mismanagement or mal-administration has arisen in the University which threatens the academic standard of the University, it shall issue orders for the liquidation of the University and appoint an administrator.
Special powers
of the
Government
(2)
(3)
(4)
(5)
(6)
The administrator appointed under sub-section (6) shall have all the powers and duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. After having awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to this effect to the Government.
On receipt of the report under sub-section (8), the Government shall, by notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification, the University shall stand dissolved and all the assets of the University including assets of the sponsoring body pertaining to the University shall vest in the Government free from all encumbrances from the date of dissolution.
All assets and properties including the endowment fund, general fund or any other fund and also the liabilities of the University shall belongto the Government in case of dissolution of the University under any clause mentioned hereinabove in the Act.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) matter to be prescribed under clause (d) of Section 49; and
(b) other matters which are required to be, or may be, prescribed by rules under this Act.
(3) All the rules made under this Act shall be laid, as soon as may be after it is made, before Legislative Assembly of the State, while it is in session, and if, before the expiry of the session in which they are so laid the House agrees that the rule should not be made, the rule shall from the date of publication of a notification, have effect only in such modified form or be of no effect, as the casemay be; so, however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done thereunder.
(4) The courses of study to be laid down for all degrees, pre-University certificate and other academic distinctions of the University.
(5) The award of degree, diploma, pre-University certificate and other academic distinctions.
60. (1) lf any difficulty arises in giving effect to the provisions to this Act, the State Government may, by a notification or order, make such
(7)
(8)
(e) Status of Assets, Liabilities on Dissolution and De-recognition Power to make
29
provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty;
(2) Every Order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly provided that no Notification or Order shall be made after the expiry of the period of three years from the commencement of this Act.
Suraj Chettri (SSJS),
L.R.-cum-Secretary,
Law & Parliamentary Affairs Department"
F. No. 11(6s6yL&PADl2o21
S.G.P.G"- 372J Com.ilGazettel 1 00 Cps./20.12.2021
30