Sikkim act 015 of 2020 : The KHANGCHENDZONGA BUDDHIST UNIVERSITY, SIKKIM ACT ACT, 2020

SIKKIM

GOVERNMENT

GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

ThursdaY 08th October, ²⁰²⁰No,²³³Gangtok No^15/LD/2020

The following Act Passed

of the Governor on 21"t^{daY of}

BUDDHIST UNIVERSITY, SIKKIM ACT,^2O2O

(ACT NO.15 OF 2o2o)

AN

ACT

to establish and incorporate a Buddhist University in the state, with emphasis^on providing innovative and high quality programs and-training in Buddhist studies' Education' Vocational Domains, Liberal Arts, Sociai Sciences, Science and Engineering Hospitality and

Tourisrn, Architecture, Medicine and related areas and to provide for matters connected therewith or incidental thereto'

ge it enacted by the Legislature of Sikkim in the Seventy-lirst Year of the Republic^of lndia as follows^:

Chapter^I

PreiiminarY

1.(1)ThisActmaybecalledtheKhangchendzongaBuddhist

UniversitY, Sikkim Act, 2020.

(2) lt shall come into force on such date as the state Government may, by nottfication, in the Official Gazette, appoint' 2,^ln this Act, unless the context otherwise requires '

(a) "Act" refers to the Khangchendzonga Buddhist University, Sikkim Act, 2020;

(b) "Administrative Staff" means all non-teaching employees of^the University;

,

GOVERNMENT CF SIKKIM

LAW DEPARTMENT

GANGTOK

Date: 07,10,2020

NOTIFICATION

bythesikkimLegislativeAssemblyandhavingreceivedassent September. , 2o2o is hereby publlshed for general inf ormation^:.

KHANGCHENDZONGA

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Short Title and

Commencement Def inition

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(d) (e) (f) (g) (h) o

(j) (k)

(c) "Affiliated college" means a college or an University which^is affiliated to the UniversitY;

"Annual Meeting" means the open meeting for stakeholders^as referredtoinciause(m)ofsub-section(1)ofsectionlToftheAct;

"Annual Report" means the Annual report of the University^as referred to in section 36 of the^Act;

"Authorities" refers to groups officially named as authorities'^as listed in chaPter 3 of the^Act;

"Board of Governors" means the Board of Governors of^the University constituted under sections 16 and 17 of the^Act; ..BoardofoverseerS,,meanstheBoardofoverseersofthe University consiituted as per item (i) of the clause (c) of the^sub- section (1) of the Section 17 of the^Act;

,,Board of Management" means the Board of Management^as listed in section^18;

,,Board of studies" means the committee created within^a particular school or college of the university for development^and continued improvemeni of programs and curriculum of ihat college;

,,centre,, means a centre established or maintained by^the University in any place in state of sikkim for the purposes^of coordinating and supervising the work of Centers in such place or region and for performing such functions as may be conferred^on sulh Centre by the Board of Governors, in compliance with^the laws of the State;

,,chancellor" means the chancellor of the University as under section 25 of the^Act;

"Chief Finance Officer" or "CFO" or "Finance Officer" means^the Chief Finance Officer of the University as under section 28 of^the Act;

"Constituent College" means a college or an University maintained by the UniversitY;

,,Dean" in relation to a constituent college, means the Head of the constituent college and includes; where there is no Dean,^the Vice-Dean or any other person for the time being appointed to act as Principal;

,,Distance Education system" means the system of imparting education through any rneans of information technology^and communication such as multimedia, broadcasting, telecasting, online over internet, cther interactive methodS, e-mail, internet, computer, interactive talk back, e-learning, correspondence CoUfse, seminar, contact program or a combination of any two or more of such means;

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(m) (n) (o) (p) a z

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(q) ,'Donor Fund" means the donor fund of the University established under section 33 of the^Act;

(r) "Ernployee" means a full-time or part-time employee appointed^by the University and includes lopons and other staff' of^the University or of a constituent college'

(s) "Faculty" means a teaching facuity of the University;

(t) ,,Fee" means collectton made by the Unlversity fron-r the siudents bywhatevernameiimaybecalledforthepL]rposeofimparting education or any activity connected therewith;

(u)..Financia|-aidpoliCy,,meansthepolicyfordeterminingthe amount of waivers on various fees a student pays to attend^the U niversitY;

(v) ,,Founding Executive Team,,meanS the Founding Executive Team estab!ished under sub-section (1) of section^41;

(w) "Generai fund" means generai fund of the University establrsneci under section 35 of the^Act;

(x) ,,Government" means the Govei'nment of the state of sikkim;

(v) ,,Gyana Sabha" means the Gyana Sabha or Academic council as constttuted under section 19 of^{the Act;}

(z) ,,Higher education" means study of a curriculum or course^for the pursuit of knowledge beyond 10+2 level;

(aa) ,,Hostel" means a unit of residence, by whatever name called, students of the University provided, maintained or recognised it;

(bb) "Lobsang sabha" means the Lobsang Sabha as constituted under section 20 of the Act;

(cc) ,,Lopon,, means a Professor, Associate Professor, Assistant proiessor/Lecturer or such other person as may be appointed for irnparting instruction or conducting research in the University or in a conslituent college or University or for giving guidance to students for pursuing any course of study of the University^and are designated as lopons by the regulations; and includes^the Principal of a constituent college or University; (dd) "Prescribed" means prescribed by the regulations and the Rules made under this^Act;

(ee) ,,Registrar" means the Registrar of the University appointed under section 27 of the Act;

(ff) "Regulations" mean the regulations made under this^Act; (gg) "Rules" means the Rules of the University made under this^Act; (hh) "School" means a school of studies of the University; Ior

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(ii) "sponsor^or sponsoring body" in relation to a University means Denjong charities, a public charitable Trust registered in Gangtok in 1998,

(jj) "State" rrlear)s the State of Sikki;tr;

(kk) "state Fund" means the state Fund established in section^31; (ll) "state Government" rneans the State Government of Sikkim; (mm)"Student of the Lrniv.ersity" means a person enrollec in^the University for iakrnc a course of study for a degree, diplorna^or other academic rJistinction duly instituted by the Unrversity inoluding a researcn ce0ree,

(nn) "Universit5i" r.l:eans l(naltgchenclzonga BuCdhist University, established unoer thrs^Act;

(oo) ,,Vice-Chancellor" means the Vice-Chancellor of the University apoointed uncjer section 26 of the^Act;

(pp) .,Visitor,, meanS the Governor of Sikkim aS per section^24. Chapter^ll

The UniversitY and it's Objects

Establishment of 3. (1) There shall be a University by the name of "Khangchendzonga the University Buddhist Unirrersittz"'

(2) The universitv shali b e a b.tdy ccrporate having perpetual sr.lccession anc a common seal and shail sue and be sueo^by the saio name"

(3) Sponsoring body wili orovide^for:

(a) a minimum o{ 10 acres of ccntiguous la;'rd to the Universitv on a free-noict l-,asis;

(h) req,-rired irrlrast;'ucrure in corrtpliance r,vith^the rninimum requiremer't s,-recrified hy airpiicable regulat'orv bodies for^the specific programs oifered bV lhe University;

(c) a deposit of lNil¹(one) crore with the secretary, Education DePartment, Government of Sikkim;

(d) apooint the required number of faculty and staff membei'sⁱⁿ each department or discipline to be started by the University, as pei. the norms of applicable regulatory bodies for the prograrlls offered bv the University;

(e) purchase adequate equipments, crlmputers, furniture, other moveable and inrmo,ieable assets and infrastructure facilities (other than buiidin,Ss, reierred to irr clause (b) of sub'-section

(3) of section 3 above) as^per the norms of applicable regulating br-rdles;

(f) purchase adequate numbei' of books and ;ournals as per the

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University to be self-f inancing Constituent^and affiliated colleges Objects of the University

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(g) undertake co-curricular activities like seminars, debates,^quiz programs and exlra-curricular activities like games, sports, National service scheme, for the benefit of students as^per the norrns laid down by the regulating bodies'

(4) on^the establishment of the University, the land and othe.r movable and immovable properties acquired, created, arranged^or built for the purpose of the university shall vest in the University' in" t"na, building and other properties acquired for the University shall not be'usel for any purpose other than that for whlch^the same is acquired

(5) (a) The sponsoring Body shall set-up the Authorities and prepare ihe regulations as^per Transitory Provisions in section 41;^and

(b) upon its creation, the Board of Governors shall^{be the} supreme authority of the University.

The University shall be self{inancing and shall not make a demand^for, but may receive, any grant aid or any other financial assistance^from the State Government or any other body or corporation owned^or controlled by the State and/or Central Government and by any other legal source of assistance,

(1) The University may have constituent colleges, regional centers and studY centers,

(2) The University may affiliate study centers, collqges, institutions^o.f higher learning or studies within the State of Sikkim with approval from the state Government and in compliance with the laws^of the applicable regulatory bodies.

(1) The objects of the University shall be to promote knowledge, understanding and growth in all members of the community^by providing reflective educational opportunities, as well as research opportunities, aqd by promoting and creating innovative educational models'in higher education.

(2) The University shall pioneer^an approach of intentional hybridity' where perspectives, approaches and tools from a wide variety^of Sources from all over the world shall be gathered, discussed^and thoughtfully selected and arranged to create a culture of joyful learning. The Unive;sity shall, in organising activities, have due regard to the following objects which the creators have deemed essential to the highest quality educational experience, namely :'

(a) Universal ldeals of Buddhism as a Guiding Force:

(i) to cultivate, explore and study the wisdom philosophy of the Buddha, ancient and modern, with humility and^for the benefit of all sentient beings;

(ii) to reflect on the Buddha's teaching and their application to the modern world;

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(iii) to make ,the Buccha dhar,ra ohilosophy accessible to youth in Sikkim, !ndia and the world,

(iv) to ensure the University community is guided by the following principles:

(i) Rang Sem Rang-ki Tawa: translates as 'Your Mind, Yours to observe'. we understand this to mean that^one should look at one's own inind to find wisdom'

(ii) Karuna: transiates as 'compassion'.^we understand this to mean that one should have compassion, empathy ior^all senttent beings.

(iii) Lay-Guydray: transiates as the law of 'cause and eff ect'. we understand this to mean that there is the principle of cause and effect, action and its results that defines^the order of ihings in the world'

(iv) samaya: iranslates as 'sacred bond'. we undei'stand this^to mean that ihere is a sacred br-rnd between oneself^ano others parents, ic,nons ancj triencis.

(b) lvlission ernd eiucaiionai nnrl,rscr-rh'l shall be^'

(i) to empov,er ano orepare students to t'ar:sform their^own lives and professiorts through an education that makes breakthroughs Possibie;

(ii) to create a 'learning-centric' community where everyone, young and oicj, loca! and foreign, lopon, student^and facilitator, shall be treated as a learner with inrmense potential, both for self-growth and to calalyze the growth of others;

(iii) to create a Iearning t-,rniversity based in^the vaiue^of compassion foi. the struggle of personal and cornmunity- wide transformattoni

(iv) to create a new model of higher education in a way that^is meaningful and impactful and that inspires the development of other UniversitYl

(v) to ensure thai qurallty lriqher eduqation should be a''.ratlable tc ali thrlsie r.triic^3,e able to Senei'it fronr it' including^by ser'/ino thr:l;e whi,i ha'lc beert historicalilr underserved andi o1. p.i;rQl11&l;zeci in 3li was relevant cr w'ho reiuse to confolm to the current system;

(vi) to iocus on the improvernent of the social and economic welfareofthepeopleofSikkimandlndiaaswellas promotetheirintellectual,academicandculturalgrowth;

(vii) to seek common fellowship with other cultures frcm around the world through dialogue, rneditation and inquiry;

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(viii) to promote fundamental skills iike reading, critical thought, discussion, writing and conducting research, all which^are embedded in curriculum;

(ix) to encourage great transformation for students by learning f rom the expertise of educators in lnota anci aroun0 tne world;^and

(x) to culiivate karuna and samaya and thus to enable^the community to appreclate the sacred bonds wrthin^the school, within Sikkim and with peoples worldwioe'

(c) institutional focus shall be^-

(i) to marntain academic freedom and innovative researcn. s c h o I a rs nⁱ p---------------- a n d ie ac h i n g,

(ii) to taKe approoriate measures for promotlng high-quality approaches in the educational process an0ⁱⁿ interdisciPlinarY studies;

(iii) to achieve equality of opportunity and diversity throughout the UniversitY;

(iv) to create ancj sustain a campus with internationai standards of educatlsn;

(v) to creare ceniers of excellence with state of the art facrlities;

(vi) to cari-y out teaching and research and offer continuing education Programs;

(vii) to innovate pedagogy, learning tools and technologies^that encourage student engagement with their own learning p rocess;

(viii) to support international educational standards of learning within the UnrversitY;

(ix) to establish Iinks witn industry and society so that^the programs so offered are reievant to society at large;

(x) to open study centers, off-campus within or out of the State of Sikkim with approval from the State Government andⁱⁿ compliance with the laws of the applicable regulatory bodtes and concerned State Government(s);

(xi) to collaborate with any organization, institution or association in lndia or abroad;^and

(xii) to design develop and offer educational, ti'aining and exchange programes for students, faculty members^and others.

(d) Administration of the University shall be^-

(i) to provide examinations and confer degrees, diplomas^and other academic distinctions or titles onto those people, subject to the conditions as the University may determine;

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(ii) to issue certificates, qualification levels and other academic recognitions, as the University may detei'rnine;^and

(iii) to ensure tnat the standard of degrees, diplomas, certificates and other academic distinctions meet^the minimum standards laid down by the applicable regulatory authorities of the state of sikkim and the Government^of lndia.

(e) Governance slraii i:e^-

(i) to protect^the coliactive student interest through^good governance,

(li) to provide full ancj transparent accountability for public and all other funcling:

(iii) to provide accurate and transparent information that^is publicly accessible, but maintains reasonable individual PrivacY and obeys relevant laws;

(iv) to set high standards of governance and accountability^for its stakeholders;

(v) to create a professional environment where the authorities andofficersoftheUniversitydevelopashared

under.standingg{theUniversity,sgoVernanCeand operationaIexpectationsandhowtheywishtopromote those exPectations;^and

(vi) to pursue any other objective as may be aporoved by^the Board of Gotzernors.

Powers of the The University shall axercrse tl'e following pov/ers and perlorm the University , fcilowing functions 626rely

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(a) to make the ruies ant: regulations,

(b) interpret this Act, and all ruies and regulations herein and notified in the future;

(c) establish, administer and manage the University and^its constituent colleges, schools, institutes and centers for research, education, tralning, extension and outreach;

(d) affiliate study cenrers, colleges, institutions of higher learning^or studies within the State of Sikkim with approval from the State Government and in ccmpliance with the laws of the applicable reEulatory bodies,

(e) offer a reflective education model, as set out in the objects,^that is inclusive of ali learning styles and create an educationai environment that is toil6isive to the pursuit of reflective learning;

(f) sponsor and r;ndertake:esearch and educational orogran:sⁱⁿ lpdia or culsio€ in ihi; apirro,recJ fielcls of education and o[rtatn^the intelleotuai pi'cpoit','r'lgilrs for such researcli or anir other researc^h;

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(s) (h)

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(i) (k) o

(m) provide cutting-edge opportunities for research in higher education inClUding training and oulreach in the field of education; offer joint programes in collaboration with national and international Universities, ind acquire membership of bodies, authorities,^or associations, in such manner and for such Purpose as^the University may determine by the regulations; create an incubator of international partnerships in furtherance^of the objects of the UniversitY;

hold examinations and confer degrees, diplomas and other academic distinctions or titles on Persons subject to^such condition as the University may determine and to withdraw^or cancel any such degrees, diplomas and other academic distinctions or titles in the manner specified under this Act; confer honorary degrees or other distinctions in the manner provided by the regulations;

create such teaching, administrative and support staff and other academic posts as may be required by the University and^to appoint persons to such Posts;

create and institute professorships, associate professorships, assistant professorships, lectureships, and any other teaching, academic or research posts and to prescribe by the Flules the qualifications for the persons to be appointed to such posts; appoint Visiting Professors, Emeritus Professors, Fellows, scholars, Resident Artists, Resident writers or such other persons who may contribute to the achievement of the objects^of the University;

(o) provide for the terms and conditions of service of emptoyees;

(p) regulate the conduct and duties of the employees of^the UniversitY;

regulate and enforce discipline among the employees of^the University and to take such disciplinary measures in this regard as may be deemed necessary;

make arrangements for promoting the professional development, the health and the general welfare of the employees of the University;

determine standards of admission to the University or^a ConstituenUAffiliated College, Regional Centers, Study Centers; establish new standards and assessment tools for secondary schools and higher education and create organizational mechanisms to implement, improve and share them; institute and award fellowships, scholarships, prizes, medals^and other awards, including the creation of financial mechanisms^and instruments for students to fund their education; (n)

(q)

(r)

(s)

(t)

(u)

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(v) regulate the expenditure, manage the finances and maintain^the accounts of the UniversitY;

(w) fix, demand and receive or recover fees and such other charges as may be prescribed by the regulations;

(x) receive funds, voluntary donations and gifts^{oi any} kind^from persons, businesses and any other sections of society, national and international;

(V) acquire, hoid, manage, maintain and dispose of^any movable^or immovable property, including endowment properties for^the purpose of the t-,lniversity or a constituenvAffiliated college or^a b"rpr., Regional Centre, Study Centre, that are from donors within and outsioe lndia, in accordance with lndian law^{and the} laws of the resPective countries;

(z) purchase or to take on lease or accept as gifts, bequests, iegacies or othenrvise any land or building or works which may^be necessary or convenient for the purpose of the University and^on such terms and conditions as it may think fit and proper and^to construct or alter and maintain any such building or works; (aa) raise and borrow money on bond, morlgages, promissory notes^or other obligations or securities founded or based upon all or any^of the prooLrties and assets of the University or without^any securities with the prior permission of the Board of Governors^anC upon such terms and conditions as it may think fit and to payout of the funds of the University, all expenses incidental to^the raising of money, and to repay and redeem any money borrowed; (bb) invest the funds of the University in or upon such financial instruments and transpose any investment from time to time^with the prior permission of the Board of Governors in such manner as it may deem fit in the interest of the University; (cc) execute conveyances regarding transfers, mortgages, leases, licenses, agreements, and other conveyances in respect^of property, movable or imrnovable including Government securities belonging to the University or to be acquired for the Purpose of the Univeisity with the prio; permission of the Board of Governors; (dd) create academic, technical, administrative and other posts prescribing qualifieatioris by the regulations and rules and to^make appointments thereto;

(ee) institute and maintain hostels and recognize places of residence for students of the University or a constituent college at the main campus or in neighboring areas and other campuses in lndia^and abroad;

(ff) delegate all or any of^its powers to any officer or authot'ity of^the UniversitY;^and

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(gg) do all suclr acts and things as the University may consider neCeSSafy COndUciVe Or incidental to the attainment^or enlargement of all or any of the objects'

school of studies 8. (1) There shall be such a number of Schools of Study as determined bY the Board of Governors'

(2) University shall start with the following schools, namely^:-

(a) School of Buddhist Philosophy, which shall cultivate, explore and study the wisdom of the Buddha, ancient and modern, withhumilityandJorthebenefitofalIsentientbeings;

(b) lnstirute of Advancecj Skills, which shall develop reievant skills, mindfulness and soctai aWareneSS ior eager,^non- traditionai siudents and loPons:

(c) schooi of innovative Education, which shall inspire^and create innovative, relevant ano evidence based pedagogy, policy and leadership in eoucation through inquiry, reflection, and intenttonal nYbriditY.

Recruitment of 9, The University shall recruit faculty from lndia and around the world^on Faculty^a merit based system and in alignment to its vision and mrssion and^as may be prescribed per the prescribed rules.

Admission to the 10. The University wilt enroll students from lndia and around the worlo on^a University merit based system and in alignment to its vtsion and mission as^per the rules.

Reservation for lt, (1) The University shall reserve 10 (ten) % of its seats across^all Sikkim Students programs for Sikkimese domicile students'

(2) Admission shall be merit based.

(3) Once accepted, Sikkim domicile students shall have access^to need-based scholarships for financially-qualifieo students^and merit based scholarship as provisioned in the ftnancial-aid policy of the UniversitY

Jurisdiction 1 2. The jurisdiction^oi the University shall extend to the State of Sikkim^as well as to all Campuses and Centers established within the State^of sikkim under this Act, subject to^the applicable laws and norms. University open^13. The University shall be open to all persons irrespective of gender, to all caste, place of birth, sexual orientation, identity, creed, disability, ethnicity or socio-economic background:

Provided that nothing in this section shall be deeme0 to prevent the University from making special provisions for admission to siudents of the State.

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University to be a 14. (1) The University shall be a not-for-profit legal entity. Not-for-profit e) No portion of the surplus in revenue of such university, if there is Entity any after meeting all expenditure in regards to its operations under this Act, shall be invested for any puroose other than^for

the growth and development of this University or for conducting

research rvithin thp i.jnrvarsitv.

Accreditation 15 (1) The University shaii seek reputerJ international accreditation. lt^is

of utmost importance that the accreditation body assess^the

university baseo on international standards of educational^and

oPerational best oractices

(2) The University shall seek accreditaticn from dontestic accreditatron authorities that may be operating or nray be created under the aegis of Government of India, as per the priorities of the programs offered by the University'

Chapter^lll

Authorities of the UniversitY

Authorities of the 16. (1) The following shall be the Authorities of the University:-

University (a) The Board of Governors; and

(b) The Board of Management'

(2) The following slrall be strategic support Bodies for the Authorities:

(a) The Gyana Sa'oira or Acaden'lic Council;^and

(b) The L.obsang S.:5ha c' tlre Council of Pairr:ns/Donors,

(3) Board of Govei.nors firay create additional authorities as per the regulations or support'rodies as per the rules, including but^not limited to :-

(a) Gcl,/ernance Co,"nrriittee;

(b) The Finance Cornrniitee;

(c) University Officer Selection Committee;

(d) SustainabilitY Committee;

(e) RegulationsCommittee;

(f) EquitY Committee:

(g) lnfrastructure Development Committee;

(h) AdmissionsCommittee;

(i) Committee for Prevention of Sexual Harassmertt:^and

(j) Grievanr:e FerJressat Corrnrittee'

(4) Any Cornnrirree createrl 'o1r the Authorities of the University shall have Dov.rrers lirai are limiiecl by the ptovision of this^Act' regulations and rules.

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Board of 17, (1) The Board of Governors shall be the apex authority of the Governors and its University, with its office at the University, and have the following Responsibilities responsibilities under this^Act:

and Powers (a) The Board of Governors must enable the University to achieve and 'develop its mission, vision and objects,^The

members of the Board of Governors, collectively^and

individually, must act in accordance with the following

principles which should be the foundation for the Board^of

Governors behaviour and its decision-making processes.

They are Duty, Self lessness, lnteg rity, Ob jectivity,

Accountability, Openness, Honesty, Leadership, Respect

and ComPassion.

(b) The Board of Governors must be involved in^the devetopment of, take responsibility for, and monitor performance against the lnstitution's strategic plan, which sets the aims and objectives of the lnstitution and identifies the financial, physical and staffing strategies necessary^to' achieve these objectives. lt is also expected to approve^an annual plan that identifies those aspects of the strategic^plan being implemented in the year in question.

(c) The Board of Governors shall create a Board of Overseers to serve in a special oversight capacity assisting^the University in f ulfilling its commitment to accountable, transparent and diligent governance as follows^:-

(i) Board of Overseers will comprise of alumni, academiclans. and representatives of sponsors, employees, donors, students, members of the local community; and other stakeholders.

(ii) The responsibilities, powers, membership and selection process of members of Board of Overseers will be defined in the regulations. The responsibilities^and powers shall include the constituting of a committee at least every three years to evaluate the Board of Governors against international standards and norms of good governance. Such a report shall be published as per the regulations.

(d) The Board of Governors must ensure that the University has appropriate procedures to identify and actively manage risk which could threaten the sustainability of the Institution, including the risk of inaction in the face of threat or opportunitY,

(e) The Board of Governors should satisfy itself that^the University has adequate systems and practices for informing and consulting with internal and external stakeholders in relation to. its on-going development and any signlf icant proposals regarding relevant University's policies, t)

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(2)

(f) The Board of Governors shail ensure legal and regulatoi'y compliance.

(g) The Boarcj of Goveil)ors must satisfy itself that^the lnstitution's oolicies and actions are ethical and sustainabie, taking into consideraticn their impact on the environment,^on the wellbeing of its students and workforce, including health and safety issues and fair working practices, and on other communities, whether local or more distant'

(h) The Boarcj of Governors shall ensure good oovernance, which at its most basic is defined as the mechanisms^and culture of the suDreme authority of the University responstble to simultaneousiy ensure both its long term sustainability^and the fulfillment of its mission and vision,

(i) !;centivrze checks and balanoes, trarsparency, the sharing ol diverse ;,'sr5p6;6tives. claar decision nlaking prctocols, continuous professicna! development and reflection on^best practice"

(j) lnstitutionalize the pi-oclivity to^{put the} interest of^the Universit,i first" Defore both individual agendas and^the various oressure groups that will naturally form' (k)].heBoardofGovernorsmustadoptandpubiisha statement of Primary Responsibilities, The Statement^of Primary Responsibilities will include aspects as detailed in the regulations,

(l) The Boar.d of Governors may delegate authority to act on^its behalf as per the provisions of this^Act.

(m) The Board of Governors shall conduct at least one Annual Meeting each year operi to all Unir.rersiiy stakeholders^as detaileo in the regulaiions.

(n) 'rhe Bcaro ii Goverr'tcri.s shorlld satlsfy itself that the Unit,ersit','s St'-rcle;rts' Ccuncil is properl.v resoLlrced arlrj sup;rcrterl tr f':r':utiort as an effective orgat'lisation' The Boarcl of G,-:verncrs slrall have the poiver to^:-

(a) make the presr:i'iL:eo i'ules and regulations;

(b) apooint New Go'rei'ncrs es per regulations;

(c) appoint Vice-Chancelior as per regulations;

(d) appoint Annual Auditor as per regulations;

(e) approve the Annual Budget;^anC

(f) recommend dissolution of the University with consent of^the Sponsors, as per the provisions oJ this Act' Membership of the Board of Governors: The members of^the Board of Governors shall be :-

(3)

(a) made up of alumni, members of the Board of Academicians, and representatiVes of the SponSorS, employees,^and members of the local communltY;

(b) comPrtsed of 9 to 20 members; (c)leobyitsCnairpersonwhoShailbeelecteobythememDei.S of the Board itseif;

(d) eonditionalitres for creation of the Boaro of Governors snall be defined in the prescribed rules;^and

(e) comprised of ex-officro member who shail be Vice- Chancellor.

(4) Nominees to the Board of Governors will be^:-

(a)onemembernominatedbytheEducationDepartment, Government of Sikkim:

(b) One mernber nominated by the Sponsoring Booy:

(c) At least one person well-versed in Sikkimese Budcjhist philosophv, ready to support the tenets used to build^the University and its governance philosophy;

(d) At least two experienced academicians or administrators^of whom:-

(i) one should have worked in a reputed university abroad, ar0

(ii) one should have worked in a reputeci untversity^tn lndia.

(e) at ieast two aiumni, one of whom has graduated within^the previous three Years;

(f) at least two employee rePresentatives of whom^:

(i) one shall be a faculty member who does not hold administrative positions, and is selected as^per regulations;^and

(ii) one shall be an administrative staff memDer who^does not hold a rank of Head of Departrnent or sirniiar at^the University ano is selected as per regulations.

(g) At least two-thirds of the Board members, including^the Chair, shall have no personal or immediate familial^or financial interest in the University;

(h) All nominated members shall be on the Board on a voluntary basis and have a non-operational role in the University;

(i) Honoraiy seats may be provisioneo as^per the regulation.

(5) For Board of Governors the selection shall be defined criterraⁱⁿ the regulation.

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(6) Selection process fcr the Board of Governors shall be organised as Per the regutattons.

(7) The ternr of the ine.noei's of tl're Board of Governcrs^:-

(a) Members,r,rill have a ternn of three years and rnay have a maximum of iwo terrns,

(b)TermsofrrremberswillbestaggeredtoenSUi.e administrairve conti nuitY

(B) Meetings of the Boarcl of Governors shall be held regularly, wherein the Board^I

(a) shall meet quarterlY,^ano

(b) may call for additional meetings, as required'

(9) Quorum of meetings of the Board of Governors shall be 2l3rd^ot the members of the Boarci.

(10) There will be Chairperson of the Board of Governoi's who shall^-

(a) be the chief faciiitator of the Board of Govertrors and first among eouais'

(b) be eler;tec iry the rnernbers of the Board of Gcvernors^The process for seleclirrg that person wilf be managed as per the t'ogulations;^alro

(c) hold the office fo:^a period of three years. The ohair shall lacilitate the n-reeting of the Board of Govarnors'

(11) The Boarcj of Gcvernors shall ensure that all changesⁱⁿ regulations and rules shall be cirafted and revie\^/ed and published as Per the i'egutations.

powers and 18. (l) Subject to the provisions of this Act, the following shall be the functions of duty of Board of Management' as the case may^be' Board of Besponsibilities of the tsoard of Management, wiil be as per the Management regulations and include^:-

(a) be the main executive authority of the University;

(b) maintain oversight of the operations and drive continuous improvenrent in all academic and administrative functtons and Prooesses of the UniversitY;

(c) recomr]lend str,ategic decisionS, goals Io the Board^of Gcvern<,,rs and orrersee its successflrl execution;

(d) ensitre ali reqi;;;lLory compliance through tlre officers of^the iJ niver-siiy;

(e) rnaintain finarlcial cversigtli and control, in ac.cordance t'ttith the annual trudget aporoved by the Board of Governors;^and (f)reviewand;.eccmmendtherecruitrrtent,appraisalsand promotion processes of administratii.,e staff of the University to the Board of lV'lana.gernent,

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16

(2) Powers of the Board of Management shall be defined as^per reguiati0ns and shall include, but shall not be limited to ;

(a) take decisions on important matters of University operations, inaliEnrneniwiththestrategyandgoalssetforthbythe Board of Governors;

(b)approVetherecruitmentandappraisalofaIlfacultyand administrativestaffmembersaSpertheregulations;

(c) sanction seats and approve the admisslon of students across varlous programs as may be prescribed;^and

(d) create committees, as provided under this Act, to manage universitY oPerations,

(3) Membership of the Board of Management snall consist of :

(a) faculty, admrnisirators, and the Vice-Chancelior;

(b) B -12 members;

(c) Ex-officio members of the Board, which will comprise of^-

(i) Vice-Chancellor as the Chairperson;

(ii) Dean of Scnools;

(iii) Chief Finance Officer;

(iv) Any other Officer, prescribed by the regulations;

(v) Registrar as SecretarY;^and

(vi) Other members will be nominated as per the regulations.

(4) Conditionalities for creation of the Board of Management shall be as prescribed.

(5) The selection criteria ano process, terms, meetings, quorum and selection processes of the Board of Management wili be as^per the regulattcns

Gyana Sabha or 19" (1) Responsibilities of the Gyana Sabha shail be as per the Academic Council regulations and inciude^:

(a) maintain academic oversight of the university including continuous academic innovation;

(b) recommend strategic academic goals^to the Board of Governors and oversee its successful execution;

(c) be the custodian of the academic, intellectual environment^of the UniversttY;

(d) oversee proposals for the creation of new programs and recommend such decisions to the Board of Management,^as per the regulations;

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(e) approve of Board of Studies for various Schools;

(f) receive and review recommendations from Board of Studies for different Schools:^and

(g) review and recommend the recruitment, appraisals^and promotron processes of faculty from various Schools to^the Board of it'lanagement

(2) Powers of the Gvana Sabha shall be defined as prescribed anC shall include, but shali not be limited to :-

(a) review ano reccmmenc the recruitment anc apPraisal^of facul'iv and academlc staff members to the Board^of Management' as perthe regulations;

(b) recommend the award of degrees, diplomas as per the regulations:^arrd

(c)createCcmrniitees,asperregttlations'tomanage academics Df'ocesses.

(3) The Gyana Sabha rnav have any other power granted^as per the regulations.

(4) Membership; The Gyana Sabha constituted under this Act shall be made uP of^-

(a) faculty, Deans, Heads of centers and the Vice-chancellor;

(b) B -12 members;

(c) Ex-officio members of the Gyana Sabha shall comprise^of-

(i) Vice-Chant:eilor a.s the Chaii'person;^and

(ii) Dssns of Schools.

(d) other rnem'ners sha.il be noi'ninated as^{per the} regulatiot'rs.

(5) The selection criteria attd process, terms, meetings, quorum and selection processes of Gyana Sabha shall be as per the regulations.

(6) conditionalities for ci'eatiort of the Gyana sabha shall^{be as} prescrlbed.

Lobsang Sabha 20. (l) The responsibilities of the Lobsang Sabha shall be as per the or the Council of regulations and include^-

oo'.t;:lr' '"0 (a) :1".i^::ii?':r::.:o"ice to Board or Governors' especiarlv on financial matters;

(b) provide advice and guidance for the University;

(c) Prcnrote the UniversitY;^and

(d) nreet with the Board oJ Go'vernors annually'

(2) Powets of the Lobsarrg Sabna shall lre to^" - t8^-

18

Administrative Groups within the University Disqualif ications and Removal of Governors

Vacancies not to invalidate^the constitutlon of or the proceedings of any Authority or Body of^the University

(a) receive and review the Annual Report from BoarC^of Governors;

(b)providerecommendationstoBoardofGovernors,and

(c) elect a Chair of Lobsang Sabha.

(3) Membership, seleclion criteria, terms, meetings, quorum and selection processes of Lobsang Sabha shall be aS pei'ihe regulations.

(1)^The tsoard of Governors, Board of ti,4anagemenl, Gyana Saoha and the Vice-Chancelior shall have the authority to create structures andior comrnittees that will enable the running of^the U niversitY.

(2) Such structures shall be created as^{per the} rules and regulattons approved by the Board of Governors,

The criteria and process for determining disqualification, removal, resignation and deemed reslgnation to be prescribed by regulattons.

23. No act or proceedings of any authority of the University shall be invaltd rnerely by reason of any vacancy in or defect in the constitution^of, any authority or body of the University,

21

22

Chapter^lV Officers of the UniversitY Visitor 24 (1) The Governoi' of Sikkim shail be the Visitor of the University.

(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University and to submit^a report thereon; and upon receipt of that report, the Visitor may^call for a special Meeting of the Board of Governors to address^the rePorl.

(3) The Visitor shall also have the right to cause an inspection to be made by such person or persons as he may direct of^the University. its buildings, laboratories and equipment an0 of any University maintained by the University, and also of^the examinations, teaching and other work conducteci or done by^the University ano to cause an inquiry to be made in respect of any matter connected with the University,

(4) The Visitor shall in every case give notice of cause of inspection to the Unlversity, and the University shall be entitled to appoint^a representative who shall have the right to be present and^be heard at such inspection or inquiry.

t, -

19

Chancellor Vice-Chancellor Registrar

.Chief Finance Off icer

(5) The Visitor rnay address the Vice-Chancellor of the University with reference to the result of such insoection and inquiry,^and the Vice-Chanceilor shall communicate to the Board of Governors the rriews of the \/isitor with such advice as the Visitor may offer uPon the action to be taken tnereon,

(6) The Board ot Governor shall communicate through the Vice- chancellor of the i-.lniversity to the Visitor such action, if any, as^it is proposed to iake or^has been taken upon the result of^such inspection or lnquiry.

25, The Chancellor may be appointed by the Board of Governors ancj hisi her duties and role shall be such as may be conferred as imposed upon him/her by this Act or rules made thereunder'

26. (i) The Vice-Chancellor shall be the Chief Executive Officer of the university and shail be i'esponsible for the financial^and operatio nal alf airs cf tlrer Urriversity and shall oversee^all managemeni of ihe Universi'tY

(2.) Helshe shall be the only employee of the Board of Governors^and shall be ex-officio rnember on all standing committees of^the Board of Governors as per the regulations'

(3) Apooinments, Powers and Duties of the Vice-Chancellor shall^be in such marlner and on such terms and conditions of service^as may be Prescribed bY reguiations.

27. (1) The Begistrar shali be appoiniecl on such terms and conditions^as may be prescribed by and shall report directly to the Vice- Chancellor The Registrar shall^-

(a) be the custodian of records and the common seal;

(b) have the pcwer io enter into, and sign agreements^and authenticate records on behalf of the University;

(c) exercise sucn other powers^and perform such other duties as may be prescribed or may be requirec from time to time, bY the Vice-Chancellcr, and

(d) be bourrc io nlace before the Vice-chancellor or^any cther authority, ail such into''ma,tion and documents as may^be necessary for- the transaction of their business' 28 (1) The Chief Finance Officer shall be appointed on such terms^and conditions as may be prescribecl by the reguiaticn and shall report directlY to the Vice-Chanc-ellor,

(2) when the cffice of^the Finance officer^is vacant or when^the Finance officer is, by reason of illness, absence or any other cause, unable to oerform the duties of his ofJice, the duties of the office shall be Performed by such a person as the Vice- Chancellor may appoint for the purpose'

an

20

(3) The Chief Finance Off icer shall be ex-off icio Secretary of the FinanCe COmrnittee, but Shall not be deemed to be a member^of such Committee.

(4) The chief Finance offlcer shall exercise generai supervtston^over the funds of tne University and snall advise it as regards^its {inancial PoltcY'.

(5) The Chief Finance officer shall have such authority^and responsibility as laid down in the regulations' Other Officers 29, (1) The Board of Governors may appoint other Officers, as required, and as Per the regulations'

Administrative Bodies e) J:;#:::';J,3o,o:, .["3];li'ffi;i: ;.TiXil,: :ii,",JI;"J::

of the University shall be such as may be prescrlbeo by^the

regulations,

Chapter^V

Financing and Funds

Funds of the 30. (1) University shall maintain three funds created for three distinct University Purposes, namely

(a) state Fund: A seed account used primarily^to grow funds^and used as contingency purposes (including meeting statutory dues and compliance) and justify liquidity and solvency;

(b) General Fund: A current account operated to meel tne day to day needs of the University which will essentially^be based on annual budgets;^and

(c) Donor Fund: An account accrued from private donations^and used for any purposes deemed appropriate by the board^of Governors, including development/infrastructure purposes and to support the fulfillment of the general fund commitments.

Deposit with^31. (1) The following shall be the sources of State Fund:-

State Fund (a) The Sponsoring Body shall deposit INR 1 (one) Crore for the University as the State Fund with the Education Department, Government of Sikkim, having its principal office at Gangtck.

(b) Government shall place 25"k of income back into the State Fund, and shall make available 75"k of income to the University 's General Fund.

(2) Application of State Fund shall be as follows^:-

(a) Except for the dissolution of the University, in no other circumstances can any monies be transferred from the State Fund for other purPoses.

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General^Fund and

its Sources

32,⁽¹⁾

Donor^Fund

(4)

r.r. (ll Maintenance of Funds

(3)

34.⁽¹⁾

\z)

Annual accounts 3ir,⁽¹⁾ and Audit

(2)

(3)

(b) The University, if required, may use 75% of the interest income received from the State Fund for the development^of infrastructure of the University. lt may not be used to meet any recui't'inc +xpenCiture of the LJntversity' The balance^and unutilizecl inte:est incorne will be acldec to the state Fund. The Universitv shall establish a General Fund to which^the following amount snali be credited, namely^;-

(a) fees and other charges received by the University;

(b) for procuremenr and upkeep of the assets of the University;

(c) any inccme received f rom consulting work and other^work unJertake;r by the University in pursuit of and in rneeting^its objec'lives

(d) interest income from State Funci; and

(e) other sums received by the University. The funds credited to the General Fund shall be applied to meet all the recurring expenditures of the University' Application of iunds of the General Fund shall be carried outⁱⁿ the manner as may be Prescrioeci'

Management cf runcis shall be such as ma.y be prescribed' Sources cf funris shali be^-

(a) The University shall establish a donor fund. This fund shall be constituted from donations and other funds from time to time. The fund shall be divided into two categories, nameiy^a short-term Donor Account and a long-terrn University Endowrrteni Fund,

Application of funo's siail be carrieci out in the manner as may^be prescribed.

Management of furtds shall be such as may be prescribed' The Deposit with state, General and Donor funds shail have^the supervision and control of the Board of Governors and shall be regulated and maintained in srtch manner as may be prescribed. The University shali abide by all laws and regulaiions, foreign^and domestic, r'egardinq foreign donations.

The annuai frn,nr,.:ia1 siatenrents of tire University shail^be prepared Un(tier the rJir+ctir-rr, o1 the Chief Finance Cfficer of^tne U6iver'sitv, as ileI thc apnllcabie laws of tlre Siate of -qikkim^or may be Prescribeo

The Boai.d of Governors shall be responsible for overseeing accurate and detailed preparation of the audited annual financial statements, and the timely sUbmission 0l the Same with^the

(2)

(2)

1''

22

(3)

Annual Report to the Authorities and Bodies of the University^and the State Government, as per the regulations, Government.

Annual Report ^{36, (1)}

Rules 37.⁽¹⁾

(2) The process for submitting, gaining approvals for,^and disseminating the Annual Report shall be as per the regulations. ChaPter^Vl

Rules and Regulations

Power to make rules: The State Governrnent may by notification in the official Gazette may make rules for carrying out^the provisions of this Act,

ln particular, and without prejudice to the generality^{of the} foregoing power, such rules may provided for all or any of^the following matters namelY^:-

(a) the admission of students to the University and their enrolment as such;

(b) framing of policy for admissions, including regulation^of reservation of seats;

(c) the pattern of learning process and the courses of study^to be laid down for all degrees and other academic distinctions of the University;

(d) the conditions of the award of fellowships, scholarships, studentships, medals and Prizes;

(e) the provisions regarding exemption from payment of tuition fee a.nd awarding scholarships and fellowships to the students;

(f) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University,^the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same;

(g) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners, invigilators, tabulators and persons entrusted with the responsibility of evaluation; -23-

(2)

(h) fees to be charqec for the various courses, examinations, ciegrees, cjistincticns rrr diplomas of the University;

(i) provision^of various student faciliiies and services provided by the University including but not limited to student housing;

(j) provision regarding disciplinary action against the students;

(k) the creatlon, composition and functions of any other^body which is considered necessary lor improving the academic standards of tne UniversitY;

(l) the nranner of ccoDeration and collaboration with other Universitres ano institution of higher education;

(m) the terms a,"c conciitions or which pei'sons working in an approveo;nstituiion,o!'inanyinstitutionco-operating, coilu'oo,.aiing oi asscciating with the University, may^be aporoved and for v;ithdrawinE such approval; (n)theapprr:priate|oolsandmechanismsusedbyChief Finance Officer Ic mcnitor finances;

(o) the purposes ancJ processes for which cartificates awarcled bytheGyanaLlabhaoftheUniversityrrrayberecognised by the UniversitY;

(p) the educaiional experimentation ancj the creation, conrposition and functioning of any other body which^is consldered necessary for improving the academic iife of^the UniversitY;

(q) accounting pclicy and financial procedure;

(r) representation of looons in the authorities of the University;

(s) crcation ol neur deoar[ments and abclition or restructuring^of e;(isting dcpartrnents and facuities and t'rreir management, supeivisir..,r' and ir,sPactioll ;

{t) the appointment o{ iep6;15 and other employees of the University, their emoiuments and other conditions of service:

Pr.ovidedthaithetermsandconditionsofloponsand employees shall not be varied to their disadvantage;

(u) the appointment of professors and r;ther academic staff working iir any other University or organisation for^a specified period for urrdertaking a joint crcject;

(v) the concjrtions ol se[vice of employees including provisions for establishing and offering oension, insurance. provident fund, the manner of termination of service and disciplinary action;

(w) the appcirrtnnent of visiting Professors, Emeritus Professot's, Fellows. scholars. Besident Artists and Residentr writers, and the terms arrd conditions of such appolntment; t,

24

(x) the maintenance of discipline among the employees^and students of the University;

(V) orocedure for creation and abolition of posts;

(2) Unlversity fellowships, scholarships, studentships, free ships, medals ano Prizes;

(aa) the procedure for conferment cf honorary degrees; (bb) the conditions unoei' which colleEes and lnstttutions may^be admitted to the privileges of the University ano^the withdrawal of such Privileges;

(cc). the operation of the permanent Deposit with State Fund,^the General Fund and the Donor Fund;

(dd) the process^for appointing outside expens; (ee) requirements for Board of Governors members' professionai develoPmenl commitments;

(ff) provisions fot' honorary seats;

(gg) the constitution, powers, functions of the Student Council; (hh) the mode of recruitment and the terms and conditions of service of the other officers, lopons and employees of the Universityl

(ii) the procedure^for resolving disputes between the University and its officers, faculty members, employees and students; (jl) the procedure in relation to any appeal or application^for review by any' employee or student of the University, against the actron of any officer or authorrty of the University, including the time within which such appeal or application^for review may be Preferred or made;

(kk) the manner of cooperation with other Universities^or Universities of higher learning;

(ll) the establishment of campuses, special centers, specialised laboratories or other units for research and instruction; (mm) the witndrawai of degrees, diplomas, certificaies ancj other academic distinctions:

(nn) the constitutron and activities of the Alumni Association;^and (oo) such other matters which are required to be provtded^{by the} rules or under this Act.

(3) The rules shall be framed by the Founding Executive Team and shall be submitted to the Board of Governors for its approvai.

(4) The Bcard of Governors shall consider the rules, submitted^by the Founding Executive Team and shall seek approval f rom^the State Governrnent. The Government shall consider the rules submitted by ihe University and shall give its approval with^such modification as it may deem necessary.

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(5) The Universitv shali nublish the rules, as appi'oved by the state Governmertt. ancj trrereafier, the rules shall come into force^from the date o{^its purolicri:tion

(6)^The Board of Governors shall^not propose the draft of^any i'ules affecting the status, powers or constitution of any Authority of^the University until such Authority has been given an opportunity^of expressing the opinton upon the proposal'

(7) Honorary degrees shall be awarded as may be prescribed' Regulations 38. (1) The powers to make regulations: Tlre state Government may^by notification make reguialion,s for carrying out the provisions^and other^Act.

(2) subject to the provislons of this Act and the rules made there under,thereguiarionsoftheUniversitymayprovidefor,butnot belimitedto,alloranyofthefollowingmatters,namely;-

(a) the constrtution, oowers anc iunctions of Authorities^and other Bodies cf the University, as may be constituted^from time to ttmel

(b) rhe pr.ocedrtre fo: transac[ion of business of the Artthorities of the unrversil;; arrd ihe ccmposition of bodies not specified in tiris^Act,

(c) the selection and cr:ntinuance in office of thre members^of the said authorities and bodies, the filling up of vacancies^of members and all other matters relating to those ar:thorities and other bodies for which it may be necessary or deslrable to Provide:

(d) the delegation cf powers vested in the officers or authorities of the Unir'rersity;

(e) the management of Colleges and lnstitutions established^by the Univei'sitY,

(f) the terms and conditions of appointment of^the Vice- chancellor, the Begistrar and the chief Finance officer^and their Powers and functions;

(g) the ternrs and concJitions for the appointment of^the Chancellor;

(h) the selecii,'l't ilfid itssessrnent process fcr the chair of the Boarci t:f '.ic','errrclt's,

(i) tl-re corrstitutiorr, powel's, functiorts and seiection processes ur4 s1i{e!'ia cf the Finance Committee, the Lobsang Sabna' the Gyana Sabha anci other authoriiies;

(j)theprocessforselectingfoundingmembersofLobsang Sabha;

(k) process and conrJitions for the disqualification and removal of a Goveroor;

-26-

(l) process for adding and changing rules;

(m) utilization of the General Fund; powers 1o invest the University Endowment Fund; the process for submitting, gaining approvals for,^and disseminating the Annual RePorl;

(p) membership, conditionalities, criteria and selection process of Board of Overseers;^and

(q) all other matters which by or under the provisions^of this Act require to be specified by the regulations.

(3) The Government shall consider the regulations, submitted by the University and shall give its approval with such modification as^it may deem necessarY.

(4) The University shall publish the regulations, as approved by the Government, and thereafter, the regulations shall come into force from the date of its Publication,

(5) Subject to the provisions of this Act, and the rules made thereunder, the regulations 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 excluding those defined in this Act;

(b) the terms and conditions of appointment of the Vice' Chancellor, his powers and functions;

(c) the manner and terms and conditions of appointment of the Registrar and the Chief Finance Officer, their powers and f unctions;

(d) the manner and terms and conditions of appointment of other officers and lopons and their powers and functions

(6) (a) The Board of Governors may make new or additional regulations or amend or repeal the subject to provisions of this Act.

(b) The Board of Governors shall not propose the draft of any regulation aftecting the status, Powers or constitution of^any. authority of the University until such authority has been given an opportunity of expressing their opinion of the draft proposal, and all opinions on the matter shall be expressed in writing. (n)

(o)

27-

27

Chapter^Vll Miscellaneous Student Council 39. There shall be constituted in the University, a Student Council for each of the schools of the University, in each academic year, as^{may be} prescribed.

Transitory

Provisions

Protection against

Action takenⁱⁿ

Good Faith

Acts to have^42.

Overriding Effect

Removal^of

Diff iculties

40

41

No suit or other legal oroceeding shall proceed against any officer^or empioyee of the unlversit,;-, ,nclr-:ding the Founding Executive Team,^for ,ny u.tion which is done. or intended to be done, in good faith^{and in} puisuit of the provisions of this Act. the regulations and/or the rules'

(1) The Sponsorino Bodv shall constitute a Founding Executive Tearn, through a resolution prior to the passage of the Act'^thai shall act as the representative of the sponsor and as authorities in all matters inVolving the University until such time as^the members of the Authorities of the University are appornted^and regulations and 'ules are approved by tne state Government, (2\ The mernbers of ihe Founcling Executive Team, will^have responsibilitres that shall cover ail aspects of starting^the University including but not limited to^:-

(a) authority to open bank accounts,

(b) writing thg Iy-laws for and constituting all Authorittes^and Bodies;

(c) planning and exEcuting construction of campus;

(d) writinq rules and regulations,^and

(e) seleciinc firsi rnr;mbers of the Board of Governors inciuding the first',lice-ill-rancellor ancj the chancellor as^per provisions of the Act.

(3) The initial Board of Governors will conduct the first process^of bringing on new Boar| members. The Board of Governcrs shall f,en ue self-pespetuating as^{per the} provisions of this Act, rules and regulations.

The provistons of this,Act. ri-iles and regulations shall have effect notwithstarrdit-r!l anyihing to the contrary thai is oontained in the Constitution of India. or anlr othei'laiar, for the tirne it is in force' which is made by the state Legislature relating to the Untversity.

(1) Power to remove difficulties: lf any difficulty arises in giving effect to^the provisions of this Act, the State Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it^to be necessarY ior' 'emovinE the oifficulty:

Providecl that n0 such <:i'der shall be made under this section after the exptry cf a p+r'iocJ oi two years frcn'i the commencernent of this^Act,

)o

28

Conditions^of service of employees Right to Appeal Pension^and

Provident^Fund Disputes as to constitution^of University Authorities^and Bodies

Dissolution^of University

44. (1) Employees shall be appointed as per the rules, Disciplinary action against employees Shall be governed by procedure prescribed in the rules.

(2) Any dispute arising out of the contract between the university^and an employee shali be resolved in the manner provided for in^the written contract and in accordance with the rules'

45. ln case of disciplinary actions by the University against its employee^or student, the aggrieved employee or students shall have a right^to appeal as may be Prescribed.

46. The University shall constitute for the benefit of its employees^such provident or pension fund and provide such insurance scheme as^it may deem fit in suCh manner and Subject to such conditions as^may be prescribed.

47.|t any question arises in regard to whether a person has been^duly selected or appointed, or is entitled to be selected or appointed,^{aS a} member of any authorlty or other body of the University, the matter shall be referred to the Board of Governors who will initiate^a procedure as Per the regulations,

48, (1) The Board of Governors, with consent from the sponsors,^may recommend to'the Government to dissolve the University^by giving a notice to this effect in the manner as may be prescribed to the employees and the students of the University at least^one year in advance^:

(a) Provided that dissolution of the University shall have effect' only after the last batch of the students of the regular courses have completed their courses and have^been awarded degrees, diplomas or awards, as the case^may be;^and

(b) furlher provided that such dissolution of the university shall not have any adverse effect on the validity of degrees, diplomas or awards conferred on the students.

(2) On identification of mismanagement, mal-administration^and indiscipline, the Government shall issue directions to the management of the University to set right the administration. lf^the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University shall vest with the Government.

(3) On the dissolution of the university, all the assets and liabilities^of the University shall vest in the sponsoring body.

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Expenditure^of the University during

Dissolution Special powers of Government Po,arer to add, amend, substitute or alter the^Act of the University complete their courses of studies in such manner as may be specified by the regulations,

49. (1) The expenditure for administratlon of the University during^the taking over periorj of its management shail be met out of^the Endowment Fund, General Fund or the Development Fund,

(2) where the dissoli-ition of the University is due to mis-managemen'i or rnal-administration, the Government is at liberty to identify^the persons respcnsible for such mis-management or^mal- administration and to impose penalty as it deems^fit'

(3) lf^the f unds ref erred to in clause (1) of section 30 are^not sufficrent to rneet the expenCiture of the University during^the dissolution, such expenditure ma)/ be met bl' rjispcsing of assets of the Univetsity. by tne State Gcvernrneni'

5C. (1) The Unii,ersity Lierng sponsored by a Tiust 'ruholly composed of members Irom. a minority religion is recogntzed as a Minority Education lnstitution as per Article 30 (1)of the Constitution^of lndia,

(2) All Government powers regarding the University shall be as^per laws pertaining to Minority Education lnstitutions'

51. Notwithstanding anything contained in the Act, the Government rnay, from time to time, add" amend, substitute or atter such Act as may^be deemed necessary,

Jagat B.^Hai (SSJS)

L.R-cum-SecretarY

Law DePartment

S.G,P.G. 233/ Co,"n. 2lGazelte /1 00 Nos./ Dt: 08,1 0'2020

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