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SIKKIM NATIONAL LAW UNIVERSITY ACT, 2018

Act No. 05 of 2018

14th March, 2018

An Act to provide for establishment of the Sikkim National Law University and to encourage the establishment of a national level institution of excellence in the field of legal education and research in the State for matters connected therewith and incidental thereto. BE it enacted by the Legislative Assembly of Sikkim in the Sixty-ninth Year of the Republic of India as follows:

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S.1 Short Title and Commencement

(1) This Act may be called the Sikkim National Law University Act, 2018.

(2) It shall be deemed to have come into force on 1st day of July, 2019.


S.2 Definitions

In this Act, unless the context otherwise requires,-

  • (a) "Academic Council" means the Academic Council of the University;
  • (b) "Bar Council" means the Bar Council of Sikkim constituted under the Advocates Act, 1961 (25 of 1961);
  • (c) "Bar Council of India" means the Bar Council of India constituted under the Advocates Act, 1961 (25 of 1961);
  • (d) "Chancellor" means the Chancellor of the University;
  • (e) "Chief Justice" means the Chief Justice of the High Court of Sikkim and includes the Judge performing the duties of the Chief Justice of the High Court of Sikkim in absence of the Chief Justice;
  • (f) "Executive Council" means the Executive Council of the University;
  • (g) "Finance Committee" means the Finance Committee of the University;
  • (h) "Governing Council" means the Governing Council of the University;
  • (i) "Government" means the Government of Sikkim;
  • (j) "prescribed" means prescribed by regul

S.3 Establishment of the University

(1) There shall be established, in the State of Sikkim, a University by the name of the Sikkim National Law University, Gangtok.

(2) The University shall be a body corporate by the name of "Sikkim National Law University, Gangtok" having perpetual succession and a common seal, and may sue or be sued by the said name and shall be competent to acquire, hold and dispose of property, both movable and immovable and to contract and to do all things necessary for the purposes of this Act,

(3) The seat of the Sikkim National Law University shall be at Gangtok (East Sikkim).


S.4 Objects of the University

The objects of the University shall be,-

  • (a) to evolve and impart comprehensive legal education including distant and continuing legal education at all levels to achieve excellence;
  • (b) to organize advanced studies and promote research in all branches of law;
  • (c) to disseminate legal knowledge and legal processes and their role in national development by organizing lectures, seminars, symposia, workshops and conferences;
  • (d) to promote cultural, legal and ethical values with a view to promote and foster the rule of law and the objectives enshrined in the Constitution of India;
  • (e) to improve the ability to analyze and present for the benefit of the public contemporary issues of public concern and their legal implications;
  • (f) to liaise with institutions of higher learning and research in India and abroad;
  • (g) to publish periodicals, treatises, study books, reports, journals, magazines and other literature on ail sub

S.5 Powers and Functions of the University

The powers and functions of the University shall be,--

  • (a) to administer and manage the University and such centers for study, research, education and instructions as are necessary in furtherance of the objects of the University;
  • (b) to provide for instructions in all branches of knowledge or learning pertaining to law and allied subjects as the University may deem fit;
  • (c) to make provisions for research and for the advancement and dissemination of knowledge of law including through distance learning continuing education programmes;
  • (d) to institute degrees, titles, diplomas, certificates and other distinctions;
  • (e) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such degrees, titles, diplomas, certificates and other academic distinctions subject to such conditions as the University may

S.6 Teaching in the University

(1) All teaching in connection with the degrees, titles, diplomas and certificates of the University shall be conducted in accordance with the syllabi prescribed by the regulations.

(2) The courses and curricula and the authorities responsible for organizing the teaching of such courses and curricula shall be as prescribed by the regulations.


S.7 Visitor of the University

(1) The Chief Justice of India or his nominee, who may be a senior Judge of the Supreme Court, shall be the Visitor of the University,

(2) The Visitor or his nominee, when present, shall preside over the convocations of the University and the meetings of the Governing Council.


S.8 Chancellor of the University

(1) The Chief Justice shall be the Chancellor of the University.

(2) The Chancellor shall preside over the convocations and the meetings of the Governing Council in absence of the Visitor.

(3) The Chancellor may cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries and equipments and of any institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University.

(4) The Chancellor may offer such advice to the University as he may deem fit with reference to the result of such inspection or inquiry.

(5) The University shall communicate to the Chancellor the action taken or proposed to be taken on such advice.

(6) In case of differences among the authorities or officers of the University o

S.9 Vice-Chancellor of the University

(1) There shall be a Vice-Chancellor of the University who shall be appointed in the manner as provided under section 31.

(2) The term of the Vice-Chancellor shall be for a period of five years or till he attains the age of sixty-five years, whichever is earlier.


S.10 Authorities of the University

The following shall be the authorities of the University:-

  • (a) the Governing Council;
  • (b) the Executive Council;
  • (c) the Academic Council;
  • (d) the Finance Committee; and
  • (e) such other authorities as may be declared by the University by regulation to be the authorities of the University,

S.11 The Governing Council and its Constitution

The Governing Council shall be the supreme authority of the University and shall have the following constitution;-

  • (a) the Vice-Chancellor;
  • (b) the Minister for Finance, State of Sikkim;
  • (c) the Minister In charge of Department of Human Resource Development State of Sikkim;
  • (d) the Minister In charge of Department of Law, State of Sikkim;
  • (e) one Judge of the High Court of Sikkim nominated by the Chancellor;
  • (f) Secretary In charge of Human Resource Development Department;
  • (g) the Advocate General, State of Sikkim;
  • (h) the Chairperson of the University Grants Commission or his nominee from among the members of the University Grants Commission;
  • (i) the Chairman, Bar Council of India or his nominee;
  • (j) the Chairman, Bar Council of Sikkim;
  • (k) Chairman, Sikkim State Law Commission;
  • (l) two members of the Executive Council as are not otherwise members of the Governing Counci

S.12 Term of Office of members of the Governing Council

(1) The term of office of members of the Governing Council shall be five years.-

(2) When a person becomes member of the Governing Council by virtue of his office, he shall cease to be such member if he ceases to hold that office.

(3) When a person is nominated as a member of the Governing Council, he shall cease to be such member if his nomination as such is withdrawn by the nominating body or person, as the case maybe.

(4) A member of the Governing Council shall cease to be a member, if he,-

  • (a) tenders his resignation and such resignation is accepted; or
  • (b) becomes of unsound mind and stands so declared by a competent court; or becomes undischarged insolvent; or has been convicted of an offence involving moral turpitude; or
  • (c) has accepted a full time appointment to the post in the University other than the post of Vice-Chancellor.

(5) A member of the Governing Council may, by writing, addressed to the Chancello

S.13 Powers of the Governing Council

The Governing Council shall have the following Powers, namely:-

  • (a) to formulate and review the broad policies and programmes of the University and suggest measures for the development of the University and devise measures for the improvement and development of the University;
  • (b) to direct the Executive Council to take such steps as are necessary for achieving the objects of the University;
  • (c) to consider and pass resolution on the annual report, financial estimates and audit reports on the accounts of the University;
  • (d) to make recommendations to the Chancellor for the appointment of Vice-Chancellor out of the panel recommended by the Selection Committee; and
  • (e) to make statutes concerning the administration of the affairs of the University including prescribing the procedure to be followed by the authorities and the office bearers of the University in the discharge of the functions.

S.14 Meetings of the Governing Council

(1) The Governing Council shall meet at least once in a year. The annual meeting of the Governing Council shall be held on a date fixed by the Executive Council unless some other date has been fixed by the Governing Council in respect of a year.

(2) The Visitor, if present, and in his absence Chancellor shall preside over the meeting of the Governing Council and in the absence of the Chancellor, the Vice-Chancellor shall preside over the meeting.

(3) The Vice-Chancellor shall cause to be laid before the meeting of the Governing Council, a report of the working of the previous year of the University, the annual statement of accounts together with the report of auditors thereon and the budget estimates and the income and expenditure for the next financial year.

(4) The meeting of the Governing Council may be called by the Chancellor, either of his own or at the request of not less than ten members of the Governing Council.

(5) For every meeting of the Gove

S.15 Executive Council

(1) The Executive Council shall be the chief executive body of the University.

(2) The powers of administration and management of the fund and property of the University shall vest in the Executive Council.


S.16 Constitution of the Executive Council

The Executive Council shall consist of the following members, namely:-

  • (a) the Vice-Chancellor of the University;
  • (b) a member of the Governing Council, nominated by the Chancellor;
  • (c) the Chief Secretary to the Government or an officer not below the rank of the Secretary to the Government, to be nominated by him;
  • (d) Secretary Department of Finance to the Government;
  • (e) Secretary In charge of Human Resource Development (Higher Education) to the Government;
  • (f) Secretary In charge of Department of Law to the Government;
  • (g) Secretary In charge of Department of Home to the Government;
  • (h) three Professors of Law outside the University, to be nominated by the Chancellor;
  • (i) Chairman, Bar Council of Sikkim or his nominee;
  • (j) a member of the Governing Council, who is an educationist, to be nominated by the Chancellor; and
  • (k) two teachers of whom one shall be Professor and one sha

S.17 Term of Office of the members of the Executive Council

(1) The term of office of members of the Executive Council shall be three years.

(2) When a person becomes a member of the Executive Council by reason of office or appointment he holds, his membership shall stand terminated when he ceases to hold such office or appointment.

(3) When a person is nominated as a member of the Executive Council, he shall cease to be such member if his nomination of such membership is withdrawn by the nominating body or person, as the case maybe.

(4) A member of the Executive Council shall cease to be a member if he,-

  • (i) tenders his resignation and such resignation is accepted; or
  • (ii) becomes of unsound mind and stands so declared by a competent Court; or
  • (iii) becomes undischarged insolvent; or
  • (iv) as been convicted of an offence involving moral turpitude; or (other than the Vice-Chancellor or member of the Faculty) has accepted a full time appointment in the University.

(5)

S.18 Powers and functions of the Executive Council

(1) The Executive Council shall be the chief executive authority of the University and, as such, shall have ail powers necessary to administer the University subject to the provisions of this Act and the statutes made there under; and may make regulations for that purpose and also with respect to matters provided under sub-section (2).

(2) The Executive Council shall have the following powers and functions, namely:-

  • (a) to recommend the names of three persons to the Chancellor for appointment as Registrar of the University on the recommendations of the selection committee constituted for that purpose by it and headed by the Vice-Chancellor;
  • (b) to prepare and present to the Governing Council at its annual meeting-
    • (i) a report on the working of the University;
    • (ii) a statement of accounts;
    • (iii) budget proposals for the ensuing academic year after its due approval from the Finance Committee;
  • (c

S.19 Meetings of the Executive Council

(1) The Executive Council shall meet at least once in four months and not less than 15 days notice shall be given of such meeting.

(2) The notice regarding meeting of the Executive Council shall be issued by the Registrar under the instruction:; of the Vice-Chancellor or on the request of the Executive Council.

(3) The Vice-Chancellor or in his absence, any member of the Executive Council, nominated by the Vice-Chancellor, shall preside over the meeting of the Executive Council.

(4) One-half of the members of the Executive Council shall form the quorum at any meeting.

(5) In case of difference of opinion among the members, the opinion of the majority shall prevail.

(6) Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote.

(7) If ur

S.20 Academic Council

The Academic Council shall be the academic body of the University. It shall have powers, subject to the provisions of this Act and the regulations, to control, regulate and maintain the standards of instructions, education and examination of the University and advise the Executive Council on academic matters. It shall exercise such other powers, and shall perform such other duties, as may be conferred or imposed upon it by this Act or the regulations.


S.21 Constitution of the Academic Council

(1) The Academic Council shall consist of the following members, namely:-

  • (a) the Vice-Chancellor who shall be the Chairman;
  • (b) a member of the Bar Council of India, to be nominated by the Chairman of the Bar Council of India;
  • (c) a member of the Bar Council of Sikkim, to be nominated by the Chairman of the Bar Council of Sikkim;
  • (d) one Dean of law faculty of any other University established by Law in the State of Sikkim, by rotation, to be nominated by the Government;
  • (e) all heads of departments;
  • (f) two members of the teaching staff one each representing the Associate and Assistant Professors of the University, nominated by the Vice-Chancellor, for a period of one year on rotation:

Provided that an employee of the University shall not be eligible for nomination under above category; and

  • (g) three persons amongst legal academicians who have achieved their place of eminence in Segal education/re

S.22 Powers and functions of the Academic Council

Subject to the provisions of this Act and the regulations, the Academic Council shall have the following powers and functions, namely:-

  • (a) to report on any matter referred to or delegated to it by the Governing Council or the Executive Council;
  • (b) to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and qualifications, emoluments and the duties attached thereto;
  • (c) to formulate, modify or revise schemes for the organization of the faculties, schools, centers or specialized institutes, and to assign to them their respective subjects and also to report to the Executive Council as to the expediency of the abolition or sub-division of any faculty, school, center or specialized institute, or the combination of one with another;
  • (d) to make arrangements by regulations for the instruction and examination of persons other than those enrolled in the University;

S.23 Meetings of the Academic Council

(1) The Academic Council shall meet as many times as may be necessary, but at least once in six months.

(2) One-half of the existing members shall form the quorum for a meeting of the Academic Council.

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

(4) Each member of the Academic Council, including the Chairman, shall have one vote and if there is an equality of votes on any question to be determined by the Academic Council, the Chairman, or, as the case may be, the member presiding over the meetings shall, in addition, have a casting vote.

(5) Every meeting of the Academic Council shall be presided over by the Vice-Chancellor and in his absence by a member chosen in the meeting to preside on the occasion.

(6) if urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council may permit the business to be transacted by circulation of the papers to the members of the

S.24 Transitory Powers of the Vice-Chancellor

Where any authority of the University is not constituted, the Vice-Chancellor, with the approval of the Chancellor, may discharge all or any of the functions of such authority and, for that purpose, may exercise any power of such authority till such authority is constituted.


S.25 Finance Committee

Finance Committee constituted by the Executive Council shall consist of the following members, namely:--

  • (a) the Secretary (Finance) to the Government or his nominee;
  • (b) Registrar;
  • (c) three members, nominated by the Executive Council of whom one shall be Professor:

Provided that members of the Finance Committee, other than Vice-Chancellor and Professor shall hold office so long as they continue to be members of Executive Council.


S.26 Powers and functions of the Finance Committee

(1) The Finance Committee shall have the following powers and functions, namely:--

  • (a) to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Executive Council;
  • (b) to consider all proposals for new expenditure and to make recommendations to the Executive Council;
  • (c) to consider the periodical statements of accounts and to review the finances of the University, from time to time, to consider re-appropriation statements and audit reports, and to make recommendations thereon to the Executive Council; and
  • (d) to give views and to make recommendations to the Executive Council on any financial matters affecting the University, either on its own motion or on a reference from the Executive Council or the Vice-Chancellor.

(2) The Finance Committee shall meet at least once in every six months. Three members of the Finance Committee shall form the quorum for a meeting.

S.27 Dispute Resolution Committee

(1) There shall be a Dispute Resolution Committee to redress the dispute that may arise between the management and staff, management and students, teachers and students and teachers and management, comprising,-

  • (a) the Vice-Chancellor or his nominee;
  • (b) one member of the Executive Council, nominated by the Chancellor; and
  • (c) one member, nominated by the Chancellor, who is not part of any of the council or committees to the University and who is a distinguished law academic with at least fifteen years' experience in a similar institution,

(2) The Registrar shall be the convener of the Dispute Resolution Committee,

(3) Where the dispute relates to a complaint of sexual harassment, the Dispute Resolution Committee shall be reconstituted by co-opting certain additional members consistent with the law relating to sexual harassment.

(4) The Executive Council, or any smaller body, that may be constituted by it for this purpose,

S.28 Selection Committee

(1) The Executive Council shall constitute Selection Committee for making recommendations for appointment to the posts of Professors, Associate Professors and other teachers of the University.

(2) The Selection Committee shall consist of the following members, namely:--

  • (a) the Vice-Chancellor or his nominee;
  • (b) the Head of the Department concerned, if any, who is not lower in rank than that of the post for which selection is to be made;
  • (c) where an appointment is to be made to any academic post, three experts nominated by the Vice-Chancellor from amongst a panel of names recommended by the Academic Council; and
  • (d) Where appointment is to be made to any administrative post, three experts in the fields of University administration, nominated by the Vice-Chancellor from amongst a panel of names recommended by the Executive Council.

(3) Where an endowment from a donor is accepted by the University for instituting a Chair,

S.29 Standing Committee and ad-hoc Committees

Subject to the provisions of this Act and the regulations, the Executive Council may, by resolution, constitute such Standing Committees or appoint ad-hoc committees of such persons, for such purposes and with such powers as the Executive Council may thinks fit for exercising any power or discharging any function of the University or inquiring into and reporting or advising upon, any matter relating to the University.


S.Chapter V OFFICERS OF THE UNIVERSITY


S.30 Officers of the University

The following shall be the officers of the University;--

  • (a) the Vice-Chancellor or his nominee;
  • (b) the Registrar;
  • (c) Heads of the Departments; and
  • (d) such other officers as may be prescribed by the statutes or regulations,

S.31 The Vice-Chancellor

(1) The Vice-Chancellor shall be an accomplished academician and an outstanding scholar in taw or an eminent jurist. He shall be a whole time salaried officer of the University.

(2) The Vice-Chancellor shall be appointed by the Chancellor on the recommendations of the Governing Council from out of a panel of not less than three persons recommended by the Selection Committee constituted under sub-section (4).

(3) The Selection Committee shall, while submitting the names, also forward to the Governing Council a concise statement showing the academic qualifications and other accomplishments of each of the persons so recommended, but shall not indicate any order of preference;

Provided that if the Chancellor does not approve any of the persons so recommended, he may call for the fresh recommendations.

(4) The Selection Committee referred to in, sub-section (2) shall consist of three members of whom one shall be nominated by the Executive Council, one by the

S.32 The Registrar

(1) The Registrar shall be an academic person in law not below the rank of a Professor shall be appointed by the Chancellor on the recommendations of the Selection Committee constituted by the Executive Council and headed by the Vice-Chancellor in accordance with the provisions of the statutes and regulations,

(2) The Registrar shall,-

  • (a) be ex-officio Secretary of all the authorities, committees and other bodies of the University and shall be responsible for circulation of notices and agenda of all the meetings. He shall note and maintain the minutes of the meetings;
  • (b) be the principal adjutant of the Vice-Chancellor in all matters pertaining to the administration of the University. The Executive Council may entrust to him special responsibilities and powers as may be deemed fit;
  • (c) subject to the provisions of clause (d) of sub-section (8) of section 31, have the power to appoint, with the approval of the Vice-Chancellor, the non-teaching

S.33 Heads of Department

(1) There shall be a Head for each Department in the University.

(2) The powers, functions, appointments and conditions of service of the Heads of the Departments shall be as prescribed by regulations.


S.34 Other Officers and Employees

(1) Subject to the regulations made for the purpose, every officer or employee of the University shall be appointed in accordance with a written contract which shall be lodged with the University and a copy thereof shall be furnished to the officer or employees concerned.

(2) Any dispute arising out of a contract between the University and any of its officers or employees shall, at the request of the officer or the employee concerned or at the instance of the University, be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as prescribed by regulations.


S.35 Statutes and Regulations

(1) First statutes of the University shall be made by the Vice-Chancellor with the approval of the Chancellor. They shall be placed before the Governing Council at its first meeting, which may adopt them with or without modifications. Subsequent statutes or modifications in the first statutes shall be made by the Governing Council.

(2) First regulations of the University shall be made by the Vice-Chancellor with the approval of the Chancellor. They shall be placed before the Executive Council at its first meeting which may adopt them with or without modifications. Subsequent regulations or modifications in the first regulations shall be made by the Executive Council.


S.36 Appointment of first Vice-Chancellor and first Registrar

Notwithstanding anything contained in this Act and the statutes, the first Vice-Chancellor who shall be an accomplished academician in law or an eminent jurist shall be appointed by the Chancellor and shall hold office of the Vice-Chancellor for a period of five years or till he attains the age of sixty- five years, whichever is earlier. The first Registrar shall be an academic person in law not below the rank of a Professor shall be appointed by the Chancellor on the recommendations of the Vice-Chancellor. He shall hold office for a period of five years or till a regular Registrar is appointed, whichever is earlier,


S.37 Discipline

The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of Departments, hostels and institutions.

Notwithstanding anything contained in sub-section (1), the punishment of debarring a student from an examination or rustication from the University, or a hostel or an institution shall, on the report of the Vice-Chancellor, be considered and imposed by the Executive Council:

Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity of being heard to show cause against the action proposed to be taken against him.


S.38 Deemed Validity of Appointments

Notwithstanding anything contained in any other law or instrument having the force of law, for the time being in force, the appointments made to any post in the University in accordance with the statutes or regulations shall be deemed to be valid and in accordance with law.


S.39 University Fund

(1) The University shall establish a fund to be called the University Fund.

(2) The following shall form part of, or be paid into, the University Fund, namely:--

  • (a) all contributions or grants made by the Government, the Central Government, the Bar Council of India, the Bar Council of Sikkim or the University Grants Commission;
  • (b) the income of the University from all sources including income from fees and charges; and
  • (c) all income or money from trusts, bequests, donations, endowments, subventions and other grants.

(3) The University Fund shall, at the discretion of the Executive Council, be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934, or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.

(4) The University Fund may be expended for such purpose of the University and in such manner, as may be prescribed by regulations.

S.40 Annual Accounts and Financial Estimates

(1) The annual accounts of the University shall be prepared under the directions of the Executive Council.

(2) The Executive Council shall prepare, before such date as may be prescribed by regulations, the annual financial estimates for the ensuing year and place the same before the Governing Council.

(3) Where expenditure in excess of the amount provided in the budget is required to be incurred, the Executive Council may, for reasons to be recorded in writing, incur expenditure subject to such conditions and restrictions as may be prescribed by regulations and a report of such excess expenditure shall be made to the Governing Council at its next meeting.

(4) The accounts of the University shall be audited by the auditors appointed by the Executive Council:

Provided that the Government may, whenever it considers necessary, direct that audit of the accounts of the University, including the institutions managed by it, shall be audited by such auditors as i

S.41 Qualifications for Admission of Students

No student shall be enrolled as a student of the University, unless he possesses such qualifications as may be prescribed by regulations.


S.42 University to follow Government Policy in regard to Reservation

(1) The University shall adopt the policy of the Government and orders issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Persons with Disabilities (PWD) for appointment to different posts and for the purpose of admission of students.

(2) Thirty five percent of the seats for admission to each course shall be reserved for students who are bona-fide residents of Sikkim:

Provided that if the requisite number of students fail to apply for the reserved seats, University shall be entitled to fill such seats on the basis of merit from the students residing anywhere in India.

(3) Ten seats shall be reserved for Non Resident Indians or the persons sponsored by them,


S.43 Terms and Conditions of study

A student of the University shall study on such terms and conditions as may be prescribed by regulations,


S.44 Honorary Degree

The Governing Council may, on the recommendations of not less than two-third of members of the Academic Council, confer by resolution, honorary degree or academic distinction, on a person who has eminent attainment and position.


S.45 Withdrawal of Degree or Diploma

(1) The Governing Council may, on the recommendation of the Executive Council, withdraw any degree, title, diploma, certificate, other distinction or privilege conferred on, or granted to, any person who has been convicted by a court of law for an offence involving moral turpitude or if he has been guilty of gross misconduct, by a resolution passed by majority of the total membership of the Governing Council and by a majority of not less than two-third of the members of the Governing Council present and voting,

(2) No action under sub-section (1) shall be taken against any person unless he has been given an opportunity of being heard to show cause against the action proposed to be taken.

(3) The resolution so passed by the Governing Council shall take effect immediately and the copy of the same shall be sent to the person concerned.


S.46 Execution of Contracts

All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and such contracts shall be executed on behalf of the Executive Council by the Vice-Chancellor when the value of the contract is more than twenty lakhs rupees and by the Registrar when its value does not exceed twenty lakhs rupees.


S.47 University to follow Rules, Regulations, norms of the Regulating Bodies

Notwithstanding anything contained in this Act, University shall be bound to comply with ail the rules, regulations, norms of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.


S.48 Appointment of Review Commission

(1) The Chancellor shall, at least once in every five years, constitute a Commission to review the working of the University and to make recommendations,

(2) The Commission shall consist of not more than three eminent educationists, one of whom shall be the Vice-Chancellor, appointed by the Chancellor in consultation with the Government,

(3) The terms and conditions of appointment of the members shall be such as may be determined by the Chancellor.

(4) The Commission shall, after holding such enquiry as it deems fit, make its recommendations to the Chancellor.

(5) The Chancellor may take such action on the recommendations as he deem fit.


S.49 Officers and Employees to be Public Servant

Every officer and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.


S.50 Proceedings not Invalidated by Vacancies

No act or proceedings of any authority or body of the University shall be invalid on the grounds merely of the existence of any vacancy in or any defect in constitution of such authority or body.


S.51 Protection of action taken in good faith

No suit shall be instituted against or other legal proceedings shall lie against or no damages shall be claimed from, the University, the authority or officer of the University, in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations.


S.52 Sponsored Scheme

Notwithstanding anything contained in this Act or the regulations, whenever the University receives funds from any State Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the University,

  • (a) the amount received shall be kept by the University in a separate account and shall be utilized for the purpose of the scheme only; and
  • (b) The staff required to execute such scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization.

S.53 Power to remove Difficulties

If any difficulty arises in giving effect to the provisions of this Act or the regulations, the Government may, by order or as occasion requires, do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to it to be necessary or expedient for the purpose of removing the difficulty. Every such order shall have effect as if such action had been taken under this Act or the regulations:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.


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