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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(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.
In this Act, unless the context otherwise requires,-
(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).
The objects of the University shall be,-
The powers and functions of the University shall be,--
(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.
(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.
(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
(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.
The following shall be the authorities of the University:-
The Governing Council shall be the supreme authority of the University and shall have the following constitution;-
(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,-
(5) A member of the Governing Council may, by writing, addressed to the Chancello
The Governing Council shall have the following Powers, namely:-
(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
(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.
The Executive Council shall consist of the following members, namely:-
(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,-
(5)
(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:-
(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
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.
(1) The Academic Council shall consist of the following members, namely:-
Provided that an employee of the University shall not be eligible for nomination under above category; and
Subject to the provisions of this Act and the regulations, the Academic Council shall have the following powers and functions, namely:-
(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
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.
Finance Committee constituted by the Executive Council shall consist of the following members, namely:--
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.
(1) The Finance Committee shall have the following powers and functions, namely:--
(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.
(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,-
(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,
(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:--
(3) Where an endowment from a donor is accepted by the University for instituting a Chair,
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.
The following shall be the officers of the University;--
(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
(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,-
(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.
(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.
(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.
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,
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.
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.
(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:--
(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.
(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
No student shall be enrolled as a student of the University, unless he possesses such qualifications as may be prescribed by regulations.
(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,
A student of the University shall study on such terms and conditions as may be prescribed by regulations,
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.
(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.
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.
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.
(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.
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.
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.
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.
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,
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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