SIKKIM ORGANIC AGRICULTURE UNIVERSITY ACT, 2023

Act No. 10 of 2023

30th June, 2023

An Act to provide for the establishment and incorporation of the Sikkim Organic Agriculture University in the State of Sikkim, and to confer the status of a Private University thereon and for matters connected therewith and incidental thereto. WHEREAS, with a view to provide instruction, teaching training and research in specialised fields Agriculture, Finance and Management, Law, Education, various branches of Science and Technology and related subjects and make provisions for research, advancement and dissemination of knowledge to the youth at their door steps; AND WHEREAS, Vocational and Skill Education Development Council has been incorporated under the Companies Act, 2013 having corporation no. U80301DL2022NPL399940 on 14th June, 2022 under the Ministry of Corporate Affairs, Government of India; NOW THEREFORE, the Vocational and Skill Education Development Council int

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S.1 Short title, extent and commencement

(1) This Act may be called the Sikkim Organic Agriculture University Act, 2023.

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

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

S.2 Definitions

In this Act, unless the context otherwise requires;

(a) "Academic Council" means the Academic Council of the University as specified in section 24 of the Act;
(b) "Administrator" means an administrator appointed by the State Government;
(c) "Annual Report" means the Annual Report of the University as referred to in section 41 of the Act;
(d) "Affiliation" together with its grammatical variations, includes in relation to an institution of skills education or training establishments, recognition of such institution and training establishment by the University and association of such institute and training establishment with the University;
(e) "Board of Management" means the Board of Management of the University as constituted under section 23 of the Act;
(f) "Campus" means the area of the University in which it is established;
(g) "Chancellor" means the Chancellor of the University appointed under section 12 of the A

S.3 Establishment of University

(1) There shall be an established University by the name 'Sikkim Organic Agriculture University'.

(2) The headquarters of the University shall be within the State of Sikkim and shall be situated at Mendo Gaon, Soreng District.

(3) The University shall start operation only after the State Government issues the letter of authorization.

(4) The University shall meet the conditions mentioned in the schedule A of the Act within the stipulated time.

(5) The Governing Body, the Board of Management, the Academic Council, the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Teachers, the Chief Finance and Accounts Officer and such other officers or members or authorities so long as they continue to hold such office or membership of the University hereby constitute a body corporate by the name of the University.

(6) The University shall function as non-affiliating University and they shall not affiliate any other college or insti

S.4 Properties of the University and its Application

(1) On the establishment of the University the land and other movable and immovable properties acquired, created, arranged, or built by the University for the purpose of the University in the State of Sikkim shall vest in the University subject to the provisions of this Act.

(2) The land, building and other properties acquired for the University shall not be used for any purpose other than that for which the same is acquired.

(3) The properties, movable or immovable, of the University shall be administered by the Governing Body in such manner as may be provided for by the regulations.

(4) The properties in the name of the University under sub-section (1) shall be applied for meeting the liabilities of the University in the event of dissolution or winding up of the University in such manner as may be prescribed in the rules.

S.5 Restrictions and obligations of the University

(1) The tuition fees for professional courses such as Agriculture, Pharmacy, Management, Agriculture Engineering, Medical related to Veterinary, Food Processing, etc. in the University shall be determined by the University under the supervision of the regulatory body notified by the State Government from time to time.

(2) Admission in the University shall be strictly on the basis of merit. Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by the University or an association of the Universities conducting similar courses or by any agency of the State Government:

Provided that the admission in professional educational colleges or institutions of the University shall be governed under the provisions of the Regulatory Bodies.

S.6 Objectives of the University

The objects of the University shall be to disseminate and advance knowledge and skill by providing instructional, research and extension of facilities and in such branches of learning as it may deem fit and the University shall endeavor to provide to students and teachers the necessary atmosphere and facilities for the promotion of:

(a) innovations in education leading to restructuring of courses, new methods of teaching, training, and learning including online learning, blended learning, continuing education and such other modes and integrated and wholesome development of personality;
(b) studies in various disciplines;
(c) inter-disciplinary studies as per New Education Policy 2020;
(d) National integration, secularism and social equity and international understanding and ethics.
(e) engage and collaborate with industry partners and educational institutions, for establishing training institutions, training centres and center of exc

S.7 University open to all irrespective of sex, religion, class, color, creed, or opinion

No person shall be discriminated against or be excluded from any office of the University or from membership of any of its authorities or from admission to any course of study leading to a degree, diploma or other academic distinction on the grounds of sex, race, creed, class, caste, place of birth and religious belief or political or other opinion.

S.8 Powers and Functions of the University

The powers and functions of the University shall be:-

(a) to administer and manage the University, establish, administer and manage its constituent colleges and centres for research, education, training, extension and outreach including continuing education, distance learning and e-learning at its campus within the State of Sikkim;
(b) to provide for research, higher education, professional education, teaching training, extension and outreach including continuing education, distance learning and e-learning in the fields of agriculture, finance and management, law, education, various branches of science and technology and related subjects;
(c) to conduct innovative experiments in educational technologies, teaching and learning methods, to collaborate with national and international institutions and to offer joint programmes with such institutes to constantly improve the delivery of education and to achieve international standards of education;

S.9 Bar to affiliation

(1) The University shall not admit any college or institution to the privilege of affiliation.

(2) The University may open any off campus, offshore campus, and study centre, examination centre in the State of Sikkim only after the prior approval of University Grants Commission or such regulatory body established by the State or Central Government, as the case may be.

(3) Courses under Distance mode can be started only after the prior approval of University Grants Commission or such regulatory body established by the Government.

S.10 Officers of the University

The following shall be the officers of the University namely:

(a) The Visitor;
(b) The Chancellor;
(c) The Vice-Chancellor;
(d) The Pro-Vice-Chancellor;
(e) Director/Principal;
(f) The Registrar;
(g) The Chief Finance and Accounts Officer;
(h) The Controller of Examinations;
(i) The Dean of Students Welfare;
(j) The Dean of Faculty;
(k) The Proctor; and
(l) Such other officers as may be declared by the Statute to be the officers of the University.

S.11 The Visitor

(1) The Governor of Sikkim shaft be the Visitor of the University.

(2) The Visitor shall, when present, preside at the convocation of the University for Conferring Degrees, Diplomas, charters, Designation and certificates.

(3) The Visitor shall have the right to visit the University or any institution maintained by the University to ensure the standard of education, discipline, decorum and proper functioning of the University.

S.12 The Chancellor

(1) The Chancellor shall be appointed by the Sponsoring Body for a period of 5 (five) years with the approval of the Visitor by following such procedures and on such terms and conditions as may be prescribed. On the expiry of the term, the Chancellor may be reappointed by the Sponsoring Body in consultation with the Visitor.

(2) The Chancellor by virtue of his office shall be the head of the University.

(3) The Chancellor shall preside over the meetings of the Governing Body and shall, when the Visitor is not present, preside over the convocation of the University for conferring degrees, diplomas, or other academic distinctions.

(4) The Chancellor may in writing under his hand addressed to the head of the sponsoring body resign his office.

(5) The Chancellor shall have the following powers, namely:

(a) to call for any information or record;
(b) to appoint the Vice-Chancellor;
(c) to remove the Vice-Chancellor in accordance

S.13 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor as per the qualifications prescribed by the University Grants Commission and shall hold office for a period of 5 (five) years:

Provided that a person appointed as Vice-Chancellor shall retire from office after the of his office or extension thereof, if any when he completes the age of 70 (Seventy) years whichever is earlier:

Provided further that after the expiry of the term of five years, the Vice Chancellor shall be eligible for reappointment for another term of 5 (five) years.

(2) The Vice Chancellor shall be the principal executive and academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.

(3) In the absence of both the Visitor and the Chancellor, the Vice-Chancellor shall preside over the convocation of the University.

(4) The Vice-

S.14 Removal of the Vice-Chancellor

(1) If at any time and after such inquiry as may be considered necessary, it appears to the Chancellor that the Vice-Chancellor:

(a) has failed to discharge any duty imposed upon him by or under this Act, the Statutes, the Ordinances; or
(b) has acted in a manner prejudicial to the interests of the University, or
(c) is incapable of managing the affairs of the University,

then the Chancellor may, notwithstanding the fact that the term of office of the Vice-Chancellor has not expired, require the Vice Chancellor, by an order in writing stating the reason thereof, to resign from his post from the date as may be specified in the order.

(2) No orders under sub-section (1) shall be passed unless a notice stating the specific grounds on which such action is proposed, has been served and a reasonable opportunity to show cause against the proposed order has been given to the Vice Chancellor.

S.15 The Pro-Vice-Chancellor

(1) The Pro-Vice-Chancellor shall be appointed by the Chancellor in such manner and shall exercise such powers and perform such functions as may be prescribed.

(2) The Pro-Vice-Chancellor appointed under sub section (1) shall discharge his duties in addition to his duties as a Professor.

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

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

S.16 Director(s)/Principal(s)

The Director or Principal shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.

S.17 The Registrar

(1) Registrar shall be appointed by the Chairperson of the Sponsoring Body in such manner, as may be specified in the Statutes. The Registrar shall possess the qualifications prescribed by the University Grants Commission.

(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other power and perform such other functions as may be prescribed.

(3) The Registrar shall be the ex-officio Member Secretary of the Executive Council and the Academic Council but shall not have a right to vote.

S.18 The Chief Finance and Accounts Officer

(1) The appointment of the Chief Finance and Accounts Officer shall be made by the Chairperson of the Sponsoring Body in such manner as may be specified by the Statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified by the Statutes.

S.19 The Controller of Examinations

(1) The Controller of Examinations shall be whole-time officer of the University and shall be appointed by the Chancellor in accordance with the Statutes.

(2) It shall be the duty of the Controller of Examinations:

(a) to conduct examinations in a disciplined and efficient manner;
(b) to arrange for the setting of question papers with strict regards to secrecy;
(c) to arrange for the evaluation of answer sheets in accordance with the planned time schedule for results;
(d) to constantly review the system of examinations in order to enhance the level of impartiality and objectivity with a view to make it better instrument for assessing the attainments of students;
(e) to deal with any other matter connected with examinations which may, from time to time be assigned to him by the Vice-Chancellor.

S.20 Other officers

Manner of appointment and power and duties of the other officers of the University including the Dean of Students Welfare, Dean of Faculty, and Chief Proctor shall be such as may be prescribed.

S.21 Authorities of the University

The following shall be the authorities of the University namely:

(a) The Governing Body;
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee;
(e) The Planning Board;
(f) Such other authorities as may be declared by the Statutes to be the authorities of the University;

S.22 The Governing Body

(1) The Governing Body shall have the following members, namely:

(a) The Chancellor;
(b) The Vice-Chancellor;
(c) The Secretary to the Government, in the Department of Higher and Technical Education, Government of Sikkim or his nominee;
(d) 5 (Five) persons nominated by the sponsoring body, out of which 2 (two) shall be eminent educationists;
(e) One expert of management or technology from outside the University, nominated by the Chancellor; and
(f) One expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority and principal governing body of the University. It shall have the following powers, namely:-

(a) to provide general superintendence and directions and to control the functioning of the University by using all such powers as are provided by this Act, Statutes, Ordinances, Regulations or Rules;
(b) to review the decisions of other authorities

S.23 The Board of Management

(1) The Board of Management shall consist of the following members, namely:

(a) the Vice-Chancellor;
(b) the Secretary to the Government in the Department of Higher and Technical Education, Sikkim;
(c) 2 (two) members of the Governing Body, nominated by the sponsoring body;
(d) 3 (three) persons, who are not the members of the Governing Body, nominated by the sponsoring body;
(e) 3 (three) persons, from amongst the teachers, nominated by the sponsoring body;
(f) 2 (two) teachers, nominated by the Vice-Chancellor.

(2) The Vice-Chancellor shall be the Chairperson of the Board of Management.

(3) The powers and functions of the Board of Management shall be such as may be specified by the Statutes.

(4) The quorum for the meeting of the Board of Management shall be five;

Provided that the Secretary to the Government, Department of Higher and Technical Education, Sikkim, or in his absence, Dir

S.24 The Academic Council

(1) The Academic Council shall consist of the Vice-Chancellor and such members as may be specified by the Statutes.

(2) The Vice-Chancellor shall be the Chairperson of the Academic Council.

(3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, Statutes, Ordinances, Regulations or Rules, coordinate and exercise general supervision over the academic policies of the University.

(4) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.

S.25 The Finance Committee

(1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters.

(2) The constitution, powers and functions of the Finance Committee shall be such as. may be prescribed.

S.26 The Planning Board

(1) The Planning Board shall be the principal planning body of the University and shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or the respective Councils.

(2) The constitution of the planning board, term of office of its members and its power and functions shall be such as may be prescribed.

S.27 Other authorities

The constitution, powers and functions of other authorities of the University, shall be such as may be prescribed.

S.28 Disqualification for membership of an authority or body

A person shall be disqualified from being a member of any of the authorities or bodies of the University, if he:

(a) is of unsound mind and stands so declared by a competent court;
(b) is an un-discharged insolvent;
(c) has been convicted of any offence involving moral turpitude;
(d) has been punished for indulging or in promoting unfair practice in the conduct of any examination, in any form, anywhere, or
(e) is unfit to hold the post, in such case the governing body shall form an opinion in writing that such member is unfit.

S.29 Vacancies not to invalidate the constitution of, or the proceedings of any authority or body of University

No act or proceedings of any authority of the University shall be invalid merely by reason of any vacancy in or defect in the constitution of any authority or body of the University.

S.30 Constitution of committees

The authorities of the University may constitute such committee with such terms of reference as may be necessary for specific tasks to be performed as may be prescribed by the Statutes.

S.31 First statute

(1) Subject to the provisions of this Act, and the rules made thereunder, the First Statutes may provide for all or any of the following matters, namely:

(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;
(b) the terms and conditions of appointment of the Chancellor, the Vice-Chancellor and their powers and functions;
(c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions;
(d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the University;
(f) the procedure for arbitration in cases of disputes between employees or students and the University;
(g) the conferment of honorary degrees;
(h) the provisions regarding exemption

S.32 Subsequent statutes

(1) Subject to the provisions of this Act and the rules made thereafter, the subsequent Statutes of the University may provide for all or any of the following matters, namely:

(a) creation of new authorities of the University;
(b) accounting policy and financial procedure;
(c) representation of teachers in the authorities of the University;
(d) creation of new departments and abolition or restructuring of existing departments;
(e) institution of medals and prizes;
(f) procedure for creation and abolition of posts;
(g) revision of fees;
(h) alteration of the number of seats in different disciplines; and
(i) all other matters which by or under the provision of this Act required to be prescribed by the Statutes.

(2) The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.

(3) The Statutes made un

S.33 First ordinance

(1) Subject to the provisions of this Act, the rules and the Statutes made thereunder, the First Ordinances may provide for all or any of the following matter, namely:-

(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for degrees, diplomas and certificates of the University;
(c) the award of degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same;
(d) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
(e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies examiners and moderators;
(f) fees to be charged for the various courses examinations, degrees or diplomas of the University;
(g) the conditions of residence of the students of the University;
(h) provision regarding disciplinary action aga

S.34 Subsequent ordinances

(1) All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Governing Body shall be submitted to the State Government for its approval.

(2) The State Government shall consider the Ordinances submitted by the Academic Council under sub-section (1) as far as possible within a period of two months from the date of its receipt and may approve it or give suggestions for modifications therein.

(3) The Academic Council shall either modify the Ordinances incorporation the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances along with reason, if any, to the State Government and on receipt of the same, it shall consider the comments of the Academic Council and may approve the Ordinances with or without modifications and it shall be published by it in the Official Gazette, and shall come into force from the date o

S.35 Regulations

The authorities of the University may, subject to the prior approval of the Governing Body make Regulation, consistent with this Act, the Statutes and the Ordinances made thereunder, for the conduct of business of the each such authority and committee constituted by each such authority.

S.36 Powers of State Government to give directions

(1) The State Government may, for the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.

(2) The State Government shall communicate its recommendations to the University on the basis of such assessment for corrective action. The University may adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.

(3) The State Government may give such directions as it may deem fit if the University fails to comply with the recommendation made under sub-section (2) within a reasonable time. The directions given by the State Government shall be immediately complied by the University.

S.37 Power to amend

The power to amend any provisions of the Act shall vest with the State Government.

S.38 Endowment fund

(1) The sponsoring body shall establish an Endowment Fund for the University.

(2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per the provisions of this Act, the Statutes and the Ordinances. The State Government shall have the power to forfeit, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes the provisions of this Act, Statutes, the Ordinances, the regulations or the rules made there under.

(3) The University may utilize the income from the Endowment Fund for the development of infrastructure of the University and not to meet the recurring expenditure of the University.

(4) The amount of Endowment Fund shall be invested in such instruments as the Government may prescribe and kept invested until the dissolution of the University.

(5) In case of investment in long term security, the certificates of the securities

S.39 General fund

(1) The University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely:

(a) fees and other charges received by the University;
(b) any contribution made by the sponsoring body;
(c) any income received from consultancy and other work undertaken by the University in pursuance of its objective;
(d) trusts, bequests, donations, endowments and any other grants; and
(e) all other sums received by the University.

(2) The General Fund shall be utilized for the following objects, namely;

(a) for the repayment of debts including interest charges thereto incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations, and the Rules made there under with the prior approval of the Governing Body;
(b) to upkeep the assets of the University;
(c) for the payment of the fee for audit of the funds created u

S.40 Maintenance of fund

The funds established under section 38 and 39 shall, subject to general supervision and control of the Governing Body, be regulated and maintained in such manner as may be prescribed.

S.41 Annual report

The Annual Report of the University shall be prepared by the University which shall include among other matters, the steps taken by the University towards the fulfillment of its objects and shall be submitted to the State Government.

S.42 Audit and annual accounts

(1) The annual accounts including balance sheet of the University shall be prepared by the University and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose.

(2) A copy of the annual accounts together with the audit report shall be submitted to the State Government.

S.43 Winding up of University

(1) If the sponsoring body proposes to dissolve itself according to the provisions of law governing its constitution or incorporation; it shall record reasons thereof and give at least 5 years prior notice to the State Government.

(2) Notwithstanding, anything contained in the provisions of this Act, where the Sponsoring Body intends to wind up the University, the winding up process thereunder shall be as follows:

(a) resolution to be passed by the Sponsoring Body that it intends to wind up and halt operations of the University; and
(b) after the passing of the resolution as described in clause (a) of sub-section (2) of section 43, a notice shall thereafter be issued by the Sponsoring Body to the Government, 5 years prior to cessation of operations; and
(c) the Sponsoring Body shall halt intake of fresh admissions, upon passage of resolution under clause (a) of sub section (2) of section 43 and issuance of notice under clause (b) of sub-section

S.44 Dissolution of University

(1) The Sponsoring Body who intends to dissolve the University shall give a notice to that effect in the manner as prescribed under clause (a) to clause (b) of section 43 of the act.

(2) The State Government, after due consideration, may dissolve the University in the manner as may be prescribed:

Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or, as the case may be, awards.

(3) On the dissolution of the University on contravention of any of the provision of the Act, Rules, Statutes or ordinances financial management administrative failure or violation of any directives of UGC or the State Government, all the assets of the University shall vest upon the State Government.

S.45 Taking over of the Management by the State Government

(1) In the event of taking over of management of the State Government in any of the conditions mentioned under section 43 and 44 of the Act, the expenditure for administration of the University shall be met out of the endowment fund or the general fund.

(2) If the fund reffered in sub-section (1) is not sufficient to meet the expenditure of the University during the taking of its management, such expenditure may be met by disposing off the property(s) and asset(s) of the University by the State Government.

S.46 Special powers of state government under certain circumstances

(1) Where the State Government is of the opinion that the University has contravened any of the provisions of this Act, the rules, the statutes or the ordinances made thereunder or has violated any of the direction issued by it under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue the notice requiring the University to show cause within 45 (forty-five) days as to why an administrator should not appointed.

(2) On receipt of reply of the University on the notice issued under sub section (1), if the State Government is satisfied that there is a prima facie case of contravention of any of the provision of this Act, the rules, the statutes or the ordinances made thereunder or violation of directions issued by it under this Act or there is financial mismanagement or maladministration, it shall make an order of such inquiry as it may consider necessary.

(3) The State Government may, by Notification for the

S.47 Power of the state government to make rules

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) All rules made under this section shall be laid for not less than 30 (thirty) days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

S.48 Completion of courses of students

Notwithstanding anything contained in this Act or the regulations, any student of the constituent colleges or institutions of the University specified in the Schedule and affiliated to any University who immediately before the commencement of this Act was studying or was eligible for any examination of that University shall be permitted to complete his course in preparation therefore, and the University shall provide for the instruction, teaching, training and examination of such students, in accordance with the courses of studies of the respective University in such manner and for such period as may be prescribed.

S.49 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, take steps not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no notification order under sub section (1) shall be made after the expiration of a period of three years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.