MAHATMA GANDHI UNIVERSITY (AMENDMENT) ACT, 2025

Act No. 09 of 2025

19th March, 2025

AN ACT to amend the Mahatma Gandhi University Sikkim Act, 2022 (Act No. 21 of 2022). Be it enacted by the Legislature of Sikkim in the Seventy-sixth Year of the Republic of India as follows: -

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S.1 Short title, extent and commencement

(1) This Act may be called the Mahatma Gandhi University (Amendment) Act, 2025.

(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 Amendment of section 2

In the Mahatma Gandhi University Sikkim Act, 2022 (hereinafter referred to as the "Principal Act"), in section 2, -

(i) after clause (a) the following clause shall be inserted, namely: "(aa) "Act" means the Mahatma Gandhi University Act, 2022;";
(ii) after clause (c), the following clauses shall be inserted, namely: - "(ca) "AIU" means the Association of Indian Universities; (cb) "Authority" means the authority of the University;";
(iii) after clause (j), the following clause shall be inserted, namely: - "(ja) "Dean" means the head of a Faculty of the University;";
(iv) after clause (n), the following clause shall be inserted, namely: - "(na) "Examination Centre" means an examination centre established by the University for the purpose of conducting examination of full time, part time, online education and external students registered with the University;";
(v) after clause (p), the following clause shall be inserted, namely: - "(pa)

S.3 Amendment of section 3

In the principal Act, in section 3,-

(1) for sub-section (2), the following shall be substituted, namely:- "(2) The University shall be situated at Daramdin in Soreng District, Sikkim.";
(2) for sub-section (3), the following shall be substituted, namely:- "(3) The operations of the University shall be deemed to commence from the date of publication of the notification in the Official Gazette as specified in sub-section (3) of section 1 of the Act.;
(3) in sub-section (4), after the words "the stipulated time", the words "as determined by the State Government" shall be inserted;
(4) sub-section (7) shall be omitted;
(5) for sub-section (9), the following shall be substituted, namely: - "(9) The University may establish or maintain training institution and skill training centres, either by itself or in collaboration with the industries or corporations recognised by the State Government.";
(6) for sub-section (10), the followi

S.4 Amendment of section 6

In the principal Act, in section 6, after clause (g), the following clauses shall be inserted, namely: -

"(h) to set up campus centres, subject to applicable rules or regulations;
(i) to recruit and retain highly qualified and dedicated faculty members who are committed to teaching, research and mentorship, providing students with guidance and inspiration;
(j) to provide equal access to education, promote gender equality and empower individuals from diverse backgrounds to excel academically and professionally."

S.5 Amendment of section 8

In the principal Act, in section 8, -

(i) for clause (g), the following shall be substituted, namely: - "(g) to establish study centres and maintain schools, institutions and such centres, specialised laboratories or other units for research within the state as are in the opinion of the University necessary for the furtherance of its objects;";
(ii) in clause (t), for the word "proper" the word "prior" shall be substituted;
(iii) clause (z) shall be omitted;
(iv) for clause (bb), the following shall be substituted, namely: - "(bb) to receive donations and gifts of any kind with prior approval of the State Government, to acquire, hold, manage, maintain, lease, mortgage and dispose of any movable property, including trust and endowment fund for the purpose of the University or a constituent college with the consent of the landowner subject to the prevalent laws of the state."
(v) in clause (gg), for the words starting with "and partner

S.6 Substitution of section 9

For section 9 of the principal Act, the following shall be substituted, namely: -

"9. The University shall have no power to affiliate or otherwise admit to its privileges any other institution."

S.7 Amendment of section 14

In the principal Act, in section 14, after sub-section (2), the following sub-section shall be inserted, namely: -

"(3) If at any time, upon presentation made or otherwise, and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interest of the University, the Chancellor may, by an order in writing stating the reasons therein, in consultation with the governing body ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order: Provided that before taking action under this section, the Vice-Chancellor shall be given an opportunity of being heard."

S.8 Amendment of section 17

In the principal Act, in section 17, the existing sub-sections (1), (2) and (3) shall be re-numbered as sub-sections (2), (3) and (4) respectively and before sub-section (2) as so re-numbered, the following sub-section (1) shall be inserted, namely:-

"(1) The Registrar shall be a whole time Officer of the University."

S.9 Amendment of section 18

In the principal Act, in section 18, in sub-section (2), after the words "Accounts Officer shall" and before the words "exercise such powers" the words "be a whole-time officer and" shall be inserted.

S.10 Amendment of section 19

In the principal Act, in section 19, after sub-section (2) and entries relating thereto, the following sub-section shall be inserted, namely:-

"(3) The Controller of examination shall be responsible for the due custody of the records pertaining to his work. He shall be ex-officio Secretary of the Examination Committee of the University and shall be bound to place before such Committee all such information as may be necessary for the transaction of its business."

S.11 Amendment of section 28

In the principal Act, in section 28, after clause (e), the following clause shall be inserted, namely:-

"(f) is conducting or engaged himself in private coaching classes."

S.12 Insertion of new section 35A, 35B, 35C, 35D, 35E, 35F

In the principal Act, after section 35, the following new sections shall be inserted, namely:-

35A Admissions

(1) Admission in the University shall be made strictly on the basis of merit.
(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination for admission and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State: Provided that the admission in the professional and technical courses shall be made only through entrance test.
(3) Seats for admission in the University, for the students belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and PWD (Persons with Disabilities) students, shall be reserved as per the policy of the State Government.

S.13 Amendment of section 38

In the principal Act, in section 38, in sub-section (1), after the words "for the University", the words "with an amount of surplus two crores which shall be pledged to the Government once the day to day operation of the University commences" shall be inserted.

S.14 Substitution of section 41

For section 41 of the principal Act, the following shall be substituted, namely:-

"41. Annual Report

(1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the Sponsoring Body.
(2) Copies of the annual report prepared under sub-section (1) shall also be presented to the Government."

S.15 Substitution of section 42

For section 42 of the principal Act, the following shall be substituted, namely: -

"42. Audit and Annual Accounts

(1) The annual accounts and balance sheet of the University shall be prepared under the direction of Board of Management and all funds accruing to or received by the University from whatever sources and all amount disbursed or paid shall be entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by a Chartered Accountant, who shall be the member of the Institution of Chartered Accountants of India, to be appointed by the Board of Management on mutually agreeable terms for a period of three years.
(3) A copy of the Annual Accounts and Balance sheet together with the audit report shall be submitted to the Governing Body on or before 31st December following the close of the financial year on 31st March each year.
(4) The annual accounts, the balance sheet and the audit r

S.16 Amendment of section 43

In the principal Act, in section 43, in sub-section (3), second proviso shall be inserted, namely: -

"Provided further, in case the sponsoring body dissolves the University before fifty years of its establishment, all the assets of the University including assets of the sponsoring body pertaining to the University shall vest in the State Government free from all encumbrances."

S.17 Amendment of section 44

In the principal Act, in section 44, second proviso shall be inserted, namely: -

S.18 Insertion of new section 45A

In the principal Act, after section 45, the following new section shall be inserted, namely: -

"45A. Expenditure of the University during dissolution

(1) The expenditure for the administration of the University during the dissolution period shall be borne out of its endowment fund, management fund, the general fund or the development fund.
(2) If funds referred to in sub-section (1) are not sufficient to meet the expenditure of the University during dissolution of its management; such expenditure may be met by disposing of the properties or assets of the University by the Sponsoring Body and the State Government."

S.19 Insertion of new section 46B

In the principal Act, after section 46A, the following new section shall be inserted, namely :-

"46B. Status of assets and liabilities on dissolution and de-recognition

All assets and properties including the endowment fund, general fund or any other fund of the University shall belong to the University in case of dissolution and de-recognition."