Act No. 02 of 2024
13th June, 2025
An Act to provide for establishment and incorporation of the Sikkim Medical Science University in the State of Sikkim and for matters connected therewith and incidental thereto. Whereas with a view to keep pace with the rapid development in all spheres of knowledge in the world and the country, it is essential to create a world level modern research and study facilities in the State for advancement of knowledge in the field of medical, healthcare and allied sciences (giving special emphasis on Oncology), for overall development of healthcare in Sikkim by providing a comprehensive and high quality medical education program, fostering a culture of academic excellence, research driven learning and ethical and medical practice; And whereas, the Dream Educational Charitable Trust, is a private trust, registered under the Indian Trust Act, 1882 having its registered office at 2/B, Aj
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(1) This Act may be called the "Sikkim Medical Science University Act, 2024".
(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.
In this Act, unless the context otherwise requires,-
(1) There shall be established a University by the name "Sikkim Medical Science University" which shall be a self-financed private university.
(2) The headquarters of the University shall be within the State of Sikkim and shall be situated at Namchi, Sikkim.
(3) The University shall start operation after the State Government issues the letter of authorization.
(4) The University shall follow all the rules, regulations, guidelines and other criteria issued by the regulatory bodies of the Central Government notified for establishment of the Medical University and shall also obtain necessary permission from the Medical Assessment and Rating Board before establishing a new medical institution or starting any post graduate courses or before increasing the number of seats as per section 28 of the National Medical Commission, Act, 2019.
(5) The University shall meet the conditions mentioned in the Schedule "A" of the Act within the stipulated time.
(6) T
(1) Subject to the laws prevalent in the State of Sikkim, on the establishment of the University, the land and other movable and immovable properties acquired on lease, 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 debts and liabilities of the University in the event of winding up or dissolution of the University in such manner as maybe prescribed in the Rules.
(1) The tuition fees for professional courses such as Bachelor of Medicine and Bachelor of Surgery, Bachelor of Dental Surgery, Bachelor of Pharmacy, Bachelor of Nursing, Bachelor of Ayurvedic Medicine and Surgery, Bachelor of Physiotherapy, Bachelor of Homeopathic Medicine and Surgery, Bachelor of Occupational Therapy, Bachelor of Medical Lab Technology, Bachelor of Radiation Technology, Bachelor of Veterinary and Animal Husbandry, Master of Medicine, Master of Surgery, Master of Dental Surgery, Master of Pharmacy, 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 the criteria prescribed by the National Medical Commission and the State Government from time to time:
Provided that, the admission in professional educational colleges or institutions of the University shall be governed by the provisi
The objectives of the University shall be:-
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.
The powers and functions of the University shall be:-
The University shall not admit any center or college or institution to the privilege of affiliation or recognition.
(1) The following shall be the officers of the University, namely:
(1) The Governor of Sikkim shall be the Visitor of the University.
(2) The Visitor shall, when present, preside at the convocation of the University for conferring Degree, Diploma, Classes, Designation and Certificate.
(3) The Visitor shall have the right to visit the University or any institution maintain by the University to ensure the standard of the education, discipline, decorum and proper functioning of the University.
(1) The Chancellor shall be appointed by the Sponsoring Body for a period of 5 (five) years in due consultation with the State Government. On the expiry of the term, the Chancellor may be reappointed by the Sponsoring Body after consultation with the State Government: Provided that such re-appointment shall not exceed seventy (70) years of age under any circumstances.
(2) The Chancellor by virtue of his office shall be the head of the University.
(3) The Chancellor shall preside over the meetings of Governing Body and shall 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 from his office.
(5) In case of vacancy in the office of Chancellor occurring because of his death, resignation or removal or otherwise shall be filled as soon as possible after, and in no case later than three (3) m
(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, after the expiry of the term of five years, the Vice-Chancellor shall be eligible for re-appointment for another term of 5 (five) years: Provided further, that a person appointed as Vice-Chancellor shall retire from office during tenure of his office or extension thereof, if any when he completes the age of 70 (seventy) 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 the Chancellor, the Vice-Chancellor shall preside over the convocation of the University.
(4) The Vice-Chancellor may, if he is of the opinion that immediat
(1) If at any time and after such inquiry as may be considered necessary, it appears to the Chancellor that the Vice-Chancellor:
(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.
(3) Notwithstanding anything conta
(1) The Pro-Vice-Chancellor may 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 may assist the Vice-Chancellor in discharging his duties as and when required by the Vice-Chancellor.
(4) The Pro-Vice-Chancellor may get honorarium of such amount as may be determined by the Sponsoring Body.
The Director or Principal shall be appointed in such manner and shall exercise such powers and perform such functions as maybe prescribed.
(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.
(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.
(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:-
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.
The following shall be the authorities of the University namely:
(1) The Governing Body shall have the following members, namely:
(2) The Governing Body shall be the supreme authority and principal Governing Body of the University and shall have the following powers, namely:-
(1) The Board of Management shall consist of the following members, namely:
(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) Two-third of the total number of members of the board shall form the quoru
(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.
(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.
(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, National Medical Commission and other 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.
The constitution, powers and functions of other authorities of the University, shall be such as may be prescribed.
A person shall be disqualified from being a member of any of the authorities or bodies of the University, if he;
No act or proceedings of any authority of the University shall be invalid merely by reason of any vacancy arising in or defect in the constitution of any authority or body of the University.
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.
(1) Subject to the provisions of this Act, and the Rules made hereunder, the First Statutes may provide for all or any of the following matters, namely:
(1) Subject to the provisions of this Act and the Rules made hereunder, the Subsequent Statutes of the University may provide for all or any of the following matters, namely:-
(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
(1) Subject to the provisions of this Act, the Rules and the Statutes made hereunder, the First Ordinance may provide for all or any of the following matter, namely:-
(1) All Ordinances other than the First Ordinance 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.
The authorities of the University may, subject to the prior approval of the Governing Body make Regulations, 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.
(1) Nothing contained in this Act shall prevent the State Government from issuing such directions, consistent with the laws in force in Sikkim, as are considered necessary in matters relating to higher education including but not limited to fee structure, salaries, etc. , and the University shall comply with such directions.
(2) 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.
(3) 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 recommendation.
(4) The State Government may give such directions as it may deem fit if the University fails to comply with the rec
(1) The Sponsoring Body shall establish an Endowment Fund of Rs. 2 crores (Rupees two crores) 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 thereunder.
(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 may 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, th
(1) The University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely:-
(2) The General Fund shall be utilized for the following objects, namely:
The funds established under sections 37and 38 shall, subject to general supervision and control of the Governing Body, be regulated and maintained in such manner as may be prescribed.
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 every year.
(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 at the end of every financial year.
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.
(1) 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:-
(1) The Sponsoring Body, who intends to dissolve the University, shall give notice to the effect in the manner as prescribed under clause (a) to clause (d) of sub-section (2) of section 42 of the Act: Provided that in the event of dissolution of the University there remain, any debts or liabilities exceeding the valuation of the movable and immovable properties of the University, the said outstanding debts and liabilities shall vest upon the Sponsoring Body.
(1) The University shall be dissolved on contravention of any provisions of the Act, Rules, Statutes, and Ordinances; financial mismanagement, administrative failure and violation of directives of UGC or State Government.
(2) In the event of dissolution of the University on contravention of any of the provision of the Act, Rules, Statutes or Ordinances, financial mismanagement, administrative failure or violation of any directives of UGC, NMC or the State Government, all the assets of the University shall vest upon the State Government.
(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 hereunder 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 mal-administration, it shall make an order of such inquiry as it may consider necessary.
(3) The State Government may, by notification for the
(1) In the event of the taking over of management by the State Government in any of the conditions prescribed under sections 42, 43, 44 and 45 of the Act, the expenditure for administration of the University shall be met out of the Endowment Fund and the General Fund.
(2) If the funds referred in sub-section (1) are not sufficient to meet the expenditure of the University during the taking over of its management, such expenditure may be met by disposing off the property(s) or asset(s) of the University, by the State Government.
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Notwithstanding anything contained in this Act or the regulations, any student enrolled with the University shall be permitted to complete his course in preparation thereof, and the University shall provide for the instruction, teaching, training and examination of such students, in accordance with the courses of studies of the University in such manner and for such period as may be prescribed.
(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 3 (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.
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