Act No. 10 of 2022
04th April, 2022
An Act to provide for the establishment and incorporation of the Capital 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 major boost in terms of academic upliftment in all phases of knowledge it is essential to impart education in almost all areas including Management, Engineering, Law, Communication, Insurance, Behavioural Science, Fine Arts, etc. to the youth at their door steps. And whereas Ch. Charan Singh Educational Society is registered under Societies Registration Act, XXI of 1860 having registration no. S-55338 of 2006 dated 07th April 2006 and the Charan Singh Educational Foundation has been incorporated under the Companies Act, having corporation no. U80210DL2021MPL387152 of 2013 on 26th September 2021 under Ministry of Corporate Affairs, Gover
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(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:
(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. It 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) The quorum for the meeting of the Board of Management shall be 5 (five):
Provided that the Secretary to the Government, Department of Higher and Technical Education, Sikkim, or in his absence, Direct
(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 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.
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/she:
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.
The authorities of the University may constitute such committee with such terms of reference as may be necessary for specific tasks to be performed shall be such as may be prescribed by the Statutes.
(1) Subject to the provisions of this Act, and the rules made thereunder, the First Statute may provide for all or any of the following matters, namely:
(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:-
(2) The Statutes of the University other than the First Statute 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 thereunder, 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.
(2) The State Government shall consider the Ordinances submitted by the Academic Council under sub-section (1) as far as possible within 2 (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 of such pu
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 each such authority and committee constituted by each such authority.
(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.
(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
38. (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:
39. 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 fulfilment of its objects and shall be submitted to the State Government.
40. (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.
41. (1) If the Sponsoring Body proposes to dissolve itself according to the provisions of law governing its constitution or incorporation; it shall give at least 2 (two) years' prior notice to the State Government.
(2) The State Government shall, on receipt of such notice make such arrangements as may be necessary, for the administration of the University from the date of dissolution of the Sponsoring Body till the completion of syllabus by the last batch of students admitted to the University and may also cause the functioning of the University to continue by appointing an administrator in place of the Sponsoring Body, who shall be entrusted with the powers, duties and functions of the Sponsoring Body, as prescribed under this Act.
42. (1) The Sponsoring Body who intends to dissolve the University shall give a notice to that effect in the prescribed manner to the State Government. 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.
(2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body in the manner as may be prescribed.
(3) Where the State Government decides under sub-section (1) to dissolve the University, it may vest the powers of the Governing Body in the prescribed manner to other societies having similar objects till the dissolution of the University takes effect under the proviso to sub-section (1).
43. (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 be 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,
44. (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 may make during the session in which they are so laid or the session immediately following.
45. 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.
46. (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.
(1) This Act may be called the Capital University (Amendment) Act, 2025.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.
In the Principal Act, in section 2, -
“(aa) “Act” means the Capital University Act, 2022;”;
(ab) “AIU” means the Association of Indian Universities;”;
(bb) “Authority” means the authority of the University;”;
“(hh) “Dean” means the head of a Faculty of the University;”;
“(jj) “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;”;
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 West 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 (6) and (7) shall be omitted;
(5) for sub-section (9), the following shall be substituted, namely: -
“(9) The University shall be self-financing and shall not be entitled to receive any grant or other financial assistance from the State Government.”
In the Principal Act, in section 6, after clause (d), the following clauses shall be inserted, namely: -
“(e) to set up campus centres, subject to applicable Rules or Regulations;
(f) to recruit and retain highly qualified and dedicated faculty members who are committed to teaching, research and mentorship, providing students with guidance and inspiration;
(g) to provide equal access to education, promote gender equality and empower individuals from diverse backgrounds to excel academically and professionally.”
In the Principal Act, in section 8, -
“(h) 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;”;
“(dd) 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.”
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.”
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.”
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.”
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” shall be inserted.
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.”
In the Principal Act, in section 28, after clause (d), the following clause shall be inserted, namely: -
“(e) is conducting or engaged himself in private coaching classes.”
In the Principal Act, after section 35, the following new sections shall be inserted, namely: -
“35A. (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.
(4) At least 50% o
(1) Degrees, Diplomas and Pre-University Certificates or other academic distinctions awarded by the University shall be recognised for the purpose of employment for post and service under the State Government provided it has been awarded as per the Statutes and Regulations of the University.
(2) Degrees, Diplomas and Pre-University Certificates or other academic distinctions awarded by the University shall be recognised for the purpose of further education in other Universities and higher learning institutes, provided it has been awarded as per the Statutes and Regulations of the University.
At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, Schedule of Examinations for each and every course conducted by it and shall strictly adhere to such Schedule.
Explanation. - Schedule of Examination means a table giving details about the time, day and date of the commencement of each paper which is a part of a Scheme of Examinations and shall also include the details about the practical examinations.
(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date:
Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within a period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the Government. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.
(2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the Schedule of Examination as stipulated in section 35D and in this section.
The convocation of the University shall be held every academic year in the manner as may be specified by the Statutes for conferring Degrees, Diplomas or for any other purpose.
In the Principal Act, in section 37, 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.
For section 39 of the Principal Act, the following shall be substituted, namely: -
39. "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."
For section 40 of the Principal Act, the following shall be substituted, namely: -
40. "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 report shall
In the Principal Act, in section 41, after sub-section (2), the following provisos shall be inserted, namely: -
"Provided that in the event of winding up of the University there remains 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:
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."
In the Principal Act, in section 42, after sub-section (2), the following proviso shall be inserted, namely: -
"Provided that, 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."
In the Principal Act, after section 42, the following new section shall be inserted, namely: -
42A. "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."
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