Act No. 17 of 2021
9th day of December, 2021
AN ACT to provide for the establishment and incorporation of SIKKIM SKILL UNIVERSITY, in the State of Sikkim and 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, especially in Skill Development, it is essential to create world level modern research and study facilities in the State to provide state of the art educational and skill development facilities to the youth at their door steps to make out of them human resources compatible to liberalize economic and social order of the world; And whereas, it is expedient to provide for the establishment incorporation and regulation of Sikkim Skill University for the development and advancement of higher education, skill development, entrepreneurship development, vocational education, Life Enrichment courses and r
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(1) This Act may be called the Sikkim Skill University Act, 2021.
(2) It shall extend to the whole of the State 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:
The objects of the University shall include,—
(1) There shall be established and incorporated a University by the name of the Sikkim Skill University at Sikkim.
(2) The University shall situate and have its headquarters in the Namthang, Rateypani, South Sikkim.
(3) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing Body, Board of Management and the Academic Council and all persons, who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Sikkim Skill University, Sikkim.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(5) The University will have Centres of Excellence for promoting professional and vocational education in and outside the country through formal, informal, face-to-face, regular, research, industry integrated, part-time, open, online and virtual education
The University shall be self-financing and shall not be entitled to receive any grant or other financial assistance from the State Government.
The University shall have no power to affiliate or otherwise admit to its privileges any other institution.
The University shall have the following powers, namely:-
(1) to establish, maintain and enforce rules determined by the University from time to time in the manner laid down by the Statutes, Ordinances and Regulations;
(2) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University;
(3) to confer degrees, diplomas, certificates or other academic distinctions that conform to National Skill Qualification Framework on the basis of examinations, evaluation or any other method of testing in accordance with the Statutes, UGC, Statutory Bodies and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient causes;
(4) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;
(5) to organize and to undertake extra-mural studies and extension service;
(6) to confer Pre-University Certificate, Associate, Bachelor
The University shall be open to all, irrespective of class, caste, creed, religion, region, language or gender:
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admissions to students of the State and socially and economically weaker section of the society, especially for the State of Sikkim.
National and International Accreditation:
(1) The University shall seek accreditation from respective national and international accreditation bodies.
(2) The University shall obtain prior permission or approval from National Accreditation bodies like UGC (University Grants
Commission), NCTE (National Council for Teacher Education), BCI (Bar Council of India), AICTE (All India Council for Technical Education), AIU (Association of Indian Universities), NIRF (National Institutional Ranking Framework), NBA (National Board of Accreditation), DEC (Distance Education Council), ICAR (Indian Council of Agricultural Research), DCI (Dental Council of India), NCHRH (National Council for Human Resource and Health), NMC (National Medical Council), INC (Indian Nursing Council), NAAC (National Assessment and Accreditation Council) , PCI (Pharmacy Council of India), or any other body before commencing any course; permission or recognition from concerned bodies, if required by
The campus of the University shall be in Namthang, Rateypani, South Sikkim and it may have Regional Centres, Study Centres anywhere in India strictly in accordance with the UGC (University Grants Commission) regulations or conditions issued by the concerned Statutory Bodies, UGC (University Grants Commission) and State Government from time to time.
The following shall be the officers of the University namely:
such other officers as may be declared by the Statutes to be officers of the University.
(1) The Chancellor shall be appointed by the Sponsoring Body for a period of three years, with the approval of the Government in such manner and on such terms and conditions as may be specified by the Statutes.
(2) The Chancellor shall be the Head of the University.
(3) The Chancellor shall preside over all the meetings of the Governing Body and convocation of the University for conferring pre-university or online diplomas, degrees or other academic distinctions.
(4) The Chancellor shall have the following powers, namely:-
(1) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as may be specified by the Statutes, and shall hold office for a term of three years:
Provided that after the expiry of the term of three years, a person shall, subject to the provisions contained in sub-section (7), be eligible for re-appointment for another term of three years:
Provided further that the Vice-Chancellor shall continue to hold office even after expiry of his term till the new Vice-Chancellor joins. However, in any case, this period shall not exceed one year.
(2) The Vice-Chancellor shall be the principal executive and Academic Officer of the University and shall have the general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.
(3) The Vice-Chancellor shall preside over at the convocation of the University in the absence of the Chancellor.
(4) If in the opi
(1) The Registrar shall be a whole-time officer of the University.
(2) The Registrar shall be appointed by the Chancellor in consultation with the Governing Body in such manner and on such terms and conditions of service as may be specified by the Statutes.
(3) The Registrar shall be the Chief Administrative Officer of the University. He shall work directly under the supervision, direction and control of the Vice-Chancellor.
(4) He shall be the Member Secretary of the Governing Body, the Board of Management and the Academic Council but shall not have the right to vote. He shall place before it all such information as may be necessary for the transaction of its business.
(5) The Registrar shall be responsible for the custody of the records and the common seal of the University. He shall receive applications for entrance to the University and shall keep a permanent record of all syllabi, curricula and such other information as may be deemed necessary.
(1) The Finance Officer shall be a whole time officer of the University.
(2) The Finance Officer shall be the principal finance, accounts and audit officer of the University.
(3) The Finance Officer shall be appointed by the Chancellor in consultation with the Governing Body, in such manner and on such terms and conditions of service as may be specified by the Statutes.
(4) The Finance Officer shall-
(1) The Controller of Examination shall be appointed by the Chancellor in consultation with the Governing Body, in such manner and on such terms and conditions of service as may be specified by the Statutes.
(2) 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.
(3) Subject to the superintendence of the Vice-Chancellor, the Controller of Examination shall-
(4) He shall also perfor
(1) There shall be a Dean for each Faculty.
(2) The Deans of Faculties shall be appointed by the Vice-Chancellor in such manner as may be prescribed by the Statutes.
(3) The Deans shall perform such functions as may be prescribed by the Statutes.
(1) The University may appoint such other officers as may be necessary for its functioning.
(2) The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified by the Statutes:
Provided that, in matters of appointment of Grade I, II, III and IV employees, there shall be reservation for local people to the extent given below-
The following shall be the authorities of the University, namely:-
such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) The Governing Body of the University shall consist of the following members namely:-
(2) The Governing Body shall be the supreme authority of the University.
(3) The Governing Body shall have the following powers, namely:-
(1) The Board of Management shall consist of the following members, namely: —
(2) The powers and functions of the Board of Management shall be such as may be specified by the statutes.
(3) The Board of Management shall meet at least once in every two months.
(4) The quorum for meetings of the Board of Management shall be 5 members.
(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the Statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic Council with the Registrar as Member-Secretary.
(3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and Statutes, Ordinances and Regulations made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.
(4) The powers and functions of the Academic Council shall be such as may be specified by the Statutes.
(5) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
(1) The Finance Committee shall consist of the following members, namely:-
(2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provision of this Act, Statutes, Ordinances and Regulations co-ordinate and exercise general supervision over the financial matters of the University;
(3) The powers and functions of the Finance Committee shall be such as may be specified by the Statutes.
(4) The quorum for meetings of the Finance Committee shall be such as may be specified by the Statutes.
(1) There shall be an Examination Committee, the constitution of which shall be as may be provided for in the Ordinances and the Statutes.
(2) The Committee shall be the principal body of the University to take care of examination matters and shall exercise supervision over the examination matters of the University;
(3) The powers and functions of the Examination Committee shall be such as may be specified by the Statutes.
(1) There shall be such Faculties in the University as may be prescribed by the Statutes.
(2) The constitution of the faculties shall be such as may be provided for in the Ordinances and the Statutes.
(3) Faculty shall perform such functions as may be prescribed by the Statutes.
The composition, constitution, powers and functions of other authorities of the University shall be such as may be specified by the Statutes.
A person shall be disqualified for being a member of any of the authorities or bodies of the University, if he,-
No act or proceeding of any authority of the University shall be invalid merely for reason of the existence of any vacancy of the authority;
In case there occurs any casual or temporary vacancy in any authority or body of the University, due to death, resignation or removal of a member, the same shall be filled, as early as possible, by the person or body who appoints or nominates the member whose place becomes vacant and the person appointed or nominated to the casual or temporary vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.
(1) The authorities or officers of the University may constitute committees with such terms of reference as may be necessary for specific tasks to be performed by such committees.
(2) The constitution of such committees and their duties shall be such as may be specified by the Statutes.
(1) Subject to the provisions of this Act, and the rules made thereunder, the first statutes of the University may provide for all or any of the following matters, namely:-
(1) Subject to the provisions of this Act, the subsequent Statutes may provide for any matter and shall in particular provide for the following, namely:-
(2) The Statutes of the University shall be made by the Board of Management with the approval of the Governing Body.
(3) Every Statute passed by the Board shall be submitted to the Governing Body who may give or withhold his assent thereto or send it back to the Boar
(1) Subject to the provisions of this Act, and the Statutes, the Ordinances may provide for any matter and shall in particular provide for the following, namely:-
Provided that at least 25 percent seats for admission to each academic programme shall be reserved for students who are bona fide residents of the State.
(1) The Board of Management may make, amend or repeal Ordinances, in the manner hereinafter provided.
(2) No Ordinances concerning academic matters shall be made by the Board of Management unless a draft thereof has been proposed by the Academic Council.
(3) All Ordinances made by the Board of Management shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks for approval. The Chancellor shall have the power to direct the Board of Management within four weeks of the receipt of the Ordinance to suspend its operation, and he shall, as soon as possible, inform the Board of Management of his objection to it. He may, after receiving the comments of the Board of Management, either withdraw the order suspending the Ordinance or disallow the Ordinance.
(4) The Board of management shall not have the power to amend any draft prepared by the Academic Council under sub-section (2), but may reject
The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act, Statutes and the Ordinances made thereunder, for the conduct of their own business and of the committees appointed by them.
(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 admission in 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 (person with disability) students, shall be reserved as per the policy of the State Government.
(4) At least 25% seats for admission to each course shall be reserved for students who are bonafide residents of the State.
(1) Degrees, Diplomas and Pre-University Certificates or other academic distinctions awarded by the University shall be recognized 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, Diploma and Pre-University Certificates or other academic distinctions awarded by the University shall be recognized 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.
(1) The University may, from time to time prepare and revise, its fee structure and send it to the Government for its approval before 31st December of every preceding academic year and the Government shall convey the approval within three months from the receipt of the proposal:
Provided that the fee structure for each course shall be decided before the issue of prospectus and shall be reflected in the prospectus:
Provided further that the fee structure shall not be revised or modified during the academic year.
(2) The fee structure prepared by the University shall be considered by a committee to be constituted by the State Government, in the manner as may be prescribed, which shall submit its recommendations to the Government after taking into consideration whether the proposed fee is—
(a) sufficient for generating—
(i) resources for meeting the recurring expenditure of the University; and
(ii) the savings required for the further developm
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 the 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 39 and in this section.
The convocation of the University shall be held in every academic year in the manner as may be specified by the statutes for conferring degrees, diplomas or for any other purpose.
(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.
The University shall constitute Provident Fund and Pension for the benefit of its employees and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or another body of the University, the matter shall be referred to the Chancellor whose decision shall be final.
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provision of this Act, the Statutes or the Regulations.
Notwithstanding anything contained in any other provisions of this Act, the Statutes or the Ordinances,
(a) the First Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
(b) the First Registrar and the First Finance Officer shall be appointed by the Chancellor and shall hold office for a term of three years;
(c) the First Board of Governors shall hold office for a term not exceeding three years;
(d) the First Board of Management, the First Finance Committee and the First Academic Council shall be constituted by the Chancellor for a term of three years.
(1) The sponsoring body shall establish an Endowment Fund for the University with an amount of surplus one crore, which shall be pledged to the Government once the day to day operation of the University take place.
(2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made thereunder.
(3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made thereunder.
(4) Income from Endowment Fund shall be utilized for the development of infrastructure of the University but shall not be utilized to meet out the recurring expenditure of the University.
(5) The amount of Endowment Fund shall be kept invested, until the dissolution of the University, by way of Fixed Depos
University shall establish a fund, which shall be called the General Fund to which 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 works undertaken by the University;
(d) bequests, donations, except from parents and students, endowments and any other grants; and
(e) all other sums received by the University.
The General Fund shall be utilized for the following purposes, namely:-
(a) for the payment of salary and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees;
(b) for the expenses to be incurred by the University for services availed including services like electricity, telephone, etc.;
(c) for the payment of taxes or local levies wherever applicable;
(d) for up-keeping of the assets of the University;
(e) for the payment of debts including interest charges thereto incurred by the University;
(f) for the payment of travelling and other allowances to the members of the Governing Body, the Board of Management and the Academic Council;
(g) for the payment of fellowships, free-ships, scholarships, assistantships and other awards to students belonging to economically weaker sections of t
The funds established under Section 47 and 48 shall be regulated and maintained in such manner as may be prescribed by Statutes.
(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 source 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 is the member of 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 of 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 be considered by the Governing Body at its meeting and shall forward the same to the State Government along with its observation thereon
(1) A copy, receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University of any entry in any register duly maintained by the University, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution of document or the existence of entry in the register and shall be admitted as evidence of the matters and the transactions therein recorded where the original therefore would, if produced, have been admissible in evidence;
(2) The University shall abide by the UGC (Returns of Information by Universities) Rules, 1979 and subsequent amendments.
(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government shall 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 to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective measures as are necessary or as deemed necessary as to ensure the compliance of the recommendations.
(3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Government may give such directions as it may deem fit which shall be binding on the University.
(1) The sponsoring body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least one year in advance:
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 awards, as the case may be.
(2) On the dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body as per the terms and conditions under the State Laws:
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.
(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 the funds referred to 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.
(1) Where the State Government receives a complaint that the University is not functioning in accordance with the provision of this Act or Rules, it shall require the University to show cause within such time, which shall not be less than two months, as to why the University should not be de-recognized.
(2) If upon receipt of the reply of the University to the notice given under sub-section (1) the State Government is satisfied that a prima facie case of mismanagement or violation of the provision of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary.
(3) For the purpose of an inquiry under sub-section (2) that State Government shall by notification, appoint an officer or authority not below the rank of Joint Secretary as the inquiring authority to inquire into an allegation of violation of the provision of this Act.
(4) Every inquiring authority appointed under sub-section (3) while performing its funct
(1) If it appears to the Government that the University has contravened any of the provisions of this Act, or Rules, Statutes or Ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty five days as to why an order of its liquidation should not be made.
(2) If the Government, on receipt of reply of the University on the notice issued under sub- section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act, Statutes or Ordinances made there under or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider nec
All assets and properties including the endowment fund, general fund or any other fund and also the liabilities of the University shall belong to the Government in case of dissolution of the University under any clause mentioned hereinabove in the Act.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(3) All the rules made under this Act shall be laid, as soon as may be after it is made, before Legislative Assembly of the State, while it is in session, and if, before the expiry of the session in which they are so laid the House agrees that the rule should not be made, the rule shall from the date of publication of a notification, have effect only in such modified form or be of no effect, as the case may be; so, however that, any such modification or annulment shall be without prejudice to the validity of anything previously done o
(1) If any difficulty arises in giving effect to the provisions to this Act, the State Government may, by a notification or order, make such
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