(a) the Vice-Chancellor of the University;
(b) a member of the Governing Council, nominated by the Chancellor;
(c) the Chief Secretary to the Government or an officer not below the rank of the Secretary to the Government, to be nominated by him;
(d) Secretary Department of Finance to the Government;
(e) Secretary In charge of Human Resource Development (Higher Education) to the Government;
(f) Secretary In charge of Department of Law to the Government;
(g) Secretary In charge of Department of Home to the Government;
(h) three Professors of Law outside the University, to be nominated by the Chancellor;
(i) Chairman, Bar Council of Sikkim or his nominee;
U) a member of the Governing Council, who is an educationist, to be nominated by the Chancellor; and
(k) two teachers of whom one shall be Professor and one shall be Associate Professor of the University, to be nominated by the Vice-Chancellor, by rotation.
Term of office of the 17. (1) members of the The term of office of members of the Executive Council shall Executive Council be three years.
(2) When a person becomes a member of the Executive Council by reason of office or appointment he holds, his membership shall stand terminated when he ceases to hold such office or appointment.
(3) When a person is nominated as a member of the Executive Council, he shall cease to be such member if his nomination of such membership is withdrawn by the nominating body or person, as the case maybe.
- II - Powers and functions of the Executive Council
(4) A member of the Executive Council shall cease to be a member if he,-
(i) tenders his resignation and such resignation is accepted;
or
(ii) becomes of unsound mind and stands so declared by a competent Court; or
(iil) becomes undischarged insolvent; or
(iv) as been convicted of an offence involving moral turpitude;
or (other than the Vice-Chancellor or member of the Faculty) has accepted a full time appointment in the University.
(5) A member of the Executive Council may, by writing addressed to the Chancellor, resign from his office, and such resignation shall take effect on the date it is accepted by the Chancellor.
(6) Any vacancy in the Executive Council shall be filled in by nornlnat.oo (If a person by the relevant authority entitled to make tho «arne and the person so nominated shall hold office so long as the member in whose place he is nominated would have held office had the vacancy not occurred.
18. (1) The Executive Council shall be the chief executive authority of the Univarslty and, as such, shall have all POWMS necessary to administer the University subject to the provisions of this Act and the statutes made there under; and may make regulations for that purpose and also with respect to matters provided under SUb-section (2).
(2) The Executive Council shall have the following powers and functions, namely:- .
(a) to recommend the names of three persons to the Chancellor for appointment as Registrar of the University on the recommendations of the selection committee constituted for that purpose by it and headed by the Vice- Chancellor;
(b) to rl'?lpare and present to the Governing Council at its annua: rneeting-
(i) a report on the working of the University;
(Ii) a statement of accounts;
(iii) budget proposals for the ensuing academic year after its due approval from the Finance Committee;
(c) to manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the University and for that purpose, constitute committees and delegate the powers to such committees or such officers of the University as it may deem fit;
- /2- " Meetings of the Executive Council
(d) to invest any money belonging to the University, including any unapplied income, in such stock, funcis, shares or securities, as it may, from time to time, think fit, or in the purchase of immovable property in India, with the like power of varying such investments from time to time;
(e) to transfer or accept transfer of any movable or immovable property on behalf of the University:
Provided that the concurrence of the Government shall be taken before such transfer or acceptance of any immovable property on behalf of University;
(f) to enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may think fit;
(g) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(h) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers, tp8chers, students and employees of the University;
(i) to create teaching, administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify the minimum qualifications for appointment to such posts on such terms and conditions of service as may be prescribed by the regulations made in this behalf;
(j) to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council:
Provided that the Government shall be apprised of the fee structure fixed by the University;
(k) to select a common seal for the University; and (I) to exercise such other powers and to perform such other duties as may be considered necessary, or imposed on it by or under this Act.
19. (1) The Executive Council shall meet at least once In four months and not less than 15 days notice shall be £Iiven of such meeting.
(2) The notice regarding meeting of the Executive Council shall be issued by the Registrar under the instructions of the Vice- Chancellor or on the request of the Executive Council.
(3) The Vice-Chancellor or in his absence, any member of the Executive Council, nominated by the Vice-Chancellor, shall preside over the meeting of the Executive Council.
- J 3 - Academic Council Constitu of the Acaderni. \~ouncil
(4) One-half of the members of the Executive Council shall form the quorum at any meeting.
(5) In case of difference of opinion among the members, the opinion of the majority shall prevail.
(6) Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote.
(7) If urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council. The action so proposed shall not be taken unless agreed to by a majority of members of the Executive Council.
The action so taken shall forthwith be intimated to all the members of the Executive Council. In case the authority concerned fails to take decision, the matter shall be referred to the Chancellor whose decision shall be final.
20. The Academic Council shall be the academic body of the University. It shall have powers, subject to the provisions of this Act and the regulations, to control, regulate and maintain the standards of instructions, education and examination of the University and advise the Executive Council on academic matters.
It shall exercise such other powers, and shall perform such other duties, as may be conferred or imposed upon it by this Act or the regulations.