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Section 33

The Vinayaka Mission Sikkim University Act,2008State Act of Sikkim · Act 11 of 2008

(1) Every employee shall be appointed under a written contract, which shall be kept in lhe Universlty and a copy of whlch shall bo furnishod lo the employee concemed.

(a Disciplinary action against the students/employees shall b€ governod by procedure prescrbed in the Statutes.

Rlghtlo appeal. u.

35.

38.

Every employoe or student of the lJnivorsity or ol a oonstituent college, shall notwithgtanding anyihing conlalned in this Act, have a right to appealwithin such time as may be prescribed, to th€ Board of Management againstthe decision of any ofiicoror authority of the University or ofthe Prlnclpalof any such colloge, and thereupon tho Board of Management mayconfirm, modily or change tho declsion appealed against.

Ih6 lJnivorslty shaltconstitut€ forthe b€nefit of its employees such provident or pension fund and provido such insurance scheme as it may deem fit in such manner and subiectto such condltions as may be prescribed, lf any question arisos as to whethgrany person has been duly eloctsd or appointed as, or is ontitled to be a memberof any authorityor other bodyof the Univorsity, the mattershallbe r€f€rred tothe Chancellorwhose decision theroon shallbefinal.

Any authority ol lhe University mentioned in Section 20 may constiluto a committee of such authorlty, consisting of such members as such aulhority may deem fit, and having such powors as the authority may deem tit.

Any casualvacancy among tho members, otherthan ex_officio members, of any Aqthority or body of the University shall be filled in the same manner in which lhe memborwhose vacancy is 1o b6 filled up, was chosen, and the person filling the vacancy shallbe a member of such authorlty or bodyfolthe residue of theterm forwhich the psrson whoss place he/shefllls would have been amember, Nosuit or other legal proceedlngs shalllio against any otficor or othor employee ofthe Unive6ity lor anything, whlch is done in good faith or intended to be dono in pursuanco of lhe provisions ofthis Act' ihe Statutes or the rules.

Notwithstanding anythlng contained in any other provisions ofthis Act and the Statutes r Provldentlund and pension.

Dlsputesasto constllutlon ot Unlverslty authorltie€ and bodlea.

Constltutlon ol committees, Fllling oI casual vtcSncles.

Protectlon ol actlon taken lngood lelth,

39.

t6 Transltional Provlglong, 40.

(a)the first Pro-Chancellors shallbe appoinled by the chancellorand the said otficers shall hold otlice for a term ol live years;

(b) the first Vice'Chancellor shall be appointed by the Chancollor and the said ofiicer shall hold oftioe for a lerm of five years;

(c) The ti.st Registrar and the tirst Finance Ofiicer shall be appointed by the Chancellorwho shallhold office ior a lerm ol live years;

(d ) The fkst Board o{ Governors shallhold oilicefor a t€rm not exceeding five Years;

(e) The lirst Board of Managemenl' lhe first Finance Committee and the lirst Academic Councilshallbe constituted bythe Chancellorfor a t€rm of tive Years' EndowmentFund. 41. (1) Tho University shallestablish an endowmentlund ol at least Rupees . on6 crore.

(2) The Univorsity shallhave powerto invesl the endowmentlund in such manner as may be prescrib6d'

(3) The University may transfer any amount lrom the gsneral tund or the developmont,und to the endowment fund Excepting in the dissolution of th€ Unlversity, in no olher circumslances can any monies be kansferred kom the endowm€nt fund tor other purposes'

(4) Not exceeding 75 percant ol the incomes receivod from ihe endowment fund shallbe used for the purposes ot develoPfirent works of the University. The.emaining 25 percent shallbe reinvosted intothe endowmentfLrnd ceneral lund. 42. (1) The University shall establish a genoral fund to which iho following amouni shallbe cr€diled, namely t

(a) all fees which may be charged by the Llnivorsity:

(b) all sums received from any other sourc6;

(c ) all contributions made bythe Sponsor;

. (d) all contributions/donations made in ihis behall by any other person or body, which are not prohibitod by any law torthe time boing in torce'

(2) Thefunds credited tothe genoraitund shallb€ aPplied to meetthe following Payments, namelY t

(a) the repaym€nt ol debts including interest charges thereto inourred by the University for the purposes of this Act' the Statutes and the rules madethoreunder;

(b) tho upko€p of the assets of the University;

(c ) the payment of lh€ cost otaudit ofthe fund created under section 41'

(d) meeting the oxpenses of any suit or proceodings to which LJniversity is a Party;

(e) the payment of sala'ies and allowances ol the oflicers and employegsol the University' members oftheteaching and research statf, and paymentof any Provident Fund contributions' gratuity and l1 D€velopmerf Fund. 43.

other benefits to anysuch otficers and employoes, members otthe leaching and research statf:

(0 the payment ol travellng and other allowances o{ the members of the Board ol Govemors, the Board of Managsment, Academic Council, and olher authorities so declared underthe Statut€s otthe University and ofihe mombors ol any Committoe or Board appolnted by any of the authorjties ol th€ University in pursuance ol any provision ot this Acl or lhe Statutes orthe rules madethoreunder;

(g) the paymeni of lellowshlps, froeships, schola6hips, assistanlships and otherawards tostudents, research associatgs or irainees eligible forsuch awards underthe Statut€s or rules olthe University under the provisions ol this Act;

(h) the payment ol any expenses incurred by the University in carrying out the provisions of lhis Act, and the Statutos or tho rules made thereundeI

(i) the payment of cost of capital, not excoeding the prevailing bank rate of interest, lncurred bythe Sponsorfor setting up the Unive.sity and th6 investments made lhereof ;

0 the paymonl of charges and expenditure relating to the consultancy work undertaken bythe university in pulsuance ofthe provlsions of this Act, and the Statutes, and the rules made lhereunder :

Provided thai no expenditure shallbe jncurred bythe University in excess oi the limits lor total recu ng expendituae and tolal non_r€curring expenditure forthayoaras maybe fixed byth€ Board oI Management wlthout the previous approvalofthe Board of Managemenl:

Provided furtherthatthe Gonoralfund shallbe applled torthe objecls specified under sub'section (2) with the prlor approval of the Board of Management ol the University.

('t) Th€ Univorsity shallalso establish a developmentfund towhich the foilowlng funds shall be credited, namoly:

(a) Dsvelopment fe€s which may be charged from students;

(b) all sums received trom any olhgr source tor the puQoses ol ihe develoPment ot the Universityl

(c) all c.ntrlbulionc made by lhe SPonsor;

(O all contributions/donations made in this behalf by any other person or body which are not prohibited by any lawforthetimo being in force;

and

(e) all incomes rec€ived from the ondowment fund.

(2) The tunds crsdiied to the development fund from time lo time shall be utilized for the development of the University.

The tunds established undersectlons 41.42 and 43 shall, subject to gen€ral supervislon and oontroloftho Board of Governors, be regulated and maintained in such mannoras maybe prescribed.

18 Malntenanc€ of fund, 44.

AnnualReport.

Account and audlt. 46.0) Mode otproof o, Unlver6lty record.

Where this provision sits

ActThe Vinayaka Mission Sikkim University Act,2008
Section33
JurisdictionState of Sikkim
StatusIn force as published by the source

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