The way
university of Pune (UoP) has imposed several conditions, it seem that UoP has
decided to go Taliban way. Henceforth students of this university, whether in
campus or anywhere else would not be allowed to enjoy his constitutional rights?
In a recent circular, it has imposed as many as 28 conditions on students,
whatever of the age he or she may be. The way circular has been drafted, it
appears that UoP will soon be introducing its own police force and judicial system.
One of the obligations
on the students is, student shall not lodge any complaint or make any
representation regarding any matter connected with the institution to press or
other outside institution/agency etc. without forwarding the same through the
Head of the concerned institution. That means if anything wrong happens to the
students he/ she is not allowed to enjoy any constitutional rights available to
him /her. Even if student has any grievance about institute or person of institute
he / she cannot tell it to parents, for that he/ she has to rout the complaint through
Head of the department, because representation to outside institution or agency
is not allowed. That means students of the UoP cannot enjoy even rights available
to children of this country
Most funny part
of this circular is, UoP is going to consider, Possessing or using any firearms,
lethal weapons, explosive, or dangerous or corrosive substance on the premises
of the Institution. As well as Possessing or consuming any poisonous or stupefying
drugs or intoxicant or tobacco or Ghutaka smoking or alcoholic beverage in any
form in the Institution a misconduct and /or indiscipline. In addition, if
found guilty UoP will penalize student with fine of Rupees five thousand.I guess
this will be the welcome news for Underworld. All the institutes affiliated to
UoP will become storage place for firearms, lethal weapons, explosives etc., with no fear of police , Indian penal Code ,
investigating agencies or courts. Just pay the fine of 5000 rupees and enjoy.
More over UoP
has prohibited Use of mobiles at classrooms/ laboratory/ library and Use of Hot plates, Electric Iron, Tea/Coffee
making machines, Water heating coils , radio, non-academic use of computers
& Laptops. As this was not enough all the rules in this circular are
applicable to external students also. It has not been made clear in the
circular what will be the penalty if external student found watching movie with
spouse. Students are also awaiting clarification on whether these rules are
applicable to them only or staffs are also covered?
Any way reproducing the said circular for your
comments,
CIRCULAR NO. 177 OF 2013
lt is hereby notified for
information of all concerned that the amended Ordinance 157 as regards
maintenance of discipline and good conduct by students has come into force with
effect from 01.07.2013.
Ordinance 157: Maintenance of
Discipline and Good Conduct by Students:
[Under Section 5 Sub Section (6)
and (28) of the Maharashtra Universities Act, 1994].
1. Every student, during term of
the course, shall be under disciplinary jurisdiction of the Competent Authority,
which shall take appropriate action, in case of indiscipline / misconduct on
part of the student. The Ordinance has come into force w.e.f. 01.07.2013.
2. Definitions: In this Ordinance
unless the context otherwise requires,
(i) ‘Student’ means and includes
a person who is enrolled as such by the University, Afliliated College, or
Recognised Institutions for receiving instructions and or qualifying for any
degree or diploma or certificates of the University.
Note: This includes External
Students also.
(ii) ‘Institution’ means and
includes University/Affiliated College/Recognized Institutions, as the case may
inclusive of Campus, Hostels, Play-grounds, Laboratory, Libraries, Gymnasium
thereof.
(iii)Competent Authority’ for the
purposes of the ordinance means and includes Head of the Teaching Department of
the University, Principal of the Affiliated College; Head of the Recognized Institution,
Chief Rectors of the University Hostels for the concerned students as such
other persons, vested with the authority by Vice-Chancellor for external
students. Provided in respect of mis-conduct regarding University examination,
Executive Council shall only be the Competent Authority.
3. Obligations of the Students:
Every student, shall all times,
(i) Conduct him self properly
(ii) Maintain proper behaviour.
(iii) Observe strict discipline
both within the campus of the institution, Hostel and also outside, in Buses,
Railways Trains or at public places, or at Picnic on Educational Trips arranged
by the institution or at Playgrounds.
(iv) Ensure that no act of this
consciously or unconsciously bring the institution or any establishment or
authority connected with it into disrepute.
(v)Shall not lodge any complaint
or make any representation regarding any matter connected with the institution
to press or other outside institution/agency etc. without foiwarding the same
through the Head of the concerned institution.
4. Any act of a student which is
contrary to the provisions of clause (3) shall constitute misconduct and/or indiscipline,
which terms shall mean and include, among others, any one or more of the acts
jointly or severally, mentioned hereinafter, namely :
(i) Any act that directly or
indirectly causes or attempts to cause disturbance in the lawful functioning of
the Institution.
(ii)Habitual un-punctuality in
attending lectures, practicals, tutorials and other courses as may be
prescribed.
(iii)Repeated absence from
lectures, tutorials, practical's and other courses as prescribed.
(iv) Canvassing for or accepting
contribution or otherwise association himself with raising of any fund or any
collections in cash or in kind in pursuance of any object whatsoever without
the previous sanction of the Competent Authority.
(v) Occupation of any building
such as, hostel room, residential quarter or such other accommodation in the
premises owned or hired by the Institution, without prior permission from the Competent
Authority.
(vi) Permitting or conniving with
any person not authorized to occupy any hostel-room, residential quarter, or
any accommodation or any part thereof of the Institution.
(vii) Securing admission in the
Institution, to any undergraduate or post-graduate programme or any other
course by fabrication or suppression of facts or information.
(viii) Obstruction to any student
or group of students in his or their legitimate activities as such, whether in the
classroom, laboratories, fields, playgrounds gymnasium or places of social and
cultural activity within the campus of the Institution.
(ix) Suppressing material
information or supply of false information to the Institution, for seeking any
privilege.
(X) Possessing or using any fire
arms, lethal weapons explosive, or dangerous or corrosive substance on the
premises of the Institution.
(Xi) Possessing or consuming any
poisonous or stupifying drugs or intoxicant or tobaco or Ghutaka smoking or
alcoholic beverage in any form in the Institution.
(Xii) Ragging, bullying or
harassing any student in Institution or outside thereof.
(xiii) indulging in any act as
would cause annoyance, embracement to any other student, or member of the
authority of the Institution, to staff member or any member of the family of
the staff.
(xiv) indulging in any act of violence,
assault, intimidation or threatening in the Institution or Hostels or outside
thereof.
(Xv) Destroying or attempting to
destroy or tamper with any official record or document of the Institution.
(xvi) Conduct, unbecoming of the
student, at any meeting or special functions or sports and cultural activities
arranged by the Institutions or at any other public place.
(xvii) Stealing or damaging any
farm produce or any property belonging to the Institution, staff member of the
Institution or any other student.
(xviii) Instigating violence or participating in any
violent demonstrations or violent agitation or violent strike in the Institution.
(xix) Instigating or
participating in any gherao of any official or staff member of the Institution.
(xx) Violation of any of the
Rules and Regulations of the Institutions or orders of the Competent Authority.
(xxi) Gambling in any form in the
Institution.
(xxii) Disorderly behaviour in
any form or any act specifically forbidden by the Competent Authority.
(xxii) Refusal to appear to give
evidence before Enquiry Officer appointed by the Competent Authority with
respect to a charge against hlm.
(xxiv) Any act violating any
provision of the Maharashtra Universities Act, I994, Statutes, Ordinances,
Rules made thereunder.
(xxv) Conviction, in the Court of
Law for criminal offence, involving moral turpitude.
(xxvi) Any other act not
specifically mentioned hereto before which, whether by commission or omission,
as would in the circumstances of the case be considered by the Competent
Authority as an act of misconduct
and / or indiscipline.
(xxvii) Use of mobiles at
classrooms/ laboratory/ library.
(xxviii) Use of Hot plates,
Electric Iron, Tea/Coffee making machines, Water heating coils , radio, non
academic use of computers & Laptops
5. The Competent Authority may
impose any one or more of the following punishment/s on the students found guilty
or misconduct, indiscipline, in proportion thereof.
(i) Warning/censure/Reprimand.
(ii) Fine not exceeding Rs.
5000/-.
(iii) Cancellation of the scholarship]
award / prize/ medal, awarded to the student by the concerned Institution, with
prospective effect.
(iv) Expulsion from the concerned
Institution.
(v) Debarring from admission to a
course or courses of study in the concerned institution. Debarring from
appearing for examination or examinations, conducted by the Institution
concerned, for a specific period, not exceeding five years.
(vi) Cancellation of the result of
the student concerned in the examination of the concerned Institution, in which
he has appeared.
(vii) Rustication from the
institution for the period not exceeding five years.
6.If the Competent Authority is
satisfied that there is a primafacie case for inflicting penalties, mentioned in
Clause N0. 5, it may itself or through other person/persons, authorized by it,
for this purpose, shall make enquiry, in following manner :
(i) Due notice in writing shall
be given to the student concerned about his alleged act of
misconduct/indiscipline.
(ii) Student charged shall be
required within 15 days of the notice to submit his written representation
about such charge] s.
(iii) if the student fails to
submit his written representation within specified time limit, the enquiry may
be held ex-parte.
(iv) lf oral evidence of the
witness against student is recorded by the Enquiry Authority, the student
charged shall be given an opportunity to cross examine the witness concerned.
(v) lf the student charged, desires to soc the
relevant documents, such of the documents, are being taken into consideration
or are to be relied upon for purposes of proving the charge or charges, may at
the discretion of the Enquiry Authority, be shown to him after the notice as
provided in sub-clause (I) above is furnished to him.
(vi) The student charged shall be
required to produce documents, if any, in support of his defence. The Enquiry
Authority may admit relevant evidence, documentary or otherwise at any stage
before the final orders are passed.
(vii) Legal practitioner shall
not be allowed to appear on behalf of the student charged, in the proceedings
before the Enquiry Authority.
(viii) Enquiry Authority shall
record findings on each implication of misconduct or indiscipline, and the
reasons for such findings and submit the report along with proceedings to the
Competent Authority.
(ix) The Competent Authority on
the basis of findings, shall pass such orders as it deems fit.
7. Provided procedure prescribed
above need not be followed and all or any of its provisions may be waived in the
following circumstances :
(i) When the student charged
admits the charges in writing.
(ii) When the order of punishment
is to be based on facts which have led to the conviction of the student
charged, for the offence involving moral turpitude.
(iii) When the student charged
has absconded or for any other reasons it is impracticable to communicate with
him.
(iV) lf in the opinion of the
Competent Authority, a punishment or fine not exceeding Rs. 5000/ - or Reprimand
Censure, Warning is sufficient.
8.If the punishment of rustication is imposed on a
student by Principal of the College] Head of the Institution/Head of the
Teaching Department or such other person in whom the authority is vested by the
Vice- Chancellor for external students, such a student shall be entitled to prefer
an appeal to the Vice -Chancellor, if the punishment is imposed by the Vice -Chancellor,
student shall be entitled to prefer an appeal to the Management Council of the
University within thirty days of the receipt of the notice of the punishment.
9. in respect of such student,
Head of the Institution shall maintain record of the punishment.
10.The institution shall, on each
occasion of any punishment being imposed on any student, intimate by a letter,
to be sent Under a Certificate of Posting, the fact of such imposition to the
parent or guardian of such student on the address available in the college
records.
11.A copy of these rules shall be
supplied to each student at the time of his admission to the institution and a
receipt for the same shall be obtained from the student. This receipt shall
form a part of the record of admission of the student.
12.If any foreign student is
admitted for any course, concerned institution shall send copy of the rules to
concerned foreign embassy and department of external affairs.
13.Central Discipline Committee
be constituted at University level, Separate discipline committee's for each
department & Service unit be constituted under the chairmanship of Head.
14. Discipline Committee be constituted
by every affiliated college/recognized
institution under the chairmanship of Principal/Director.
Ref. No. Law/2013/273
Date: 01.07.2013
