39 ORDINANCE ON MAINTENANCE OF DISCIPLINE AMONG STUDENTS (Approved by the Executive Council in its 3rd meeting held on 12.1.2009 vide Agenda Item No.7).
40 41 MAINTENANCE OF DISCIPLINE AMONG STUDENTS (Ordinance under Sub Clause (g) of Section 31(4) of the Haryana Act No.26 of 2008)
1. Definitions (1) In this ordinance, unless the context otherwise requires, :-
(a) “Act”, “statutes”, “ordinances” and “regulations” mean respectively, The Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak Act No.26 of 2008, the statutes, the ordinances and the regulations of the Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak.
(b) “Affiliated colleges and institutions” mean the colleges and institutions affiliated to the Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak.
(2) Words and expressions used, but not defined, in these ordinances shall have the meanings assigned to them in the Act and the statutes.
2. Powers to vest in the Vice- Chancellor/ Director/ Principal of affiliated colleges and institutions.
(1) All powers relating to maintenance and enforcement of discipline among and disciplinary action against the students of the University shall vest in the Vice- Chancellor.
(2) The Vice-Chancellor may delegate all or any such of his powers, as he deems proper, to such other officers and authorities of the university as he may specify in this behalf.
(3) The Principals/ Directors of affiliated colleges and institutions shall have the authority to exercise all such disciplinary powers over the students in their respective colleges and institutions.
3. Acts of indiscipline and misconduct
(1) Without prejudice to the generality of the power to maintain and enforce discipline under this ordinance, the following shall amount to acts of indiscipline or misconduct on the part of a student of the University and affiliated colleges and institutions :-
(a) physical assault, or threat to use physical force, against any member of the teaching or non-teaching staff of the University or an affiliated college or institution or against any student of the University, an affiliated college or institution.
(b) remaining absent from the class, test or examination or any other curricular or cocurricular activity which he is expected to participate in;
(c) carrying of, use of or threat to use, any weapon;
(d) misbehavior or cruelty towards any other student, teacher or any other employee of the University, a college or institution;
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(e) use of drugs or other intoxicants except those prescribed by a qualified doctor;
(f) any violation of the provisions of the Civil Rights Protection Act, 1976;
(g) indulging in or encouraging violence or any conduct which involves moral turpitude;
(h) any form of gambling;
(i) violation of the status, dignity and honour of a student belonging to a scheduled caste or a scheduled tribe;
(j) discrimination against any student or a member of staff on grounds of caste, creed, language, place of origin, social and cultural background or any of them;
(k) practising casteism and untouchability in any form or inciting any other person to do so;
(l) any act, whether verbal or otherwise, derogatory to women;
(m) drinking or smoking;
(n) any attempt at bribing or corruption of any manner;
(o) wilful destruction of the property of the University or an affiliated college or institution;
(p) behaving in a rowdy, intemperate or disorderly manner in the premises of the University or the college or the institution, as the case may be, or encouraging or inciting any other person to do so;
(q) creating discord, ill-will or intolerance among the students on sectarian or communal grounds or inciting any other student to do so;
(r) causing disruption of any manner or description of the academic functioning of the University system;
(s) indulging in or encouraging any form of disruptive activity connected with tests, examinations or any other activity of the University or the college or the institution, as the case may be.
(t) truancy and unpunctuality;
(u) ragging as defined in this ordinance.
(v) refusal or failure to comply with any order of the Vice- Chancellor or Director/ HOD/ Principal of the college, prohibiting any conduct which he has reasonable cause to believe is likely -
(i) to disrupt teaching, study, research or the 43 administration of the University or colleges maintained/ affiliated by University; or
(ii) to obstruct any officer or employee of the University or colleges maintained/ affiliated by University in the performance of his/ her duties;
(2) The Vice-Chancellor may amend or add to the list of acts of indiscipline or misconduct under sub clause (1).
4. Penalties for breach of discipline Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action in the interest of maintaining discipline as deemed appropriate by him,
(1) The Vice-Chancellor and the Directors/ Principals of affiliated Colleges may order upon any student found to be guilty of any of the offences specified in Clause-3 any of the following penalties:-
(a) reprimand:
Provided that such reprimand shall form part of such student’s official record for the remainder of his or her studies in the curriculum concerned;
(b) fine of a specified amount of money.
(c) withdrawal of any academic or other University or college privilege, benefit, right or facility other than the right to follow courses of instruction and present himself for examinations
(d) suspension;
(‘suspension’ means the withdrawal of all academic or other University privileges, benefits, rights, and facilities and during the period of suspension the student shall not be entitled to enter or remain on any property or premises of the University)
(e) debar from taking a University examination or examinations for one or more years.
f) expulsion from the University, college or institution, as the case may be, in which case he shall not be readmitted to the University, college or institution from where he is expelled but it shall not preclude his admission to any other affiliated college or institution with the previous approval of the Vice-Chancellor; or
(f) be not, for a stated period, admitted to a course or courses of study of the University;
(2) the Vice-Chancellor, in exercise of his powers aforesaid or on the recommendations of the Directors/ Principals of the affiliated colleges or institutions, may also order or direct 44 that the result of the student concerned of the examination or examinations at which he has appeared, be cancelled.
5. Declaration to be signed by a student At the time of admission, every student shall be required to sign a declaration on oath that he shall submit to the disciplinary jurisdiction of the Vice-Chancellor and authorities of the University or of the Director or the Principal of the college or institution, as the case may be.
6. Prohibition of ragging and penalties thereof
(1) Ragging in any form shall be strictly prohibited within the premises of the University, a college or an institution, as the case may be, or in any part of the University system as well as on public transport, or at any other place, public or private.
(2) Any individual or collective act or practice of ragging shall constitute an act of gross indiscipline and shall be dealt with under the provisions of this ordinance.
(3) Ragging, for the purposes of this ordinance, shall ordinarily mean any act, conduct or practice by which the dominant power or status of senior students is brought to bear upon the students who are in any way considered junior or inferior by the former and includes individual or collective acts or practices which-
(a) Involve physical assault or threat to use physical force;
(b) Violate the status, dignity and honour of students, in particular women students and those belonging to a scheduled caste or a scheduled tribe;
(c) Expose students to ridicule or contempt or commit an act which may lower their self esteem; and
(d) Entail verbal abuse, mental or physical torture, aggression, corporal punishment, harassment, trauma, indecent gesture and obscene behaviour.
(4) The Dean of the Faculty, Chief Warden, Director of the institution or the Principal of the college, as the case may be, shall take immediate action on the receipt of any information that ragging has taken place or is likely to take place.
(5) Notwithstanding anything contained in clause (4), the chairman of the Board of Discipline of University and its maintained colleges or the chairman of the Board of Discipline of an affiliated college or institution may also suo motu inquire into any incident of ragging or likelihood of such incident and make a report to the Vice-Chancellor or Director/ Principal of the affiliated college/ institution, as the case may be, clearly pinpointing, among other details, the identity of the student or the students who were involved in the incident and the nature of the incident.
(6) The chairman of the Board of Discipline may also submit an 45 interim report to the Vice-Chancellor in the case of University and its maintained colleges or to the Principal/ Director of the affiliated colleges, as the case may be, establishing the identity of the perpetrators of ragging and the nature of the incident.
(7) If the chairman of a Board of Discipline is satisfied that for any reason, to be recorded in writing, it is not feasible to hold an inquiry referred to in clauses (4) and (5), he may so advise the Vice-Chancellor or Director/ Principal of the affiliated college/ institution as the case may be accordingly.
(8) Where the Vice-Chancellor or the Director/ Principal in case of affiliated colleges is satisfied, on receipt of a recommendation to this effect or otherwise, that it is not expedient to hold an inquiry into an incident of ragging, he shall order accordingly for reasons to be recorded in writing.
7. Constitution of the Boards of Discipline
1. The Boards of Discipline at the level of the University and affiliated colleges and institutions shall be constituted by the Vice- Chancellor as follows:-
(a) University:
(i) Director, PGIMS, Rohtak, chairman
(ii) Principal, PGIDS, Rohtak, member
(iii) Two Senior Professors of the University to be nominated by the Vice- Chancellor, members
(iv) One Senior Professor (Woman) of the University to be nominated by the Vice-Chancellor, member
(v) Dean/ Deans of the concerned Faculty/ Faculties to which the act of indiscipline or misconduct by a student or students pertains to.
(b) Affiliated colleges or institutions:
(i) The Director of the institution or the Principal of the college concerned, -chairman
(ii) Two senior teachers of the institution or the college to be nominated by the Trust or the Society or Head of the Institution running the college/ institution, -member
(iii) One senior lady teacher of the college or the institution to be nominated by the Trust or the Society or Head of the Institution running the college/ institution, -member.
(2) The nominated members shall hold office for a period of two years and a vacancy occurring in the Board of Discipline shall be filled for the remaining period of the term of the member whose departure has caused the vacancy.
(3) Three members of the Board of Discipline including the Chairman, shall form the quorum.
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(4) In the absence of the Chairman, the senior most member of the Board of Discipline shall act as a Chairman.
8. Functions of the Board of Discipline
(1) The Board of Discipline shall perform the following functions:-
(i) To consider matters concerning maintenance of discipline among the students in the University teaching department or the college or the institution, as the case may be,
(ii) To enquire into the acts of indiscipline or misconduct committed by a student or students whenever such cases are referred to the Board of Discipline by the Vice-Chancellor, Dean of the concerned Faculty or the Principal of a college or Director of an institution and to submit their findings, conclusions and recommendations for the quantum of punishment under the provision of this ordinance to the Vice- Chancellor or the person authorised by the Vice- Chancellor in this behalf/ Director of the institution/ Principal of the college, as the case may be.
(iii) To supervise and monitor the disciplinary climate prevailing in the University or the college or the institution, as the case may be.
(iv) To take preventive and precautionary steps such as issue of notices, warnings, instructions etc. as the case may be, for the purpose of forestalling acts of individual or collective indiscipline, misconduct and ragging, etc.
(v) To maintain liaison with the police authorities and the concerned departments of the Government, neighbouring institutions and the concerned authorities of the University regarding maintenance of law and order in the University or the college or the institution, as the case may be.
(vi) To perform such other functions as may be assigned to it by the Vice-Chancellor / Director of the institution/ Principal of the college from time to time.
(2). The decision in each case shall be conveyed by the chairman of the Board of Discipline concerned communicating the penalty or penalties, if any, imposed on a student or students.
(3). A student or students who are aggrieved with the penalty imposed upon them, may appeal to the Vice-Chancellor whose decision in this regard shall be final and binding on the parties.