vf pe? Gol a REGISTERED No. DLN)—04/0007/2003—05 Che Gazette of Su weer S weer PUBLISHED By AUTHORITY dia WR fevei, whtar, wat 19—sTat 25, 2013 (ty 29, 1934) DELHI, SATURDAY, JANUARY 19-JANUARY 25, 2013 @AUSA 29, 1934) 4 [PART III—SECTION 4] Meee Ent atti arty, fara pede [Miscellaneous Notifications including Notifications, Orders, Advertisements and Notices:issued by Statutory Bodies] ee smcta feral ey, i Fe Free Hr fara gu aaah free ® faa GR- Sf eae Fas Pratap & oats em Wat -soon0s, fake 6 Ree 2012 2. Store a Petet Prt fag ‘waits ord ta & ete a, ‘ 3 ee a UMTS) 2012- sta Fd ey, ew ait stork ( i fe 8 hie ci ) Tee 3 Ae sea geet ate gu aT 8 Ugw Mat . a os sae a“ tal reer & ae ere fase ot Feat Ay an arch a fatratia wet B foqe, das / a, st Piet fa a3 ry .
far # sary &, mia Fide eae Cxtandy,” , 7 Trevfottan Pree Sn oreaas #1 srg fod dar , ie fava a @ Fra Tom aftr er (ae) nen 28g — Bena ae Be 8 fawn vor a oat Cae are ical Revi a an faq eet Fe, 2012 Be oT, ie Peter wearer wore a am ii, AR Rate as # frag, fara os Sad 2011 & aor thfa( are ATT fe Fa a oly me Sra oh as a fae am fan #1 f le Gu3ai2 Fae (fad da) STL MR a At oeMERRT Bam 8 Momh cto 9) sf G. 206/03.10,001/2010 418 hy cet) vont & ager Staea vine 8 sh Fea wef & Fag 7) S oN, 4 \ fat, ‘, The 17th December 2012 \ No. 14-3/2012(CPP-I}—In exercise of the powers conferred by sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (3 of 1956), the University Grants Commission (UGC) hereby makes the following Regulations namely -— Pare ([-—Sec. 4] THE GAZETTE OF INDIA, JANUARY 19, 2013 (PAUSA 29, 1934)
4. SHORT TITLE, APPLICATION AND COMMENCEMENT:-
(1) These regulations may be called the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012. ,
(2) They shall apply to all the higher educational institutions in India. |
(3) They shall come into force from the date of their publication in the Officiat Gazette. :
nN TIONS:- in these regulations, unless the context otherwise requires, -
(a) “constituent of higher educational institutions” means any authority or | person or group of persons or sections of the institutional community | belonging to the higher educational institutions; :
(b) “discrimination” means any distinction, exclusion, limitation or preference which has the purpose or effect of nullifying or impairing equality of treatment in education and in particular - i) _ of depriving a student or a group of students on the basis of caste, creed religion, tanguage, ethnicity, gender, disability of access to education of any type or at any level, .
33) of imposing conditions on any student or group of students which are ihcompatible with the dignity of human; and .
iii) of subjecting to the provision of establishing or maintaining separate educational systems dr institutions for students or groups of students based on caste, creed, religion, language, ethnicity, gender and !
disabilities. . :
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(c) “equity” means a level playing field fof all students in respect of the entitlement and opportunity for enjoyment of all legitimate rights.
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(d) “harassment” means unwanted conduct which is persistent and demeans, humiliates or creates a hostile and intimidating environment or is calculated to induce submission by actual or threatened adverse consequences, (e} “higher educational institution” means a university within the meaning of clause (f) of section 2, a College within the meaning of clause (b) of subsection (4) of section 12 A and an institution deemed to be a University.
declared under section 3 of the University Grants Commission Act, 1956;
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4, 4 THE GAZETTE OF INDIA, JANUARY 19, 2013 (PAUSA 29, 1934) “ragging’ means any of the acts as Commission Regulations on Curbin Education Institutions, 2009;
defined under the University Grants g the Menace of Ragging in Higher unfavourable treatment” environment, denial of trainj unfavorable probationary r peers:
means any adverse changes in the working ng, and denial of opportunities for advancement, victimisation” means any unfavorable treatment of a Student on the basis caste, creed, religion, language, ethnicity, gender and disability.
Higher Educational tnstitution to take measure against discrimination:- 11) Every highér educational institution shall take appropriate measures to - 2) safeguard the interests of the students without any prejudice to their caste creed, religion, language, ethnicity, gender and disability Q ekminate discrimination against or harass! ia higher educational institutions by prohibiti harassment, promote equality among students of all sections of the society.
) Without prejudice to the directives or, instructions of the Centrai sovernment or the State Governments issued from time to time in respect of ent of students belonging to Scheduled Castes or the Scheduled 0 higher educational institution shall discriminate a student belonging to the Scheduled Castes and the Scheduled [Tribes categories, or allow or one any constituent of the higher educational institution to discriminate 4 student or group of such students, and take the following measures | {a} the higher educational institution or constituent of higher educational Isstitution shall not discriminate against students belonging to the Scheduled Castes and the Scheduled Tribes in admissions - by breach of the Dolio “applicable: ~ my in accepting application for admission of §udh students: irl in the'way in which an application is processed; i} i the arrangements made for, or the ¢riteria used jn, deciding who should be offered admission asa student; by withholding or refusing to return ahy document in the form of certificates of degree, diploma, etc., depbsited with higher educational institutions by such a student for the purpose of seeking admission, with a view to inducing or compelling su¢h a student to Pay any fee or fees in respect of any course or programme of study which he/she does not intend to pursue:
y of reservation in admissigns as may be ’ [Parr [11—Sec. 4 eports, vexatious grievances and exciusion by Pare I —Sec. 4} ‘THE GAZETTE OF INDIA, JANUARY 19, 2013 (PAUSA 29, 1934)
(vi) by demanding money in excess of that specified in the declared admission policy;
(vii) by denying or limiting access to any benefit arising from such enrolment provided by the higher educational institutions;
(wilt) by treating unfavorably in any Way in con nection with the student's enrolment to a specific standard of class or area of study, training or instruction.
(b) the higher educational institutions or constituent of higher'educational institutions shall prohibit all persons and authorities of the higher educational institutions from harassing of victimizing any student.
{i} by announcing, verbally or otherwise, in the class, the names of the castes, tribes, religion or region of the students,
(ii) by labeling students as reserved category in the class;
(iii) by passing derogatory remarks indicating caste, Social, regional, racial or religious background as reason of under-performance in the class;
by allotting differential time to any student to meet faculty as compared to other students; 3 ‘ -
(vy), by keeping any student idle in the laboratory and not allowing him/her to work even if he/she is allowed to enter,
(vi) by earmarking separate seats to any stude the reading hall,
(vil) by following differential treatment to books or journals or magazines, etc.;
(vill) by treating any student or section of students separately in utilising the sports facilities on the basis of their caste, creed, region or teligion.
nt or a group of students in any student regarding issue of {ce} The higher educational institution oF constituent of higher educational institution shall not discriminate of allow discrimination in evaluation on the basis of caste, creed, religion, language, ethnicity, gender and disability - G) by not properly evaluating and re-evaluating examination papers of such students and by giving them less marks, .
Gi) by delaying declaration of results of any student or section of students,
(d) the higher educational institution or constituent of higher educational institution shall ensure that there is no discrimination against the students on the basis of caste, creed, religion, lahguage, ethnicity, gender and disability:
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(i) by not giving full information about the fellowships related matters,
(i) by withholding or stopping the fellowships meant for students, “sk (e} The higher educational institution or constituent of higher educational institution shal! ensure that no student or section of students is discriminated on the basis of caste, creed, religion, language, ethnicity, gender and disability, against - {i) by segregating such students from others in hostel or mess or reading room or cOffimon room or playground or canteen and any other student amenities including drinking water facilities, etc.;
(ii) by indulgirfg in acts of ragging specifically targeted against such students;
| , THE GAZETTE OF INDIA, JANUARY 19, 2013 (PAUSA 29, 1934) [Parr IlI—Sec. 4 1 ')by doing any thing which disrupts or disturbs the regular activities of such students (ivjby any act of financial extortion or forceful expenditure put on such students:
'y not allowing such ‘students to participate in the cultural programme .or the sports events:
uf the higher educational institution shall promote equality among all sections of - the students without-prejudice to their belonging to any social group and for ibls purpose it shall establish an Equa! Opportunity Cell and appoint an Anti- Discrimination Officer who shall not be below the rank of a Professor in the case of a University and an Institution deemed to be a University, and not below the rank of Associate Professor in the case of a college;
{g} the higher educational institution shall prohibit any conduct by any person or group of persons in the higher educational: institution, whether by words spoken or written or by any act which has the effect of tagging on stydents.
4 the higher educational institution shall prescribe the procedures and mechanism, within a period of six months of coming into force of. these regulations, to deal with and decide any complaint of discrimination, made or submitted by any student or group af students.and it shall be obligatory on.the part of the higher educational institution to decide such complaints within a maximum period of sixty days from the date of receipt or submission of such complaints:
the higher educational institution shail take steps to educate the educational fraternity and public and raise public awareness on the importance of equality and overcoming any form of caste based jdiscrimination and harassment against students belonging to the marginalized sections, including SC/ST students of the society in higher educational institution:
|; The higher educational institutions shall ensute the strict implementation of all constitutional provisions and protective mdasures in respect .of students belonging to SC/ST categories;
ix} the higher educational institution shall upload on its website all measures for elimination of discrimination and punishments for breaching them and the higher educational institution shail’ also upload relevant public awareness material for prevention of discrimination ddainst and harassment of any section of the student. :
PUNISHMENTS:- (1) Whoever commits ‘any Met of discrimination ar harassment as specified in these regulations against any student or section of Students in any higher educational institution, shall be dealt with through the following procedure, namely:- al on receipt of a written complaint, the; Anti Discrimination Officer shalt initiate follow-up action including preliminary fact finding inquiry, if he considers necessary; ;
en the recommendation of the Anti Discrimination Officer, the higher educational institution shall take appropriate follow-up action:
THE GAZETTE OF INDIA, JANUARY 19, 2013 (PAUSA 29, 1934) the competent authority of the higher educational institution upon receipt of the inquiry report shall refer the same to the Anti Discrimination Officer in the case of students for taking appropriate action in accordance with the provisions of the Statutes or Ordinances or Regulations of the higher educational institution or the UGC Regulations on Ragging and any other Regulations in force; or d) in case of teachers and non-teaching staff, the competent authority of the higher educational institution upon receipt of the inquiry report shall take appropriate action in accordance with the provision of the Statutes or Ordinances or Regulations of the higher educational institution or service rules as applicable to higher educational institution.
2 The punishment shall be commensurate with the nature of the discrimination or harassment. - LINFORMATION ABOUT THE COMPLAINT:- (1) A camplaint about discrimination or harassment as defined in these regulattons may be made in writing by a student or a parent of 3 student irrespective of whether the discrimination or harassment is alleged to have taken place within or outside the higher educational institution. :
2. The complaint shail include sufficient details of the alleged act. of discrimination or harassment.
3 The compiaint shail be made to the Anti Discrimination Officer.
4. The higher educational institution shall formulate and make public, by uploading the information on its website, a transparent procedure for filing and dealing with such complaint. , . APPEAL Subject to provisions made by higher educational institutions, any person aggrieved by an order made by the Anti Discrimination Officer may prefer an appeal against such order within a period of ninety days from the date of the order to the Head of the higher educational institution.
Provided that the Head of the higher educational institution may entertain an appeal after the expiry of the said period of ninety days, if he is satisfied that the appellant had sufficient cause for not pfeferring the appeal within the said period of ninety days.
AKHILESH GUPTA Secy.
W419 GUZO1Z