REGISTERED NO. PT.-40 REGISTERED NO. PT.
The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette
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22 Bhadra 1940(S)
(NO.PATNA 846) PATNA,
PATNA, THURSDAY 13TH SEPTEMBER
SEPTEMBER 2018 Education Department _________ Notification The 11th September 2018
No. 15/M 1-53/2014- Under the provisions of section 32 of Bihar Private -1631—Under the provisions of section 32 of Bihar Private Universites Act 2013 the State Government has been pleased to approve the following first Universites Act 2013 the State Government has been pleased to approve the following first Universites Act 2013 the State Government has been pleased to approve the following first established vide State Government Ordinance for Sandip University, Sijoul, Madhubani Ordinance for Sandip University, Sijoul, Madhubani established vide State Government notification no. 1146 dated 08.06.2017 notification no. 1146 dated 08.06.2017
Ordinances of the Sandip University, Sijoul (Bihar)
Ordinances of the Sandip University, Sijoul (Bihar)
Short Title and Commencement—
1. Short Title and Commencement These "Ordinances" shall mean the Ordinances of the Sandip University, Sijoul, 1.1 These "Ordinances" shall mean the Ordinances of the Sandip University, Sijoul, These "Ordinances" shall mean the Ordinances of the Sandip University, Sijoul, Madhubani, Bihar – 847235. Madhubani, Bihar
2. Definitions— 2.1 "Academic Counselor" means a faculty member assigned the task of providing "Academic Counselor" means a faculty member assigned the task of providing "Academic Counselor" means a faculty member assigned the task of providing specific and program specific information to a group of students and the course-specific and program specific information to a group of students and specific and program specific information to a group of students and to advise them on the choice of suitable courses. to advise them on the choice of suitable courses. 2.2 "Act" means the Bihar Private "Act" means the Bihar Private Universities Act, 2013; 2.3 "Board of Management" means the Board of Management constituted under "Board of Management" means the Board of Management constituted under "Board of Management" means the Board of Management constituted under section 23 of the Act; section 23 of the Act; 2.4 "Campus" means the area of University within which it is established; "Campus" means the area of University within which it is established; "Campus" means the area of University within which it is established; 2.5 "Class" means specific group of students meeting for specific instr "Class" means specific group of students meeting for specific instructional "Class" means specific group of students meeting for specific instr courses; 2.6 "Continuing Student" means a student, who has completed at least one term, "Continuing Student" means a student, who has completed at least one term, "Continuing Student" means a student, who has completed at least one term, prior to the current term. prior to the current term. 2.7 "Course" means a prescribed set of instructions in a subject offered as a unit of "Course" means a prescribed set of instructions in a subject offered as a unit of "Course" means a prescribed set of instructions in a subject offered as a unit of studies within an academic program; studies within an academic program;
2.8 "Course Co-ordina tor" means the teacher who teaches and or coordinates the ordinator" means the teacher who teaches and or coordinates the various activities of a Course; various activities of a Course;
2 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 20182.9 "Course Detail" means detailed scheme of a course; 2.10 "Curriculum" includes the set of Academic Regulations, Course-Structure and Course-Contents;
2.11 "Department" is a part of School running one or more courses in the University. 2.12 "Distance Education" means education imparted by combination of any one or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programs and any other such methodology including online courses, instructions etc.;
2.13 "ETE" means End-Term Examination. 2.14 "Expulsion" means removal of a student for a specified period of time from the University rolls.
2.15 "Faculty Advisor" means the Faculty Advisor or the Panel of Faculty Advisors in the Department for a group of students;
2.16 "Fee" means monetary collection made by the University or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable;
2.17 "Government" or the "State Government" means the Government of Bihar; 2.18 "Governing Body" means the Governing Body constituted under section 22 of the Act;
2.19 "Higher Education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;
2.20 "Hostel" means a place of residence for the students of the University or its institutions and study centers, established or recognized by the University;
2.21 "Official Gazette" means the Government of Bihar Gazette; 2.22 "Practical" means classes that require students (generally in smaller groups compared to lecture) to perform certain activities that help them to test and understand what is being taught in the course of studies or otherwise;
2.23 "Prescribed" means prescribed by statutes or ordinances or regulations, as the case may be;
2.24 "Programme Co-ordinator" means a faculty in charge of an academic programme;
2.25 "Regulating Body" means a body established by the Central Government or the body which controls and supervise standard of education for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, Medical Council of India, Bar Council of India, Pharmacy Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Council of Scientific and Indian Research etc., and includes the Government;
2.26 "Roll Number" means a number given to every student admitted in the University;
2.27 "Rustication" from the University means the withdrawal of right of access to entire premises and facilities of the University for a specified period of time and till the fulfillment of specified conditions;
2.28 "School" is combination of various departments run in the University wherein these departments are specialized in one particular area, subjects or faculty;
2.29 "Sponsoring Body" means the Sandip Foundation, registered as a Trust under the Bombay Public Trusts Act; XXIX of 1950;
2.30 "State" means State of Bihar; 2.31 "Statutes", "Ordinances" and "Regulations" means respectively, the statutes, ordinances and regulations of the Sandip University;
2.32 "Student" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction instituted by the University, including research degree;
3 BIHAR GAZETTE (EXTRA), 13TH SEPTEMBER 20182.33 "Study Center" means a center established and maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of education, distance education and online education;
2.34 "Suspension" from the University means withdrawal of the right of access to all or some of the facilities or premise of the University as an interim measure pending further investigation;
2.35 "Syllabi or a Curriculum" means and includes description of nature, duration, pedagogy, syllabus and related details of a program;
2.36 "Teacher" means a Professor, Associate Professor, Assistant Professor or any other person required to impart education or to guide research or to render guidance in any form to the students for pursuing a course of study of the University;
2.37 "Term" means a part of academic year and includes Semester, wherever applicable;
2.38 "Tutorial" means a class that offers students (generally in smaller groups compared to lectures) an opportunity to discuss in detail about the subjects taught, ask questions with their classmates and the teacher.
2.39 "University" means the Sandip University, Sijoul established under section 6 of the Bihar Private Universities Act, 2013;
3. Admission and Registration of Students— 3.1 Admission shall be based on merit providing equal opportunity to all the students without any prejudice towards gender, religion, caste, or creed.
3.2 The University shall make provisions for reservation of the students belonging to weaker and backward section of the society and others in accordance with the prevailing policy of Government of Bihar.
3.3 The admission criteria as recommended by the Admission Committee and approved by the Vice-Chancellor shall be followed for admission in all the programmes of studies. The criterion, if any, prescribed by Statutory Councils shall be followed in admissions to the programmes of studies governed by the respective councils.
3.4 The registration of the provisionally admitted and continuing students shall be done by the respective school as per the dates notified in Academic calendar each year. If it is not possible, for any reason, to follow the Academic Calendar the Admission Committee shall record the reasons thereof in writing. 4. Programmes of Studies and Degrees— 4.1 The University shall offer Certificate, Diploma, Under Graduate, Post Graduate and Doctoral programmes in the subject under respective faculties as mentioned in the Statutes duly approved by the Board of Management on the recommendation of the Academic Council.
4.2 The nomenclature of various degrees shall be as per the Regulations issued by the University Grants Commission from time to time.
4.3 The structure and duration of the Academic programs shall be as approved by the Board of Management on the recommendation of Academic Council.
4.4 The University shall make suitable provisions for admission through lateral entry or transfer of credits by the Vice-Chancellor on the recommendation of Dean of the concerned faculty.
4.5 The University may also run courses through distance learning, Correspondence and in online modes. The guidelines of University Grants Commission shall be followed in this respect.
5. Medium of Instruction and Examinations—
The medium of instruction and examinations shall be English, Hindi or Maithili.
4 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 20186. Conferment of Degrees, Diplomas and other Distinctions— 6.1 The Degrees shall be conferred in an annual Convocation or in a separately organized convocation for the purpose of conferring degrees for specific reason.
6.2 The Academic Council shall approve the text and the format of the degrees, diploma and the citations.
6.3 The Visitor or in his absence; the Chancellor; or in the absence the Chancellor, the Vice-Chancellor shall preside over the convocation or the special convocation.
7. Award of Fellowships, Scholarships, Medals and Prizes—
The Deans of the faculties shall institute and decide the policy for the award of fellowships, scholarships, studentships, medals and prizes, to be approved by the Academic Council.
8. Co-operation and Collaborations— 8.1 The University may cooperate and collaborate with other Universities, Institutions, Centers of Excellence and 'Persons of Eminence' on mutually agreed terms in areas including the following:
(i) Establishment of University Centre abroad; (ii) Joint Research projects funded by national and international agencies; (iii) Exchange of faculty; (iv) Twinning programme, Articulation of syllabus, Exchange of students at Under Graduate, Post Graduate level and higher levels under credit transfer arrangement;
(v) Sharing of course and instruction materials; (vi) Developing e-courses for interactive and integrated learning; (vii) Sharing of Library, Laboratory and other learning resources; (viii) Joint arrangement for:
(a) Holding Conferences, Seminars and Workshops; (b) Training and Internship Programs; (c) Refresher and continuing education Courses;
(ix) Expert lectures; (x) Any other activities of mutual interest.
8.2 The scope and the terms and conditions of cooperation and collaboration shall be as approved by the Board of Management from time to time.
9. University Fees— 9.1 The Vice-Chancellor shall appoint a committee to propose the tuition, examination and any other fees chargeable from the students for various programmes of degrees, diplomas and certificate courses of the University.
9.2 The committee shall consist of the following:—
(i) Pro-Vice-Chancellor – Chairman; (ii) one Dean to be nominated by the Vice-Chancellor; (iii) two teachers nominated by the Vice-Chancellor; (iv) one officer not below the rank of Assistant Registrar nominated by the Vice-Chancellor – Member Secretary.
Provided that there is no Pro Vice Chancellor, the Dean nominated by the Vice – Chancellor shall be the Chairman of the committee.
9.3 The committee shall take into account the expenses incurred and income and prepare a proposal to be submitted to the Academic Council. The Academic Council shall consider the same and submit its recommendation with or without modifications to the Board of Management for its approval.
9.4 The revised fee shall be applicable to all the students admitted in that Academic year and onwards.
9.5 The fees chargeable to the students as decided by the Board of Management shall be submitted to the appropriate authority constituted by the State Government, wherever necessary.
5 BIHAR GAZETTE (EXTRA), 13TH SEPTEMBER 201810. Maintenance of discipline among Students— 10.1 (i) All powers relating to maintenance and enforcement of discipline and taking disciplinary action against the students shall vest in the Vice- Chancellor.
(ii) The Vice-Chancellor may delegate his powers pertaining to exercise of disciplinary control over the students to the Deans of the respective faculties.
(iii) Without prejudice to the generality of the power to maintain and enforce discipline under this ordinance, the following shall constitute as an act of misconduct on the part of a student of the University:
(a) physical assault or threat to use the physical force against any member of the teaching or non-teaching staff of the University or against any student of the University;
(b) remaining absent from class, test or examination or any other curricular or co-curricular activity without permission of the concerned person;
(c) carrying of, threat of, or use of any weapon; (d) misbehavior with employee of the University or a fellow student; (e) encouraging or indulging in violence or any act of unbecoming of student; (f) involving in any act or any offence involving moral turpitude; (g) violation of status, dignity and honor of a student belonging to weaker and socially deprived class or community;
(h) discrimination against any student or staff on grounds of caste, creed, language, place of origin or social and cultural background;
(i) practicing casteism and untouchability in any form or inciting any other person to do so;
(j) any act, whether verbal action or otherwise or derogatory remarks in case of a woman;
(k) any form of gambling; (l) an attempt of bribing or corruption in any manner; (m) willful destruction of the University property; (n) behaving in a rowdy, intemperate or disorderly manner in the premises of the University or encouraging or inciting any other person to do so;
(o) causing disruption in any manner of the academic functioning of the University;
(p) indulging in or encouraging any form of disruptive activity related to the assessment or the examination work or any other activities of the University;
(q) indulging in any act of ragging; (r) use of drugs or other intoxicants banned by the Government; (s) any other act that may be construed as misconduct such as:
(i) an act of sexual harassment perpetuated against a student, employee or a visitor in and around the University campus;
(ii) resorting to mass bunks; (iii) staging dharna or any other form of protest against the University without resorting to Grievance Redressal mechanism of the University;
(iv) committing theft of equipment, books, appliances, gadgets or any other material, tangible or intangible.
(iv) The Vice-Chancellor may, on the recommendation of Dean, in exercise of the powers vested in him, order or direct that a student: (a) be expelled from the University for a specified period; (b) be rusticated for a specified period and shall not be admitted to any course in the University nor shall he be allowed for any examination of the University;
(c) be imposed by fine.
6 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 201810.2 At the time of admission, every student shall sign an undertaking that he shall submit himself to the disciplinary jurisdiction of the Vice-Chancellor and Dean of the School where he has been admitted.
10.3 (i) Ragging in any form is strictly prohibited within the University premises, in public transport or at any other place, public or private. Anybody found involved in an act of ragging shall be dealt with strongly including registration of criminal case with the police.
(ii) Any individual or collective act or practice of ragging shall be treated as an act of gross indiscipline and shall be dealt with under the provisions of this Ordinance or the provisions of law enacted from time to time. (iii) 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 consisting of:
(a) Physical assault or threat to use physical force; (b) Violation of the status, dignity and honor of students; (c) Expose students to ridicule or contempt or commit an act which may lower their self esteem;
(d) Verbal abuse, mental or physical torture, aggression, corporal punishment, harassment, trauma, indecent gesture and obscene behavior.
(iv) The Dean shall take immediate action either suomoto or on the receipt of a complaint or information of ragging or its likelihood coming to his knowledge.
(v) The Vice-Chancellor, if satisfied that there was ragging or an attempt of ragging, shall impose a penalty on the students involved in such act of ragging.
10.4 The Disciplinary Committee shall be constituted by the Vice-Chancellor to maintain discipline on the premises of the campus including hostels and avoid acts of indiscipline and ragging of students. The composition of the Disciplinary Committee shall be as under: (i) a Professor of the University - Chairman; (ii) five teachers, of which one shall be a lady teacher and one from Backward Class of the University;
(iii) The tenure of Disciplinary Committee shall be for a period of one year.
11. Migration of Students—
Inter-university migration of the students may be allowed on the recommendation of a committee consisting of three members appointed by the Vice-Chancellor under the chairmanship of the Dean concerned.
12. Convocation— 12.1 The Convocation for the purpose of conferring degrees and other distinctions of the University shall be held annually on such date as the Visitor may fix. 12.2 The Academic Council shall approve the degrees, diplomas and other distinctions to be conferred.
12.3 The Examinations unit shall prepare a list of students who have completed all the requirements for conferment of a degree, diplomas and forward it to the Dean of the School.
12.4 The Degree Certificates shall be signed by the Vice-Chancellor. 13. Academic Calendar— 13.1 The normal duration of the course leading to respective degrees shall be divided into the number of semesters specified in the structure of the respective courses.
13.2 Every academic year shall be divided into two semesters, each of minimum ninety working days duration including Examinations.
7 BIHAR GAZETTE (EXTRA), 13TH SEPTEMBER 201813.3 The schedule of academic activities for a Semester, including the dates of registration, mid-semester examination, end-semester examination, re- examination, inter-semester vacation, etc. shall be named as the Academic Calendar of the Semester, which shall be prepared by the Dean and approved by the Vice-Chancellor.
13.4 The Academic Calendar must be adhered to, and all other activities including co- curricular or extra-curricular activities must be scheduled so as not to interfere with the Curricular Activities as stipulated in the Academic Calendar.
13.5 Under any circumstances when any of the teaching days are declared as Holidays or otherwise when the classes get suspended, irrespective of any reasons, appropriate makeup for such loss shall be made by Program Coordinator by arranging the lectures or lab or teaching sessions on suitable days.
14. Appointment of Examiners, Paper Setters and Moderators— 14.1 The Academic Council shall lay down the guidelines for eligibility criteria including qualifications, experience of teaching or research etc. for appointment of examiners, paper setters and moderators.
14.2 The Board of Studies shall prepare a panel of eligible teachers as per the guidelines of Academic Council for each course of studies as paper setters, examiners and moderators.
The Board of examination shall appoint, out of a panel suggested by Board of Studies, the papers setters, examiners and moderators for specified turn of examinations.
15. Conduct of Examinations— 15.1 The Head of the Department shall be the Chief Conductor of the Centre where examination is to be conducted. If substitute arrangement is required to be made, the concerned head shall appoint a suitably qualified teacher as the Chief Conductor of that Centre of Examination with prior permission of the Controller of Examinations.
15.2 The Chief Conductor shall make necessary arrangements for smooth conduct of examinations such as arrangements of stationery required, making seating arrangement of examinees, appointment of Invigilator or Jr. Supervisor, distribution and collection of answer books and question paper wherever necessary.
15.3 The Chief Conductor shall do all the necessary administrative work as may be prescribed by the Controller of Examinations.
15.4 The Chief Conductor shall ensure that the students are not resorting to unfair means and practices.
16. Unfair Means Committed by the Students— 16.1 The Board of Examinations shall be the competent authority to take disciplinary action against a student for his misconduct and use of unfair means at the examination of the University.
16.2 Definitions: Unless the context otherwise requires
(i) student means and includes a person who is enrolled by the University for receiving instructions qualifying for any degree, diploma or certificate awarded by the University. It includes ex-student and student registered as candidate (examinee) for any of the Degree, Diploma or Certificate examinations.
(ii) unfair means includes one or more of the following acts or omissions on the part of student/s during the examination period: (a) possessing material and or copying therefrom; (b) transcribing any unauthorized material or any other use thereof; (c) intimidating or using obscene language or threatening or use of violence against invigilator or person on duty for the conduct of examination or man-handling him or leaving the examination hall8 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 2018 without permission of the supervisor or causing disturbances in any manner in the examination;
(d) unauthorisedly communicating with other examinees or anyone else
inside or outside the examination hall;
(e) mutual or mass copying; (f) smuggling out, either blank or written or smuggling in answer
books as copying material;
(g) smuggling in blank or written answer book and forging signature of
the Jr. Supervisor or Invigilator therein;
(h) interfering with or counterfeiting of University seal or answer books
or office stationary used in the examination;
(i) insertion of currency notes in the answer books or attempting to
bribe any of the persons connected with conduct of examinations;
(j) impersonation at the University examinations; (k) revealing identity in any form in the answer written or in any other part of the answer book by the student at the University examinations;
(l) any other similar act/s of omission/s or commission which may be
considered as unfair means by the competent authority. (iii) "Unfair means relating to examination" means and includes directly or indirectly communicating or attempting to commit or threatening to commit any act or coercion, undue influence or fraud or malpractice with a view to obtaining wrongful gain to him or to any other person or causing wrongful loss to other person/s.
(iv) "Unfair means material" means and includes any material whatsoever, related to the subject of the examination, printed, typed, handwritten or otherwise on the person or on clothes, or body of the student (examinee) or on wood or other material, in any manner or in the form of chart, diagram, map or drawing or electronic aid etc. which is not allowed in the examination hall.
(v) "Possession of unfair means material by a student" means having any unauthorised material on his person or desk or chair or table or at any place within his reach, in the examination centre and its environs or premises at any time from the commencement of the examination till its conclusion.
(vi) "Student found in possession" means a student reported in writing as having been found in possession of unfair means material by a Invigilator or Jr. Supervisor, Sr. Supervisor or a member of the Vigilance committee or Examination squad or any other person authorized for this purpose in this behalf, even if the unfair means material is not produced as evidence because of its being reported as swallowed or destroyed or snatched away or otherwise taken away or spoiled by the student or by any other person acting on his behalf to such an extent that it has become illegible:
Provided that report to that effect is submitted by the Invigilator or Sr. Supervisor or Chief Conductor or any other authorized person to the Controller of Examinations or Head of the Department concerned or any officer authorized in this behalf.
(vii) Material related to the subject of Examination means and includes, if the material is produced as evidence any material certified as related to the subject of examination by a competent person and if the material is not produced as evidence or has become illegible for any of the reasons referred to in clause (vi) above, the presumption shall be that the material did relate to the subject of the examination.
9 BIHAR GAZETTE (EXTRA), 13TH SEPTEMBER 2018(viii) "Chief Conductor", means and includes, Head of the Department concerned, where concerned examination is being conducted and any other person duly authorized by him or person appointed as Incharge of examination, by the authority competent to make appointment to such post.
(ix) During examination, examinees and other students shall be under disciplinary control of the Chief Conductors.
(x) Chief Conductor of the examination centre shall in the case of use of unfair means, follow the procedure as under:
(a) The student shall be called upon to surrender to the Chief Conductor, the unfair means material found in his or her possession, if any, and his answer-book;
(b) Signature of the concerned student shall be obtained on the relevant materials and on the list of the material prepared. Concerned Invigilator and the Chief Conductor shall also sign on all the relevant materials and documents;
(c) Statement of the student and his undertaking in the prescribed format and the statement of the concerned Invigilator or Jr. Supervisor shall be recorded in writing by the Chief Conductor. If the student refuses to make statement or to give undertaking the concerned, the Invigilator and the Chief Conductor shall record accordingly under their signature;
(d) Chief Conductor shall take one or more of the following decisions
depending upon seriousness or gravity of the case:
(i) In the case of impersonation or violence, expel the concerned student from the examination and not allow him to appear for remaining examination;
(ii) Obtain undertaking from the student to the effect that the decision of the concerned competent authority in his case shall be final and binding and allow him to continue with his examination;
(iii) May report the case to the concerned Police Station; (iv) Confiscate his answer books and mark as suspected unfair means
case and issue him fresh answer books duly marked.
(xi) All the material and list of material mentioned in sub-clause (a) and the undertaking with the statement of the student and that of the Jr. Supervisor as mentioned in clause No. (b) & (c) and the answer-books shall be forwarded by the Chief Conductor along with his report to the Controller of Examinations or Head of the Department, as the case may be, in a separate and confidential sealed envelope marked "suspected unfair means case".
(xii) In case of unfair means of oral type, the Invigilator or Jr. Supervisor or concerned authorized person shall record the facts in writing and shall report the same to the Controller of Exanimations or Head of the Department, as the case may be.
17. Procedure to be Followed by Examiner during Assessment— 17.1. If the examiner at the time of assessment of answer book suspects that there is a prima-facie evidence that the students whose answer books, the examiner is assessing appears to have resorted to unfair means in the examination, the Examiner shall forward his report, along with the evidence, to the Controller of Examinations with his opinion in a separate confidential sealed envelope marked as "suspected unfair means case".
17.2. Cases of unfair means reported to the University by the Chief Conductor shall be inquired into by a committee appointed by the Board of Examinations.
10 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 201817.3. Examination Results of the concerned students involved in such cases shall be held in reserve till the Board of Examinations take the final decision in the matter and the concerned students shall be informed accordingly.
18. Appointment of Unfair Means Inquiry Committee— 18.1. For the purpose of investigating unfair means resorted to by students at the University Examination, the Board of Examinations shall appoint a committee consisting of not more than five persons.
18.2. The unfair means inquiry committee shall give an opportunity to the student of being heard in his defense. The committee if proposes any penal action shall again give an opportunity to the student of being heard on the punishment proposed. The committee shall submit its recommendations in the form of report to the Board of Examinations.
19. Punishment— 19.1 The Board of Examinations after taking into consideration the report of the committee shall pass such orders as it deems fit including granting the student benefit of doubt, issuing warning or exonerating him from the charges and shall impose any one or more of the following punishment on the student/s found guilty of using unfair means: (i) Annulment of performance of the student in full or in part in the examination he has appeared for;
(ii) Debarring student from appealing for any examination of the University for a stipulated period not exceeding five years;
(iii) Debarring student from taking admission for any course in the University for a stipulated period not exceeding five years;
(iv) Cancellation of the University scholarship/s or award/s prize or medal etc. awarded to him;
(v) In addition to the above mentioned punishment, the competent authority may impose a fine not exceeding Rs. 1000/- on the student declared guilty. If the student concerned fails to pay the fine within a stipulated period, the competent authority may impose on such a student additional punishment or penalty as it may deem fit;
(vi) The student concerned be informed of the punishment finally imposed on him in writing by the concerned officer it in this behalf.
19.2 As far as possible the quantum of punishment shall be as follows:— The broad categories of Unfair Means adopted by Students at the University
| Sr. No. | Nature of Malpractices | Quantum of Punishment |
| 1 | 2 | 3 |
| 1. | Possession of copying material | Annulment of the performance of the student/s at the University Examination in full (Note This quantum of punishment shall apply also to the following categories of malpractices at Sr. No, 2, to Sr. No. 12 in addition to the Punishment prescribed thereat) |
| 2. | Actual copying from the copying material. | Exclusion of the student from University examination for one additional examination |
| 3. | Possession of another students Answer Book | Exclusion of the student from University examination for one additional examination (Both the students) |
| 4. | Possession of another students' Answer book and actual evidence of Copying therefrom | Exclusion Of the student from University examination for two additional examinations (Both the Students) |
| 5. | Mutual or Mass copying. | Exclusion of the student from University examination for two additional examinations. |
| 6.(a) | Smuggling out or smuggling in of Answer book as copying material. | Exclusion of the student from University examination for two additional examinations. |
| (b) | Smuggling in of written answer book based on the question paper set at the Examination | Exclusion of the student from University Examination for three additional examinations. |
| (c) | Smuggling in of written answer book and forging signature of the Invigilator or Jr. Supervisor thereon | Exclusion of the student from University Examination for four additional examinations. |
| 7. | Attempt to forge the signature of the Invigilator or Jr. Supervisor on the answer book or Supplement. | Exclusion of the student from the University examination for four additional examinations |
| 8. | Interfering with or counterfeiting of University seal or Answer books, or office | Exclusion of the student from University examination for four additional examinations. |
| 9. | Answer book main or supplement written Outside the examination hall or any other insertion in answer book. | Exclusion of the student from University examination for four additional, examinations. |
| 10. | Insertion of currency notes to bribe or attempting to bribe any of the person/s connected with the conduct of Examination | Exclusion of the student from University Examination for four additional examinations. (Note: This money shall be credited to the Vice-Chancellor's Fund.) |
| 11. | Using obscene language or violence or threat at the examination centre by a student at the University Examination to Invigilator Jr. Supervisor or Sr. Supervisor or Chief Conductor or Examiners. | Exclusion of the student from University examination for four additional Examinations. |
| 12. (a) | Impersonation at the University examination | Exclusion of the Student from University examination for five additional examinations, (Both the students if impersonator is University student) |
| (b) | Impersonation by a University student at S.S.C. or H.S.C. or any other Examinations | Exclusion of the Student from University Examination for five additional examinations. |
| 13. | Revealing identity in any form in the answer written or in any other part of the Answer book by the student at the University Examination. | Annulment of the performance of the student at the University Examination in full. |
| 14. | Student found having written on palms or on the Body, or on the clothes while in the Examination | Annulment of the performance of the student at the University Examination in full. |
| 15. | All other malpractices not covered in the aforesaid categories | Annulment of the performance of the student at the University Examination in full and severe punishment depending upon the gravity of the offence |
| 16. | If on previous occasion a disciplinary action was taken against a student for malpractice used at examination and he is found again while using unfair means at the examinations, in this event he shall be dealt with severely. Enhanced punishment can be imposed on such student. This enhanced punishment may extend to double the punishment provided for the offence when committed at the second or subsequent examinations. | |
| 17. | PRACTICAL OR DISSERTATION OR PROJECT REPORT EXAMS Student involved in malpractices at practical or dissertation or project report examinations shall be dealt with as per the punishment provided for the theory examination. | |
| 18. | The competent authority in addition to the above mentioned punishments may impose a fine not exceeding Rs. 1000/- on the student declared guilty. | |
| Note: The term annulment of performance in full includes performance of the student of the theory as well as annual practical examination, but does not include performance at term-work, project work and dissertation examination unless malpractice used thereat. |
20. Malpractices used or lapses committed by any Paper Setters or Examiners or
Moderators or Referees or Teachers or any other persons connected with the conduct of
Examinations—
The Board of Examinations shall be competent authority to take appropriate disciplinary action against the paper setter, examiners, moderators, referees, teachers or any other person connected with the conduct of examination committing lapses or using, attempting to use aiding, abetting, instigating or allowing to use malpractice/s at the examination conducted by the University. 21. Explanations: Unless the context otherwise requires— 21.1 "Paper setter, Examiner, Moderator, referee and teacher means and includes person/s duly appointed as such for the examination by the Board of Examinations and the term any other person connected with the conduct of examination" means and includes person/s appointed on examination duty by authorized person.
21.2 Malpractice or lapses includes one or more of the following acts or omissions on the part of the person/s included in 29.1 above relating to the examinations:
(i) Leakage of question/s or question paper set at the University examination, before the time of examination;
(ii) Examiner or Moderator, intentionally awarding marks to student in assessment of answer books dissertation or project work to which the student is not entitled or not assigning marks to the student to which the student is entitled;
(iii) Paper setter repeating question or setting question outside the scope of syllabus;
(iv) Examiner or Referee showing negligence in detecting malpractice used by student/s;
(vii) Invigilator or Jr. Supervisor or Chief Conductor showing negligence or apathies in carrying out duties or aiding or abetting or allowing or instigating students to use malpractice/s;
13 BIHAR GAZETTE (EXTRA), 13TH SEPTEMBER 2018(vi) Or any other similar act/s and or omissions/s which may be considered as malpractices or lapses by the concerned authority.
21.3 "Malpractices or lapses relating to examination" means and includes directly or indirectly committing or attempting to commit or threatening to commit any act of unfair means, fraud or undue influence with a view to obtaining wrongful gain to him or any other person or causing wrongful loss to other person/s or omitting to do what he is bound to do as duties.
22. Unfair Means resorted to by the Students—
On receipt of report regarding malpractices used or lapses committed by any paper setter, examiner, moderator, referee, teacher or any other person connected with the conduct of examination held by the University including breach of the rules laid down for proper conduct of Examination, the Board of Examinations, in the cases of the University examinations shall have power at any time to institute inquiry and to punish such malpractices or lapses by referring his case to the Board of Examinations for taking such disciplinary action as deem fit.
23. Investigating Committee—
The committee appointed by the Board of Examinations to investigate unfair means resorted to by student/s at the University examination shall also investigate the cases of malpractice used and or lapses committed by the paper- setters, examiners, moderators, referees, teachers or any other persons connected with the conduct of examinations of the University.
24. Procedure for Investigation— 34.1 The cases of alleged use of unfair means or lapses committed by the paper- setters, examiners, moderators, referees, teachers or any other persons connected with the conduct of examinations, reported to the University shall be placed before the unfair means inquiry committee for further investigation.
34.2 The concerned person be asked to appear before the inquiry committee on a day, time and place fixed for the meeting, with written reply or explanation to the show cause notice served on him and charge leveled against him therein. The concerned person himself only shall present his case before the committee. 34.3 The documents that are being taken into consideration to be relied upon for the purpose of proving charge/s against the concerned person shall be shown to him by the inquiry committee, if he presents himself before the committee. The evidence if any should be recorded in presence of the delinquent.
34.4 Reasonable opportunity, including oral hearing shall be given to the concerned person in his defense before the committee. The reply or explanation given to the show cause notice shall also be considered by the committee before making final report or recommendation.
34.5 The committee should follow the above procedure in the spirit of principle of natural justice.
25. Remuneration for Examinations—
The Vice Chancellor on the recommendation of Board of Examinations may from time to time decide the remuneration for paper setters, moderators, examiners, evaluators, invigilators, tabulators and other staff members engaged in examination work. The duties related to work of examination such as invigilation, paper setting, assessment, moderation, revaluation and assistance in compiling results of the University examinations, etc., shall, however, be mandatory for the University teachers and other employees.
26. Improvement in Academic Life of the University— 36.1 With a view to improve academic life of the University, the Academic Council on the basis of the feedback of the students and the teachers and the need of the hour constitute various committees for the purpose.
36.2 The Academic Council shall recommend the compositions and functions of such committees. The Vice-Chancellor shall give effect to such recommendations of14 BIHAR GAZETTE (EXTRA) 10TH SEPTEMBER 2018 the Academic Council. The committees shall periodically submit its report to the Academic Council.
27. Hostels—
The University shall make suitable provision for residence of the students of the University. There shall be separate Hostel for Girls students. The admission to the Hostels shall be made by a committee constituted by the Vice-Chancellor. The Hostels shall be supervised by Rector or Warden appointed by the Vice- Chancellor. There shall be separate Rector or Warden for the each Hostel. There shall be a committee constituted by the Vice-Chancellor to oversee the discipline among the residents of the Hostels. The committee shall prepare the rules for proper maintenance and smooth functioning of the Hostels.
28. Interpretation— 28.1 Any question relating to a typographical error, spelling mistake, clarification or interpretation related to any of the provision of these Ordinances shall be referred to the Board of Management whose decision shall be final and binding.
28.2 Notwithstanding anything contained in these Ordinances, any issues not covered by these Ordinances, or in case of difference of opinion in interpretation and in respect of all the matters, whether expressly provided herein or not, the Vice-Chancellor may take such measures as may be necessary for removal of discrepancies and to issue clarifications wherever necessary and expedient to do so.
By order of the Governer of Bihar, MANOJ KUMAR, Additional Secretry.