SERVICE RULES AND BYE-LAWS
BHARATI VIDYAPEETH COLLEGE OF ENGINEERING
These rules pertain to service conditions and will be applicable to all the employees (teaching/non teaching) of the Institute.
Council means the Governing Council of Bharati Vidyapeeth College of Engineering
“Bye-Laws” means the Bye-Laws of the Aurora’s scientific ,Technological and Research Academy
“Institute” means the Bharati Vidyapeeth College of Engineering
“Chairman” means the Chairman of the Council/Society
“Secretary” means the Secretary of the Society
“Director” means the Director of the Institute and “Principal” means the Principal of the Institute
“Rules” means the rules of
“Society” means the trust by the name of Bharati Vidyapeeth, Pune.
1.9 “University” means the University to which the College is affiliated.
Classification of members of staff of the Institute
Except in case of persons brought to work in the Institute on contingency basis for specific purpose, the staff of the Institute shall be as follows:
Academic and Administrative
Director / Principal
Such other academic staff as may be decided by the Council.
Physical Training Instructor
Such other technical staff as may be decided by the Council.
Such other administrative staff as may be decided by the Council.
All appointments to the posts under the Institute shall be approved by the Council.
All posts of the Institute shall normally be filled by advertisements but due to contingency of service the Council shall have the power to decide on the recommendation of the Director that a particular post may be filled by promotion from amongest the members of the staff of the Institute.
There shall be a screening Committee consisting of the following, to examine the credentials of all persons who have applied for a particular post(s) in the light of the requirement for the post(s) as given in the relevant advertisements and shall shortlist the names of candidates qualified to be called for interview.
One local expert (two experts in case of Professor/Head of the Department)
Head of the Department concerned
There shall be a selection Committee for filling various posts, other than those on which appointments are to be made through promotion or on contract basis and the same will be constituted in the manner laid down below.
Nominee of the affiliating University on the Council
Three experts in the case of appointment to the posts of Professor and Associate Professor (minimum two out of three must be present on the committee at the time of interview), and two experts in the case of appointment to the posts of Assistant Professor and Associate Professor (minimum one must be present).
Head of department concerned if the post for which the appointments is to be made is lower in status than held by the Head of the Department.
Nominee of the affiliating University on the Council
Two experts from the relevant field
One expert/HOD from the relevant field
The Selection Committee shall interview all the candidates called for interview on recommendations of the screening committee. In case of unsuitability of all the candidates recommended by the screening committee, the selection committee may consider any other name brought to its notice.
Subject to the proviso of Bye-law 3.4 no act or proceedings of the Selection Committee shall be called in question on the ground merely of the absence of any member or members of the Selection Committee provided that at least half of the number of members of the Selection Committee are present at the time of selection of candidates.
Qualifications required for the various academic/administrative posts shall be such as may, from time to time, be laid down by the All India Council for Technical Education/the University to which the Institute is affiliated.
4.0 Departments of Teaching
The Institute shall have the following Departments of teaching
Electronics & Telecommunication Engineering
Such other departments/sections as may be formed by the Council from time to time.
5.0 Terms and conditions of service of regular employees
Regular employees of the Institute shall be governed by the following terms and conditions:
Every appointment shall be subject to the condition that the appointee is certified as being in sound health and physically fit for the service by medical authority nominated by the Council.
Provided that the Council may, for just and sufficient reasons relax the medical requirements in any particular case or cases or dispense with such medical examination in any case or cases.
Subject to the provisions of the Rules and Bye-laws, all appointments to posts under the Institute shall ordinarily be made on probation for a period of one year after which period the appointee, if found suitable shall continue to hold his/her office till he/she attains the age of superannuation subject to provisions contained in para 5.7 & 5.8.
The appointing authority shall have the power to extend the period of probation of any employee of the Institute as may be found necessary.
Every employee of the Institute shall devote his/her whole time to the service of the Institute and shall not engage directly or indirectly in any trade or business or in private tuition or may other work which may interfere with the proper discharge of his/her duties. However, the provision herein contained shall not apply to academic work and consultative practice undertaken with the prior approval of the Director for remuneration, etc. as may be laid down by the Council. Any employee indulging in any type of activity given above shall be liable for disciplinary action.
All employees of the Institute shall be governed by the Aurora’s scientific, Technological and Research Academy, Conduct Rules.
The appointing authority shall have the power to terminate the services of any member of the staff without notice or without any cause assigned during the period of probation.
The appointing authority shall have the power to terminate the services of a member of the staff by giving one month notice or salary in lieu of, in case he/she is found to be physically or mentally unfit for service or on the grounds of retrenchment. This provision shall apply only to regular employees of the Institute after probation period.
A member of the staff can leave his/her employment by giving one month notice or pay in lieu thereof. No member of the staff shall be allowed to leave during the academic session. In case a member leaves, he/she will be required to deposit his/her salary for the remaining period of the academic session.
The appointing authority may place any member of the staff under suspension :-
Where a disciplinary proceeding against him/her is contemplated or is pending, or
Where a case against him/her in respect of any criminal offence involving moral turpitude is under investigation or trial.
A member of the staff under suspension is not entitled to a subsistence grant amounting to his/her pay during the period of suspension.
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on any member of the staff:-
Withholding of increment or promotion
Recovery of the whole or part of the pecuniary loss caused to the Institute by negligence or breach of orders.
Reduction in rank.
Removal from service, which shall not be a disqualification for future employment under the Institute.
Dismissal from service, which shall be a disqualification for future employment under the Institute.
Provided that orders imposing penalties specified at (c), (d) and (e) shall be passed by the appointing authority after an inquiry has been held and the staff has been given reasonable opportunity of showing cause of action proposed to be taken in regard to him/her.
Notwithstanding anything contained in bye-law 5.7, it shall not be necessary to follow the procedure mentioned above in the following cases:
Where an employee is dismissed or removed from service on the ground of conduct which has led to his/her conviction on a criminal charge.
Where the authority empowered to dismiss or remove the person is satisfied that for some reason, to be recorded by the authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause.
When an employee of the Institute, who has been placed under suspension, is reinstated, the appointing authority, competent to order the re-installment, shall consider and make a specific order:-
regarding the pay and allowance to be paid to the employee for the period of his/her absence from duty, and
whether or not the said period shall be treated as period spent on duty.
When an employee of the Institute, who has been placed under suspension, is reinstated and the appointing authority is of the opinion that the employee has been fully exonerated, the employee shall be given the full pay allowances to which he would have been entitled otherwise. Further, in such a case the absence from duty shall be treated as a period spent on duty for all purposes.
The employees of the Institute shall be entitled to leave in accordance with provisions laid down by the Council in the Leave Rules.
6.0 Traveling Allowance
As per TA/DA Rules
The Institute shall follow the same calendar of holidays as is being observed by the University to which the Institute is affiliated.
Any matter not covered by the above Rules and Bye-laws will be governed by the decisions of the Council taken from time to time.
We, the following members of the Governing Council certify that the above Bye-Laws of the College is a correct copy:-
Chairman/Secretary – Governing Council
BHARATI VIDYAPEETH COLLEGE OF ENGINEERING
INSTITUTE EMPLOYEES’ CONDUCT RULES
These rules will govern the conduct of all the employees of the Institute:
Definitions. In this schedule unless the context otherwise requires:
“Competent Authority” means:
“Governing Council” in case of Director/Principal
“Director” in case of all other employees
“Employees” means a person appointed to the service and posts in connection with the affairs of the Institute.
“Service” means the service under the Institute.
2.1 Every employee shall at all times maintain absolute integrity and devotion to duty and also be strict, honest and impartial in his/her official dealings.
2.2 An employee should, at all times, be courteous in his/her dealings with other members of the staff, students and members of public.
2.3 Unless otherwise stated specifically in the terms of appointment, every employee is the whole time employee of the Institute and may be called upon to perform such duties as may be assigned to him by the competent authority beyond schedule working hours and on closed holidays and Sundays.
2.4 An employee shall be required to observe the schedule hours of work, during which he/she present at the place of his/her duty.
Except for valid reasons and under unforeseen contingencies no employee shall be absent from duty without prior permission.
No employee shall leave station except with the prior permission of the competent authority even during leave or vacation.
Whenever leaving the station, an employee shall inform the Head of the Department to which, he/she is attached, or the Director if he/she himself/herself is the Head of the Department, the address where he/she should be available during the period of his/her absence from the station.
Equal treatment for all.
Every employee shall accord equal treatment to people irrespective of their cast, creed, sect. or religion.
Taking part in Politics & Elections
No employee shall be a member of or be otherwise associated with any political party or any organization, which takes part in politics.
No employee shall canvass or otherwise interfere or use his/her influence in connection with, or take part in, an election to legislature or local authority, provided that:
An employee qualified to vote at such election may exercise his/her right to vote.
An employee shall not be deemed to have contravened the provisions of this rule by reason only that he/she assists in the conduct of an election in due performance of a duty imposed upon him/her by or under any law for the time being in force.
5.0 Demonstrations and Strikes
No employee shall engage oneself or shall participate in any demonstration or resort to any form of strike in connection with any matter pertaining to his/her conditions of service.
6.0 Joining of Association by Employees
No employee shall join or continue to be member of any service Association of employees:-
Which has not, within a period of one month from its formation, obtained the recognition of the Governing Council of the Institute.
Recognition in respect of which has been refused or withdrawn by the Governing Council of the Institution.
Connection with Media
No employee shall, except with the previous sanction of the competent authority, own wholly or in part, or conduct or participate in editing or managing of any newspaper or other periodical publication.
No employee shall except with the previous sanction of the competent authority or in bonafide discharge of his/her duties, participate in a broadcast or contribute any article or write any letter, either anonymously or in his/her own name or in the name of any other person to any newspaper or periodical except if such contribution is of a purely literary, artistic or scientific character.
Criticism of the Institute
No employee shall, in any broadcast or any document published anonymously or in his/her own name or in the name of any other person, or in any communication to the press or in public utterance, make any statement of fact or opinion.
which has the effect of any adverse criticism of any decision of his/her superior officers, or of any current or recent policy or action of the Institute, or
which is capable of embarrassing the relations between the Institute and any other Institution, University, Organization, State or Central Governments, or any member of public, or
which is capable of embarrassing the relations between the Central Government and the Government of any foreign state.
Provided that nothing in this rule shall apply to any statement made or views expressed by an employee in official capacity or in due performance of the duties assigned to him/her.
Evidence before a committee or any other authority
Same as provided in the rule 9.3 below, no employee shall, except with the previous sanction of the competent authority give evidence in connection with any inquiry by any person, committee or authority.
When any sanction has been accorded under rule 9.1 above, no employee giving such evidence shall criticize the policy or any action of the Institute.
Nothing of this rule shall apply to:-
evidence given at any inquiry before an authority appointed by the Institute, by the Central Government, by the State Legislature, or by Parliament, or
evidence given in an judicial inquiry.
Unauthorized Communication of Information
No employee shall, except in accordance with any general or special order of the competent authority or in performance in good faith of the duties assigned to him/her, communicate directly or indirectly any official document or information to any person to whom he/she is not authorized to communicate such document or information.
An employee may, with the previous sanction of the competent authority, ask for or accept or participate in the raising of subscription or other pecuniary assistance for a charitable purpose connected with medical relief, education or other objects of public utility but it shall not be permissible for him to ask for subscription, etc., for any other purpose whatsoever.
Private Trade or Employment
No employee shall, engage directly or indirectly, in any trade or business or undertake any employment.
Provided that an employee may, without such sanction, undertake honorary work of social or charitable nature or occasional work of literary, artistic or scientific character, subject to the condition that his/her official duties do not thereby suffer and that he/she informs the Director within one month of his/her undertaking such a work, but he/she shall undertake or discontinue such work if so directed by the competent authority.
Registration, Promotion and Management of Companies
No employee shall, take part in the registration, promotion or management of any Bank or other company registered under the Indian Companies Act, 1913, or under any other law for the time being in force.
Provided that employees may take part in the registration, promotion or management of a cooperative society registered under the Cooperative Societies Act or any other law for the time being in force, or of a literary, scientific or charitable society registered under the Societies Registration Act, 1860 or under any corresponding law in force.
No employee shall, except with the prior approval of the competent authority, act as an insurance agent or permit his wife or any other relative who is either wholly dependent on him or is residing with him to act as an insurance agent in the district Thane.
Insolvency, habitual indebtedness and Criminal Proceedings.
Every employee shall so manage his/her private affairs as to avoid habitual indebtedness or insolvency. When an employee is found liable to arrest for debt or has recourse to insolvency or when it is found that most of his salary is continuously being attached, he may be liable to action and penalty. An employee who becomes the subject of legal proceedings for insolvency shall forthwith report full facts to the competent authority of the Institute.
An employee who gets involved in some criminal proceedings, shall immediately inform the competent authority through the Head of the Department to which he/she released on bail or not. An employee who is detained in police custody whether on criminal charges or otherwise for a period longer than 48 hours shall not join his/her duties in the College unless he/she has obtained written permission to that effect from the competent authority of the Institute.
17. Vindication of Acts and Character of employees
No employee shall, except with the prior sanction of the competent authority, have recourse to any court or go to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character.
Provided that nothing in this rule shall be deemed to prohibit an employee from vindicating his/her private character or any act done by him/her in private capacity.
18. Litigation on Service matters.
No employee shall attempt to seek in a court of law a decision on grievances arising out of his/her conditions of service without first exhausting the normal official channels of redress.
19. Canvassing of Non-official or other Outside Influence
No employee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her interests in respect of matters pertaining to his/her service.
20. Unauthorized Pecuniary Arrangements
No employee shall enter any pecuniary arrangement with another employee or any other person so as to afford any kind of advantage to either or both of them in any unauthorized or against the specific, or implied, provisions of any rule for the time being in force.
21 Proper use of Amenities
No employee shall misuse, or carelessly use, amenities provided to him/her by the Institute to facilitate the Discharge of his/her duties.
22.1 Whenever an employee wishes to put forth any claim, or seeks redress of any grievance or of any wrong done to him/her, he/she shall forward his/her case through proper channel and shall not forward any advance copy of his/her application to the higher authority, unless the lower authority has rejected the claim, or refused relief or disposal of the matter is delayed by more than three months.
No employee shall be signatory to any joint representation addressed to the authorities for redress of any grievances or for any other matter.
Chairman / Secretary- Governing Council
BHARATI VIDYAPEETH COLLEGE OF ENGINEERING
Holiday : Holiday means a day declared by a notification of the Institute to be closed day for all employees except those otherwise specifically asked to attend the Institute.
1.2Salary : Salary means the monthly remunerations drawn by an employee including basic pay, dearness allowance, personal pay, special pay, HRA etc or consolidated pay.
1.3Vacation Employee: Vacation Employee means that employee who is entitled to winter and summer vacations. This includes only the teaching faculty and the laboratory Instructors.
1.4Non Vacation Employee : All non teaching employee including the laboratory assistants constitutes this category.
1.5Retirement : The term refers to superannuation after attaining the age of 65 years. It has all other connotations as applied to a Government Deptt. including premature retirement.
1.6Release : The term refers to termination of employment in accordance with terms of employment.
2.1Leave is a privilege and not a right : It may be refused or revoked by the authority empowered to grant it. It would, however, generally be granted unless the exigencies of service so demand.
2.2Leave Application : The leave application shall be submitted on prescribed form well in advance and shall be got sanctioned before availing of the leave. The faculty members shall make alternate arrangements/internal adjustments among the faculty members of his/her any other department to keep the students engaged.
2.3No leave can commence unless it has been sanctioned: Mere submission of leave application does not authorize an employee to avail the leave applied for. Availing of leave without getting the same sanctioned makes the employees liable to disciplinary action besides penal deductions.
2.4Acceptance of alternate employment/engaging in trade/ business etc. causing him/her the monetary/personal gain is an offence and the employees shall refrain from the same.
2.5No leave will be sanctioned on telephone except in case of extraordinary circumstances/sudden illness, etc. This shall however, be regularized immediately on joining the duty in writing.
2.6Continued absence of more than six days, or repeated irregularity without intimation of any kind may render an employee liable to disciplinary action including termination of services besides penal deduction.
2.7The teaching faculty entitled to vacation leave is not entitled to earned leave.
3.Kinds of Leave:-
a) Casual Leave CL
b) Sick Leave SL
c) Earned Leave EL
d) Leave Without Pay LWP
e) Extra Ordinary Leave EOL
f) Duty Leave DL
h) Study Leave
i) Vocational Leave VL
j) Maternity Leave ML
Casual Leave (CL)
3.1.1 Every employee held on the roster of the Institute is entitled to One (1) day casual leave for each thirty (30) days block of duty performed by him/her subject to a maximum of Twelve (12) days of casual leave in one calendar year.
A minimum of half (1/2) day or a maximum of Three (3) days of CL can be availed of at one time. Half day CL will not be granted on half working days.
CL can be pre-fixed/suffixed with all types of holidays/leaves.
CL upto total accumulated period but not exceeding seven (07) days may be granted under very special circumstances.
CL will not be carried forward to next calendar year and will lapse at the end of the ensuing calendar year.
Sick leave may be granted in case of sickness of the employee and not his/her dependents. A medical certificate from Doctor or a registered medical practitioner would be required in case where more than Three days the person was sick.
Each employee is entitled to (half) day sick leave on full pay for every block of 30 days of duty performed by him/her subject to a maximum of 6 (Six) days during one calendar year.
EL is admissible to all employees at the rate of ½ of the period spent on duty subject to a maximum 21 days in a year. 14 days EL will be credited in July and 7 days EL in December every year.
Earned Leave is to be granted only once it is earned.
Earned leave can be pre-fixed/suffixed with other holidays/leaves..
Earned leave shall not be sought by the employees during the currency of the semester. However, a maximum of (07) days EL may be granted during the semester under exceptional circumstances.
Leave Without Pay
No provision as such exists for the grant of leave without pay. However, for reasons beyond ones control, if an employee has to avail leave in excess of ones authorization, he may be granted, “Leave without Pay” at the discretion of the Director/Management subject to exigencies of service. Such leave shall not exceed 30 (Thirty) days in a calendar year subject to a maximum of 15 (Fifteen) days at a time.
Absence of an employee without sanctioned leave is a case of indiscipline and does not fall under this category.
“Leave without pay” shall also be got sanctioned in advance as any other leave.
Extra Ordinary Leave
As the name suggests, this leave is granted under extra-ordinary circumstances only. This may include the following:-
Prolonged sickness of self or a family member
Although there can not be fixed guide line for the duration of such a leave, yet if shall not exceed 550 (five hundred and fifty) days at the time. An employee will not be entitled to draw the salary during extra ordinary leave
An activity of an employee which can bring recognition to the Institute may be considered for grant of this leave.
Duty leave may be granted for one or more of the following purposes:
To deliver academic lecture
To work on behalf of the University
To read/present a research paper in a Conference/ Symposium of National/International level.
To attend selection committee or other such like committee meetings provide they are convened by a statutory body/university recognized by the Government.
To inspect academic institutions attached to a statutory body or a University recognized by the Government.
The duty leave will be restricted to a maximum of 15 days during a calendar year subject to the following conditions:-
-There exists a written request from the competent authority.
-The paper has been accepted for presentation and a communication to this effect received in writing.
Sabbatical upto a period of ONE year may be granted once in every FIVE years for attachment to a research organization or an Institute of good standing with the sole aim of pursuing research activity.
Although the employee will hold the lien with the parent organization, yet he/she will be not be entitled to draw salary from this organization.
As regards the retention of accommodation is concerned, same rule as applied to study leave will be applicable.
Leave for upto a maximum of TWO years may be granted ONCE in the tenure of service for pursuing higher studies at the recognized Institute.
Study Leave may be granted after an employee has rendered atleast 3 years of unblemished service to the Institute. He/She will be required to furnish a bond for Rs.3.50 lakhs on non-judiciary stamp paper of Rs.20/- that he/she will serve the Institute atleast for a period of 5 years after return from the study leave. However, the Management may reduce the bond period to 3 years under special circumstances.
An employee will not be entitled to draw the salary during study leave
All teaching/Institutional faculty is entitled to 02 (Two) weeks summer vacation and 01 (One) week of winter vacation subject to their being able to complete the preparations for the next semester. If, however, the exigencies of service do not allow an employee to avail of these vacations, the short fall in period of vacation not availed of by the employee will be converted into earned leave and rules of earned leave will apply. (at the discretion of competent authority)
The vacation leave shall be got sanctioned in advance in writing as any other leaves.
The vacation period amongst the faculty members shall generally be staggered to ensure that the Institutes functioning is not hampered.
Like earned leave, vacation leave shall first be earned . An employee who has not worked for the preceding semester shall not be entitled to vacation leave. He/she shall however, be entitled to reduce period of vacation on proorata basis. Each six months period will be counted from the first day of an academic session.
Maternity leave may be granted to a permanent female employee with full pay upto a maximum of two children. Maternity leave granted will be as under:-
a) Employees with 3 years or more service. : 3 months
b) Employees with 2 years or more and less : 2 months
than 3 years of service.
BHARATI VIDYAPEETH COLLEGE OF ENGINEERING
The Traveling and daily allowance rules are framed to ensure that an employee is able to perform his/her duties at the outstation effectively. The TA/DA shall be regulated in accordance with TA/DA rules laid down here amended from time to time.
All journeys must be got approved by the competent authority (Director/Principal/ An Executive Member of the Managing Committee) in writing. If, however, time does not permit written permission in advance it shall be done immediately on return from tour/temporary duty but in such cases verbal permission need to be obtained. Approval form is attached as Annexure A.
3. The journey on tour may be performed by any of the following modes:
Combination of the above
Journey by Air: May be performed in exceptional circumstances with the prior approval of Director/One of the Executives of the Managing Committee.
3.2By the Rail: The entitlement of the class of journey by rail is given below:
Professors/Associate Professors and equivalent : IInd AC
Assistant Professors/Lecturer and equivalent : IIIrd AC
Technical Assistant and equivalent : IInd Class
3.3 Journey by Road
The entitlement is given below
a) Faculty & Equivalent : Institute’s Car/Taxi/Own vehicle
b) Tech. Asstt. And equivalent : Bus
Mileage allowance is admissible when the journey is performed by own vehicle. It is admissible at the following rate:
Own Scooter : Rs. 2.00 per KM
Own Car : Rs..4.00 per KM
No mileage allowance is however admissible when the journey is performed within a radius of 8 KM from Institute. Actual expenses may, however, be charged rendering an appropriate certificate.
5.Daily Allowance for Halts at outstation
DA at the prescribed rates for each full day of halt for a maximum of 30 days of halt at one station except under special circumstances is admissible. However, when an employee enjoys free boarding and lodging at the expenses of the Institute/ host organization/government, he is entitled to draw only one fourth rate of full rate of DA. Faculty and Staff deputed for counseling during admissions are generally expected to avail of the facilities provided by the counseling agency. Additional arrangements may, however, be made under special circumstances.
The DA rates are given below:
Professors/Associate Professors and equivalent : Rs.500 per day
Assistant Professors/Lecturer and equivalent : Rs.250 per day
Technical Assistant and equivalent : Rs.100 per day
Incidental charges are admissible as under:_
6.1Transportation from residence to railway station/Airport, Airport/ Railway Station to place of duty; Actual expenses will be admitted.
6.2Taxi charges for traveling to other offices in town : Actual expenses will be admitted.
7.Lodging at the outstation
It is expected that the faculty in general will be able to arrange accommodation in the guest house/hostel of the host organization. In such a case, no additional allowance will be admitted. However, if the employee has to make his/her own arrangements of accommodation, following are the entitlements:
Type of City Prof. /Assoc. Prof. AP/SL/Lecturer
a) Class A city Rs.800/- per day Rs.600/- per day
b) Class B city Rs.500/- per day Rs. 350/- per day
c) Class C city Rs.350/- per day Rs. 200/- per day
In such a case DA shall be reduced by 15% of the entitlement
Hotel charges will be paid against actual bills and most practical means of transportation shall generally be resorted to. Full day taxi shall not be hired unless unavoidable.
Advance may be drawn with the approval of the sanctioning authority
Settlement of TA/DA claim
TA/DA claim must be settlement within 7 days from the date of return from tour. TA/DA claim shall be got countersigned by the HOD and submitted to the Accountant, who in turn shall check for entitlement and get it approved by the Director. All claims must be accompanied with bills etc. In case of non-settlement within prescribed time, advance drawn will be deducted from the salary.
9.Official Duty TA Report
All TA/DA claim shall be accompanied with a copy of official duty report. This shall briefly highlight the activities and the duties performed by the officer at the outstation. No claim will be passed OD report.
Chairman – Governing Council
BHARATI VIDYAPEETH COLEGE OF ENGINEERING
OFFICIAL DUTY REQUISITION FORM
1. Name :
2. Designation :
3. Department :
4. Purpose of Official Duty :
5. Details of journey From: To:
Mode of conveyance:
6. Dates of journey :
7. Recommended by :
Date : Signature
Approved/Not Approve Principal
H O D
Laws and Procedures: Sexual Harassment in the Workplace
Vishaka Guidelines against Sexual Harassment in the Workplace
Guidelines and norms laid down by the Hon’ble Supreme Court in
Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)
HAVING REGARD to the definition of „human rights‟ in Section 2 (d) of the Protection of Human Rights Act, 1993,
TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time,
It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women.
- Duty of the Employer or other responsible persons in work places and other institutions
It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:
- a) Physical contact and advances;
- b) A demand or request for sexual favours;
- c) Sexually coloured remarks;
- d) Showing pornography;
- e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim‟s employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
- Preventive Steps
All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:
(a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
- Criminal Proceedings
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
- Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.
- Complaint Mechanism
Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer‟s organisation for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.
- Complaints Committee
The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.
The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.
- Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at a workers‟ meeting and in other appropriate forum and it should be affirmatively discussed in Employer- Employee Meetings.
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.
- Third Party Harassment
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
- 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.
- These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.
Other legal provisions include filing a criminal case under sections of the Indian Penal Code (IPC), the Indecent Representation of Women (Prohibition) Act and/or filing a civil suit.
The sections of the Indian Penal Code that can be applicable to sexual harassment (which makes it a criminal case):
- Section 294
„Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites and utters any obscene songs, ballads or words, in or near any public space, shall be punished with imprisonment of either description for a term that may extend to three months, or with fine, or with both.‟ This provision is included in Chapter XVI entitled „Of Offences Affecting Public Health, Safety, Convenience and Morals‟ and is cognisable, bailable and triable by any magistrate.
- Section 354
Whoever assaults or uses criminal force on any woman, intending to outrage her modesty or knowing it likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
- Section 509
(Word, gesture or act intended to insult the modesty of a woman) This is included in Chapter 22 entitled „Of Criminal Intimidation, Insult and Annoyance‟, and is cognisable, bailable and triable by any magistrate. It holds: „Whoever, intending to insult the modesty of
a woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture is seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.‟
Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing the “indecent representation of women”, they are liable for a minimum sentence of 2 years. Section 7 (Offenses by Companies) further holds companies where there has been “indecent representation of women” (such as the display of pornography) on the premises, guilty of offenses under this act, with a minimum sentence of 2 years.
A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
pdf-embedder url=”http://bvcoenm.edu.in/wp-content/uploads/2018/01/NBA-Teaching-List-1.pdf” title=”NBA Teaching List”]
“Social Transformation Through Dynamic Education”
“ To impart quality education to meet the needs of industry, profession and society; and to achieve excellence in teaching, learning and research.”
Dr. M. Z. Shaikh
· Creating Awareness among students
· Maintaining Ragging free campus
· Addressing the grievances of students (if any)
Last week of June and Last week of August
Dr. Shyamala Shingare
Prof. Vineeta Kohli
Prof. Sandhya D. Jadhav
Dr. J. J. Kadam
Prof. V. N. Patil
Mr. R. S. Deshmukh
Mr. Pramod Kale (SPI, Kharghar Police Station)
Name of The Members
Annual Frequency of Meetings
1. Dr. Vishwajeet Kadam
Nominee of Chairman
· Overall governance of the academic procedures.
· Formation, amendment and implementation of institute policies.
· Updating of rules and regulations for the smooth functioning of the institute
1st Week of June and 1st Week of December
2. Dr. V. J. Kadam
3. Dr. D. Y. Patil
4. Prof. P.N. Tandon
5. Prof. Suresh Mankar
6. Shri. Sameer K. Desai
7. Dr. Unnikrishnan
Nominee of AICTE
8. Dr. Suresh Ukarande
Nominee of university of Mumbai
9. Dr. Mahajan S. K.
Nominee of government of Maharashtra (Ex.officio)
10. Dr. S. M. Thakkar
Nominee of state government (Industrialist / technologist / educationist)
11. Dr. M. Z. Shaikh
Principal & secretary
Grievance Redressal Committee
Dr. M. Z. Shaikh
· Addressing grievances related to academic and non-academic issues of Students and Staff
· Taking measures against inconveniences faced by students and staff.
Last week of July, October, February and April
Dr. Shyamala Shingare
Prof. Vineeta Kohli
Prof. Sandhya D. Jadhav
Dr. J .J. Kadam
Local Managing Committee
1. Dr. V. J. Kadam
· Implementation & monitoring of various policies formulated by the governing body.
Addressing various institutional issues.
1st Week of September and 1st Week of March
2. Dr. D. Y. Patil
3. Dr. M. Z. Shaikh
4. Mr. P. N. Tandon
5. Prof. Wilson L.
6. Mrs. Ritu G. Deshmukh
Women Grievance Cell
Prof. Reena pant
· Addressing issues related to gender based harassment.
Last week of July, October, February and April
Prof. Ashwini Thokal
Prof. Kanchan Doke
Prof. Sonali Mhatre
Prof. Savita Patil
Prof. Surekha D. Khetri
Prof. Swati Nadgaundi
Dr. Bhawna Singh
Mrs. Vijaya J. Jadhav
Mrs. Shama Attar
Mrs. U. S. Gujjar
Mrs. Sushma Bidwe(NGO member)