THE STUDENTS’ UNION
1. Students’ Union shall remain the sole forum of student opinion inside Marshaghai College, It’s functions are as follows :
i) To organise discussion on general, cultural academic, national and international problems.
ii) To organise debates.
iii) To invite eminent persons to address the Union.
iv) To take up such other activities which are of common interest of the institution and these should be approved by the Principal.
2. Every degree student of the college is a member of the Students’ Union. No one whose name is not on the rolls of the college can be a member of the Union.
3. The meetings of the Union shall be open to all the members of the teaching staff who, if they so desire can take part in the proceedings of the meetings, except that they shall not take part in voting.
THE EXECUTIVE COMMITTEE
4. There shall be an Executive Committee of the Student’s Union consisting of the following elected members.
i) The President
ii) The Vice-President
iii) The Secretary
iv) The Asst. Secretary
v) Six student members, one from each class (i.e. Ist.yr. +3 Arts, Ist.+3 Sc.2nd yr. +3 Arts, 2nd. yr. +3 Sc., 3rd Yr. +3 Ars and3rd. yr. +3 Sc.
5. The functions of the Executive Committee shall be :i) To adopt the Union budget for the session ii) To draw up the programme of Union activities for the Session. iii) To undertake such other activities as are consistent with the objectives of the Union.
6. An ordinary meeting of the executive Committee may be called by the Secretary in consulation with the president and the Advisors Notice of such meeting with date, time, place and agenda shall be given to members atleast(48) hours prior to the meeting. The meeting must be approved by the Adviser and the Principal.
7. An extra-ordinary meeting of the Executive Committee can be convened at any time by the Principal.
8. A meeting of the Executive Committee shall be provided over by the President or in his absence by the Vice-President or in the absence of both by any members of the Committee elected at the spot. such an election should be conducted by the Adviser.
9. No meeting of the Executive Committee can be conducted without the Adviser.
10. Fifty percent of the members of the Executive Committee shall constitute the quorum.
11. The minutes of the meeting shall be maintained by the Secretary and the copy thereof shall be communicated by the Secretary to the Principal through the Adviser within 48 hours.
12. At the commencement of each ordinary Executive Committee meeting, the Secretary shall read the minutes of the last ordinary meeting and the subsequent meetings of the Union if any. The minutes being approved by the President shall be signed by him.
13. All decisions of the Executive Committee before being implemented must get the approval of the Adviser and the principal.
14. The Principal has the right not to approve any decision of the Executive Committee if he is satisfied that such a decision is not in the greater interest of the institution In such a case, the Principal may ask the Executive Committee to reconsider it’s decision.
15. All matters in the Executive Committee shall be determined by the majority of votes of the members present.
16. If the votes are equally divided, the president shall decide the question by lot.
17. The decisions of the Executive Committee by lot shall be binding.
18. There shall be an Adviser appointed by the Principal from among the members of the staff.
19. The Principal may, if he thinks necessary appoint one or more Associate Advisers to assist the Adviser in discharging duties. The senior most Associate Adviser will take up the responsibilities of the Adviser in the later’s absence.
20. The Advised shall be present at all meetings of the Executive Committee and all general body meetings. He will assist the president with helpful suggestion whatever necessary. The President may refer to him any rule for interpretation and the decision of the Adviser shall be final unless it is approved by the Principal.
21. No expenditure can be incurred without the approval of the adviser, who shall countersign all vouchers.
22. Requisition for expenditure should be countersigned by the Adviser to get it sanctioned by the Principal.
23. Any members of the Union is eligible to contest for the Presidentship of the Union (Bonafide Pre-Degree and Final Degree Students)
24. The President shall preside over all ordinary meetings of the Union at which he is present, except the extraordinary meetings convened by the principal. In such extra ordinary meetings, the Principal shall be in the chairs.
25. The President shall be responsible for maintaining order and interpreting rules.
THE VICE PRESIDENT
26. “Any member of the Union belonging to the 1st Yr. and 2ndYr. of +3 Classes is qualified to stand for Vice Presidentship.”
27. In the absence of the President, the Vice-President shall assume all the rights of the President and discharge all his duties, Except this in all other cases, he is one among all other executive members of the Students’ Union.
28. “Any member of the Union can stand for the post of Secretary (Bonafide PreDegree and final Degree Students)”
29. The Secretary shall arrange debates, discussions, give notice of all ordinary meetings, record minutes of all meetings organised by or on behalf of the Union.
30. The Secretary shall perform all executive functions as it is given to him from time to time by the president, Adviser or the Principal.
31. The Secretary shall maintain a proper record of all activity of the Union maintain Union accounts. THE ASST. SECRETARY
32. Any member of the Union belonging to the Ist. Yr and 2nd Yr. of +3 Classes is eligible for the office.
33. In the absence of the Secretary, the Asst. Secretary shall assume all the rights of the Secretary and discharge all his duties, Except this in all other cases, he is one among all other executive members of the Students’ Union. TERMS OF OFFICE
34. All elected members of the Executive Committee shall hold office for the entire session for which they are elected unless they.
i) Cease to be bonafide students of the college.
ii) Voluntarily resign in writing addressed to the Principal and the resignation is accepted.
iii) An office bearer who fails in proper discharge of his duties can be removed by a vote of no confidence. For such a vote of no- confidence, one fourth of the members of the Students’ Union shall submit an application to the Principal with their signatures. Roll Nos, Class and year. The Principal if satisfied with the genuineness of the application may call for an extraordinary meeting of the Union. The vote of noconfidence can be passed only if it supported by one half of the members present at the meeting.
35. Any office falling vacant inspite of the arrangements may be filled up by holding a by-election provided the Principal is satisfied that normal functioning of the Union is not possible. The procedure for the by -election shall be same as the general election to the Union.
36. The President and the Secretary of the Students’ Union will be deemed to have vacated their office on the Ist offical day of the filling up of University Examination application form.
37. The President and the Secretary of the Students’ Union are entitled to organise the Inaugural Function of the Union and the Vice-President and the Asst. Secy. are entitled to organise the closing ceremoney of the Union.
38. The Vice-President and the Asst. Secretary will run the office of the Union till next elections are held.
39. Once in beginning of each academic session such date and time as the Principal may determine, elections shall be held for the different offices of the Students’ Union, provided that normal conditions prevail.
40. Nominations to each election, duly seconded shall reach the Principal in the prescribed form allcost seven clear days before the election
41. Every member of the Union has the right to vote, No member can cast more than one vote for each office to be filled in.
42. The President, Vice-President, Secretary and Asst. Secretary shall be elected by all members of the Union. The Class Representatives shall be elected by students of their respective classess.
43. The elections shall be conducted and votes recorded in such a manner as the Principal may determine.
44.i) The candidate obtaining the highest number of votes shall be declared elected.
ii) In case two or more candidates obtain an equal number of vote the slection of the successful candidate shall be determined by lot.
iii) Candidates defeated with a margine of 05 of less votes may apply in writing to Principal for re-counting within 24 hours of the declaration of election results.
45. i) Office bearers of the Students’ Union shall assume office after they take an oath in the following form. “ I ………………………………………. having been elected as………………………of Marshaghai College Students’ Union do hereby solemnly affirm that I shall discharge my duties earnestly and sincerely in accordance with the provisions of the constitution. I further affirm that my activities shall by no means, be detrimental to the interest and welfare of the Institution
ii) The Oath shall be administered by the Principal / his nominee on such a date and in such a manner as he may think fit. AMENDMENT TO RULES
46. i) Amendment to any of these rules shall be considered at the Annual Meeting of the Union. ii) No amendment will be in order which is not duly recorded and of which a week clear notice has not been received.
iii) An amendment before it becomes effective, must be passed by a majority of three fourths of the members present at the Annual Meeting and must receive the approval of the Principal. iv) The present constitution shall be interpreted whenever necessary, by the Adviser and such interpretation shall be final and shall not be called into question or discussed at any meeting of the Union.
47. Amendment to any of these rules will not be given effect before the next session, i.e. if an amendment is passed in 1990-91, it will be given effect from 1991-92 and so on.
48. The Principal shall be the final authority in all matters relating to the union. The decissions of the principal cannot be challenged.
49. All members of the Union must pay to the Union account in the college office an annual subscription as determined by the Principal from time to time.
50. The funds of the Union shall remain under the control of the Principal Requisiton for expenditure should be counter signed by the Adviser or in his absence by the Associate Adviser to get sanctioned by the Principal. 51. No expenditure can be incurred without the approval of the Adviser, who shall countersign all vouchers.
CONDUCT OF ELECTION FOR DIFFERENT OFFICES OF THE STUDENTS UNION AND OTHER SOCIETIES OR ASSOCIATIONS (Extract from Govt. of ODISHA, Department of Higher Education)
The following guidelines shall be strictly followed during the period of Election, right from issue of notice to oath taking ceremony.
(i) There will be complete disassociation of students election and student representation from political parties.
(ii) During the period of Election no person, who is not a student on the rolls of the college, shall be permitted to take part in the election process in any capacity.
ELIGIBILITY CRITERIA FOR CANDIDATES :
(i) Undergraduate students between the ages of 17 and 22 and post graduate students with the maximum age limit of 24-25 years contest elections.
(ii) The candidate should in no event have any academic arrears in the year of contesting the election.
(iii) The candidate should have attained the minimum percentage of attendance as prescribed by the University or 75% attendance whichever is higher.
(iv) The candidate shall have one opportunity to contest for the post of office bearer and two opportunities to contest for the post of an-executive member.
(v) The candidate shall not have a previous criminal record, that is to say he should not have been tried and/or convicted of any criminal offence or misdemeanor. The candidate shall also not have been subject to any disciplinary action by the University authorities.
ELECTION–RELATED EXPENDITURE AND FINANCIAL ACCOUNTABILITY :
(i) The maximum permitted expenditure per candidate shall be Rs. 5,000/(ii) Each candidate shall, within two weeks of the declaration of the result, submit complete and certified (to be certified by the candidate) accounts within 2 days of submission of accounts, through a suitable medium so that any member of the student body may freely examine the same.
(iii) The election of the candidate will be nullified in the event of any non-compliance or in the event of any excessive expenditure.
(iv) With the view to prevent the inflow of funds from political parties into the student election process, the candidates are specially barred from utilizing funds from any other sources than voluntary contributions from the student body.
CODE OF CONDUCT FOR CANDIDATES AND ELECTIONS ADMINISTRATORS :
(i) No candidate shall indulge in, nor shall abet, any activity, which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religions or linguistic or between any group(s) of students.
(ii) Criticism of other candidates, when made, shall be confined to their policies and programmes, past record and work. Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the other candidates. Criticism of other candidates or their supporters based on unverified allegations or distortion shall be avoided.
(iii) There shall be no appeal to caste or communal feelings for securing votes. Places of worship, within or without the campus shall not be used for election propaganda.
(iv) All candidates shall be prohibited from indulging or abetting, all activities which are considered to be “Corrupt Practices” and offences, such as bribing of voters, intimidation of voters, impersonation of voters, vanvassing or the use of propaganda within 100 meters of polling station, holding public meetings during the period of 24 hours ending with the hour fixed for the close of the poll and the transport and conveyance of voters to and from the polling station.
(v) No candidate shall be permitted to make use of printed posters, printed pamphlets or any other printed materials for the purpose of canvassing. Candidates may only utilize hand-made posters procured within the expenditure limit set out herein above.
(vi) Candidates may only utilize hand-made posters at certain places in the campus which shall be notified in advance by the election commission.
(vii) No candidate shall be permitted to carryout processions, or public meetings or in any way canvass or distribute propaganda outside the college campus.
(viii) No candidate shall, nor shall his/her supporters, deface or cause any destruction to any property of the college campus for any purpose whatsoever, without the prior written permission of the college authorities. All candidates shall be held jointly and severally liable for any destruction/defacing of any college property.
(ix) During the election period the candidates may hold processions and/or public meetings provided that such procession and/or public meeting do not in any manner, disturb the classes and other academic and co-curricular activities of the college. Further, such procession/public meeting may not be held without the prior written permission of the college authority.
(x) The use of loudspeakers, vehicles and animals for the purpose of canvassing shall be prohibited. (xi) On the day of polling student organization and candidates shall
(a) co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction.
(b) not serve or distribute any eatables, or other solid and liquid consumables, except water on polling day.
(c) not hand our any propaganda on the polling day. (xii) Excepting the voters no one without a valid pass/letters of authority from the election commission or from the college authorities shall enter the polling booths.
(xiii) The election commission/college authorities shall appoint impartial observers. In the case of deemed Universities and Self-financed Institutions, Government servants may be appointed as observers. If the candidates have any specific complaints or problems regarding the conduct of the elections they may bring the same to the notice of the observer(s). Observers shall also be appointed to oversee the process of nomination of students in institutions that are following the nominations model of student representation.
(xiv) All candidates shall be jointly responsible for ensuring the clearing up of the polling area within 48 hours of the conclusion of polling.
(xv) Any contravention of any of the above recommendation may make the candidate liable to be stripped of his candidature, or his elected post, as the case may be. The election commission/college authorities may also take appropriate disciplinary action against such a violator.
(xvi) In addition to the above mentioned code of conduct certain provisions of the Indian Penal Code 1860 (Section 153-A and Chapter-IX-A “Offences Relating to Election”) may also be applicable to students’ elections.
Grievances Redressal Mechanism :
i) There should be a Grievances Redressal Cell with the Dean (Student Welfare)/ Teacher in charge of student affairs as its chairman. In addition, one senior faculty member, one senior administrative officer and two final year students- one boy and one girl (till the election results declared, students can be nominated on the basis of merit and/or, participation in t he co-curricular activities in the previous year.) The grievance cell shall be mandated with the redressal of election- related grievance, including, but not limited to breaches of the code of conduct of election complaints relating to election- related expenditure. This cell would be the regular unit of institution.
(ii) In pursuit of its duties, the grievance cell may prosecute violators of any aspect of the code of conduct or the rulings of the grievance cell. The grievance cell shall serve as the court of original jurisdiction. The institutional head shall have appellate jurisdiction over issues of law and fact in all cases or controversies arising ot of the conduct of the elections in which the grievance cell has issued a final decision. Upon review, the institutional head may revoke or modify the sanctions imposed by the grievance cell.
(iii) In carrying out the duties of the office, the Grievance CEll shall conduct proceedings and hearing necessary to fulfill these duties. In executing those duties they shall have the authority: a) To issue a writ of subpoena to compel candidates, agents and workers, and to request students to appear and give testimony, as well as produce necessary records; and b) To inspect the financial reports of any candidate and make these records available for public scrutiny upon request.
(iv) Members of the Grievance cell are prohibited from filing complaints. Any other students may lide a complaint with the Grievance cell, within a period of 3 weeks from the date of declaration of results. All complaints must be filed under the name of the student filing the complaint/ The Grievance cell shall act on all complaints w ithin 24 hours after the are received by either disaussing them or ealling a hearing.
(v) The Grievance cell may dismiss a complaint if
a) The complaint was not filed within the time frame prescribed in e commendation
b) The complaint fails to stat a cause of action for which relief may be granted.
c) The complaint has not and/or likely will not suffer injury or damage.
(vi) If a complaint is not dismissed, then a hearing must be held. The Grievance cell shall inform, in writing, or via e-mail, the complaining party and individuals or groups named in the complaint of the time and place of the hearing. The parties are not considered notified until they have received a copy of the complaint.
(vii) The hearing shall be held at the earliest possible time, but not within twenty-four (24) hours after receipt of the notice described above, unless and parries agree to waive the 24 hour time constraint.
(viii) At the time, notice of hearing is issued, the Grievance Cell, by majority vote, may issue a temporary restraining order, if a determines that such nation is necessary to prevent undue or adverse effects on any individual or entity. Any restraining order, once issued, will remain in effect until a decision of the Grievance Cell is announced after the hearing or until rescined by the Grievance Cell.
(ix) All Grievance CEll hearing, proceedings, and meetings must be poen to the public.
(x) All parties of the Grievance Cell hearing shall present themselves at the hearing, may be accompanied by any other student from which they can receive counsel, and have the option to be represented by that counsel.
(xi) For any hearing, a majority of sitting Grievance Cell members must be in attendance with the Chair of the Grievance Cell presiding. In the absence of the Chair, the responsibility to preside shad fall to an Grievance Cell presiding. In the absence of the Chair, the responsibility to preside shall fall to on Grievance Cell member designated by the Chair.
(xii) The Grievance cell determine the format for the hearing,but must require that both the complaining and responding parties appear physically before the board to discuss the issues through a complaint, answered, rebuital, and rejointe format. The purpose of the hearing is to gather the information necessary to make a decision, order, or ruling that will resolve an election dispute. To effectuate this purpose, the following rules should prevail at all hearings:
a) Complaining parties shall be allowed no more than two witnesses, however, the Grievance cell may call witnesses as required. If said witnesses are unable to appear at the hearing, signed affidavits may be submitted to the Grievance Cell Chair for the purpose of testifying by proxy.
b) All questions and discussions by the parties in dispute shall be directed to the Grievance Cell
c) There shall be no direct or cross-examination of any party or witness by complaining or responding, parties during hearings.
d) Reasonable time limits may be set by the Grievance Cell navided they give fare and equal treatment to both sides. e) The complaining party shall been the burden of proof.
f) Decisions, orders and rulings of the Grievance Cell must be concurred to by a majority of the Grievance CEll present and shall be announced as soon as possible after the hearing. The Grievance CEll shall issue a written opinion of the ruling within 12 hours of announcement of the decision. The written opinion must set forth the findings of fact by the Grievance Cell and the conclusions of law in support of it. Written opinions shall set a precedent for a time period of there election cycles for Grievance Cell ruling, and shall guide the Grievance Cell in its proceedings. Upon consideration of prior written opinions, the grievance cell may negate t he decision, but must provide written documentation of reasons for doing so.
g) If the decision of the Grievance Cell is appealed to the institutional head, the Grievance Cell must immediately submits its ruling to the commission.
h) The Grievance Cell shall select the remedy or sanction most appropriate to both the type and severity of the infraction, as well as the stand of mind or intent of the violator as determined by the Grievance Cell. Possible remedies and sanctions include, but are not limited to, fines, suspension of campaigning privileges, and disqualification from the election.
i) Any fine or total amount of fines against a candidate in an election cycle may not exceed the spending limit as defined herein above.
j) Any fine or total amount of fines against a candidate in an election cycle may not exceed the spending limit as defined herein above.
k) If, after a hearing, the Grievance Cell finds that provisions of this Code were violated by a candidate, or a candidate’s agent or workers, the Grievance Cell may restrict the candidate, or the candidates agents or workers, from engaging in some or all campaign activities for some or all of the remainder of the campaign. If an order is issued covering only part of the remaining period. It shall take effect immediately so that after its termination, the candidate will have an opportunity to resume campaigning during the days immediately prior to and including the election days.
l) If, after a hearing, the Grievance Cell finds that provisions of either this Code or decisions, opinions, orders, or ruling of the Grievance Cell have been willfully and blatantly violated by a candidate, or a candidate’s agents or workers, the Grievance Cell may disqualify the candidate.
m) Any party adversely affected by a decision of the Grievance Cell may file an appeal with the institutional head within twenty four (24) hours after the adverse decision is announced. The institutional head shall have discretionary appellate jurisdiction over the Grievance Cell in all cases in which error on the part of the Grievance Cell is charged.
n) The decision of the Grievance Cell shall stand and shall have full effect until the appeal is heard and decided by the institutional head.
o) The institutional head shall hear appeals of Grievance Cell rulings as soon as possible but not within twenty four (24) hours after the Grievance Cell delivers.
p) To the Appellant and the institutional head a copy of its written opinion in the case. Appeal may be heard prior to this time, but only if the Appellant waives the right to a written opinion and the institutional head agrees to accept the waiver.
q) The institutional head can issue suitable orders to suspend or halt the operation of the ruling issued by the Grievance Cell until the appeals are decided.
r) The institutional head shall review findings of the Grievance Cell when appealed. The institutional head may affirm or overturn the decision of the Grievance Cell, or modify the sanctions imposed.
s) Maintaining Law and Order on the Campus during the Election Process.
t) Any instance of acute lawlessness or the commission of a criminal offence shall be reported to the police by the University/College authorities as soon as possible, but not later than 6 hours after the alleged commission of the offence.
i) Student representation is essential to the overall development of students, and, therefore, it is recommended that University Statutes should expressly provided for student representation.
ii) Student representation should be regulated by statute (either a Central Statute, State Statute or individual University Statutes), incorporating the recommendations prescribed herein.
iii) The institution should organize leadership-training programmes with the help of professional organizations so as to groom and instill in students leadership qualities.
iv) In the event of the office of any major post of office bearers falling vacant within two months of elections, re-elections should be conducted; otherwise the Vice President may be promoted to be post of President and Joint Secretary to the post of Secretary, as the case may be.