Regulations for the Research leading to Doctor of Philosophy (Ph.D)
{All cases registered before the date effectiveness of this rules will be governed by earlier rules. However the mandatory requirements laid down by the UGC Regulation 2009 shall be fulfilled for obtaining the required endorsements in the Degree}
Rules for the Degree of Doctor of Philosophy (Ph.D) are framed as per the University Grants Commission’s minimum standards and procedure for the awards of Ph.D Degree Regulation 2016.
The Ph.D. Programme of Jharkhand Rai University, Ranchi, offers research programmes in different subjects and in inter-disciplinary areas leading to a degree of Doctor of Philosophy. Jharkhand Rai University aims at providing high quality training to the Research Scholars to become distinguished academicians, consultants and researchers.
1. Definitions
1.1 “Research” means systematic study or investigations in order to discover new knowledge in the form of facts/ patterns or new interpretation of ideas or inventions of new ideas.
1.2 “Doctor of Philosophy (Ph.D)” signifies that the awardee of the degree has undertaken a substantial piece of original research, which has been conducted and reported by the holder under proper academic supervision, and in research environment for a prescribed period.
1.3 “Research Scholar” means a candidate who is admitted to Ph.D programme of Jharkhand Rai University, Ranchi, through the procedures adopted by the University.
1.4 “Supervisor/ Research Guide” means a member of the faculty(Full time) of Jharkhand Rai University or associated as Part time faculty on a temporary basis, who Supervises the research work carried out by the Research Scholar for Ph.D. Eligibility of the Research Guide/Supervisor is as below:
1.4.1 Research Guide / Supervisor having minimum of two years of teaching/industrial experience, with Ph.D. degree in the relevant subject/discipline with at least one paper published in standard research journal or presented atleast two papers in National seminar may be recognized as Guide/Supervisor with the approval of RC.
1.4.2 Research Guide / Supervisor should give his / her consent for the guide- ship in writing along with his / her bio data. 1.5 “Co-Supervisor” means a person who may or may not be a member of the faculty of Jharkhand Rai University, but is recognized by RC to Supervise the research work of the scholar.
1.6 “Research Council” is the apex body that administers the research programmes of the University. The Vice Chancellor of the University constitutes the committee and shall be the Chairperson of this committee The committee constitutes of the Vice Chancellor, Registrar Nominee in the relevant subject, Board of Studies in the concerned subject, HOD/Dean of the concerned faculty, Research Guide of the Scholar.
1.7 “Admission Committee” is constituted for the selection of Ph.D. Scholars.
1.8 “Allocation Committee” This Committee constitutes of all the faculty members eligible to guide in that Department, Head of the Department of the concerned Faculty, Dean, Vice Chancellor or Vice Chancellor’s nominee in the relevant faculty.
2. Duration of the Ph.D Programme:
2.1 Ph.D. programme shall be for a minimum duration of three years, including course work and a maximum of six years. Part-time Ph.D. will be allowed provided all the conditions mentioned in the extant Ph.D. Regulations are met.
3. Fee of the Ph.D Programme:
The fee structure for the Ph.D will be as prescribed by the University authorities from time to time. Fees once paid will not be refunded.
4. Admission and Registration for the Ph.D Programme:
4.1 Eligibility for Admission for Ph.D
For admission to the Ph.D programme in a related subject in the faculty, applicants fulfilling the following criteria shall be treated as eligible :
4.1.1 Research Scholars (Indian / Foreigner) having Post Graduate Degree (Masters Degree or equivalent) in the appropriate field with at least 55% marks or equivalent Grade Point Average (GPA) from any UGC recognized University, (relaxation for SC/ST/OBC/PH students as per Central Govt. rules)Further relaxation in special cases is subject to discretion of the Vice-Chancellor.
4.1.2 Bachelor’s Degree in Engineering/ Technology or any other discipline of at least four years after 10+2 with 60% and above marks in aggregate and a minimum of 10 years experience in an Institution/ University/ Industry/Government organization.
4.1.3 The members of the Institute of Chartered Accountant/ or Institute of Cost and works Accountants and / or having qualification of Institute of Company Secretaries of India shall be considered eligible for registration for Ph.D in any subject in the faculty of Commerce and Management provided that they possess a Bachelor’s Degree from any UGC recognized University.
4.1.4 Research Scholars with exceptional abilities who have passed Graduate Degree Examination with 55% of Marks and with 15 years experience after graduation in related field.
4.1.5 Research Scholars for research in inter-disciplinary areas/ allied subject, satisfying point 4.1.1 above and from applicants belonging to a faculty or subject other than the faculty or subject in which the research is proposed to be done and from international Scholars (those who have not obtained the Master’s degree or equivalent from Indian Universities) shall be considered on the basis of the proven ability and aptitude of the researcher for such kind of research. The decisions in this regard shall be taken by the concerned Research Council after presentation by the Research Scholar. In such cases, the guide should be from the subject in which the Research Scholar has completed his/her Master Degree and the Co-guide from the allied subject. The guide and co-guide for one particular thesis may or may not be from same subject.
4.1.6 Research Scholars who has atleast 7 Years experience of research or teaching experience of 5 Years may be permitted to get registered for Ph.D degree, even if he / she does not possess 55% marks at the Postgraduate degree. (Subject to discretion of the Vice-Chancellor)
4. 2 Exemptions for Entrance Examination:
The Research Scholars fulfilling one of the following conditions will be exempted from Entrance Examination:
4.2.1 Qualified in SLET/NET/JRF/CSIR/GATE examinations.
4.2.2 Persons with exceptional abilities/Senior Citizens as mentioned in 4.1.4 (Subject to discretion of Vice-Chancellor).
4.2.3 Passed M.Phil, M.Tech from statutory University. However they have to qualify in the interview conducted by the University for admission to Ph.D programmes.
4.2.4 Teachers having 5 years regular (unconditional approval) teaching experience at Secondary, Senior Secondary, U.G. and P.G. level. (subject to discretion of Vice-Chancellor.)
4.3 Admission and Registration Procedure:
4.3.1 A Research Scholar fulfilling the minimum eligibility criteria as specified in point (4.1), can fill and submit the application form along with the admission fee in cash/DD in favor of the University and the required testimonials.
4.3.2 The Admission Committee, as mentioned in (1.7) shall scrutinize the academic, professional and research potential of the Research Scholars. The Research Scholars who are eligible as per the above criteria mentioned in point (4) will have to appear for an Entrance Examination devised and conducted by the University. Refer Annexure 2- Guidelines for the Entrance Examination. Merely qualifying the entrance test will not post-facto entitle a candidate to get him / her registered for Ph. D in the department concerned, if he/she does not fulfill the minimum marks criteria.
4.3.3 The Scholars who qualify through the Entrance Examination or who are exempted under provision (4.2), shall have to appear for an interview before the Allocation Committee, as mentioned in (1.8), constituted for the allocation of the Research Guide/ Supervisor as mentioned in Annexure 1.Once the allocation of the research Guide is done to the Research Scholar by the University the validity of the allocation of that respective Guide will be six (6) months from the date of allocation, If the Research scholar fails to appear before the RC for synopsis presentation within stipulated period the University reserves the right to cancel the allocation .Reallocation of guide will be done only after the Research Scholar deposits the processing fee to the university.
4.3.4 After allocation of the Research Guide, an eligible Scholar seeking admission to the Ph.D programme shall submit 6 copies of his/her Ph.D research proposal (outline) through his/her allocated Research Guide.
4.3.5 The Research scholar shall be required to make a brief presentation of his/her research proposal before the Research Council (RC) as mentioned in (1.6). During the Presentation, the Research Scholar is expected to discuss his / her research interest/ area.
4.3.6 The date of meeting of the committee for the presentation shall be communicated at least 15 days in advance by letter / fax/ email to the selected scholars.
4.3.7 The Research Council (RC) will evaluate and prepare a report on the basis of the presentation. In case of any suggestions given by the committee for improvement in the topic of the research, the research scholar shall make changes accordingly in the research proposal (research outline) within one month from the presentation. On the recommendation of the Head of the concerned University Department, & Dean of the concerned faculty will approve the revised research outline before confirming the registration for the Ph.D programme.
4.3.8 Once the registration is confirmed, it is valid for 6 years. Extension up to a maximum period of 2 years shall be given only if considerable work has been
done by the Research Scholar. The Research Scholar concerned must submit the application to RC for extension through his/her guide and the Head of the Department of the concerned faculty, at least 2 months before the expiry of the registration period. On the basis of the recommendation of the Dean of the concerned faculty, Vice-Chancellor will grant the extension up to 2 years.
4.3.9 No Research Scholar shall be allowed to simultaneously register for the Ph.D or for any other degree course in the same or different University.
5. Part-time/Full-time Research
5.1.1 Registration may be granted to all resident scholars on full-time basis and to employed persons on part-time basis. 5.2.2 Teachers of Colleges and Schools and permanent employees of government/Private/business firms who are eligible for Ph.D. admission may be granted part-time registration. 5.3.3 A fulltime registration may be converted into part time, after the completion of one year or when the candidate is declared to have successfully completed the course work.
6. Pre-Ph.D Theory Course Work:
6.1 The Pre-Ph.D. Theory Course Work is compulsory for all the Research Scholars registered for Ph.D. For details refer Annexure 3.
6.2 A scholar admitted to the Ph.D programme shall be required to undertake and complete specified course work for a minimum period of one semester i.e., six months.
6.3 Any scholar with an M.Phil degree may be exempted from course work which he / she has completed during the M. Phil study.
7. Change in the Topic of Research of Ph.D Programme:
7.1 A Research Scholar may be allowed to change the title of his/her research work subject to approval of Research Council and provided he/she applied for the change at least six months before the anticipated date of submission of his/her thesis or earlier. The Research Scholar shall submit his/her application duly recommended by the Research Guide.
7.2 If the change in the title of the topic of research involves an altogether different topic from what he/she was registered, the Research Scholar shall not be allowed to submit his/her thesis unless he/she works for a period of two years i.e. for the minimum period prescribed for Ph.D. study from the date of approval of the new topic by Research Council (RC).
7.3 The title of the topic of research for the experimental science subjects (i.e. Science, Engineering and Technology, Pharmacy) may not be the title of the thesis. If the title
of thesis does not match with the title of topic of research, then the Research Scholar shall have to submit his/her application, duly recommended by Research Guide for the approval of the Vice-Chancellor.
8. Additional Ph.D Degree:
8.1 A Research Scholar seeking admission for the additional Ph.D degree within the same subject, need not appear for the Entrance Test and Pre – Ph.D theory course work.
8.2 A Research Scholar seeking admission for the additional Ph.D degree other than the subject in which the Research Scholar has been previously awarded, the Research Scholar shall have to appear the for entrance test and complete the Pre – Ph.D theory course work in the subject for which the Research Scholar wish to register for the Ph.D degree.
9. Independent Research without Guide:
9.1 If the research guide in the concerned subject is not available in the jurisdiction of University and / or the Research Scholar wish to work independently, he/she may not be allowed to register for Ph.D without Research guide/ Supervisor provided that the Research Scholar should fulfill the following conditions :
9.1.1 The Research Scholar should satisfy the eligibility criteria mentioned in 4.1.
9.1.2 The Research Scholar should qualify the Entrance Examination for admission to Ph.D. degree devised and conducted by the University.
9.1.3 In case of eminent persons exemption may be granted by the Vice Chancellor.
9.1.4 The Research Scholar should successfully complete the Pre – Ph.D theory course work. In case of eminent person, exemption may be granted by the Vice Chancellor.
10. Place of work:
10.1 Normally a Research Scholar has to work under the guidance of recognized guide at the place recognized by the University.
10.2 In case a Research Scholar works at some other place than the guide’s place, then on the recommendations of the Guide(s), the University may allow the research work for the Ph.D. degree to be partially or wholly carried out at another organization / institute, under the guidance of a recognized guide from the same institute approved by the RC.
11. Monitoring the Progress:
11.1 All the registered Research Scholar shall be required to submit a progress report of the work through their Research Guide and Co – Guide at least once in a Year before the RC and adhere to the remarks of the Committee to show further progress before the submission of the synopsis and thesis.
11.2 The Research Council (RC) shall evaluate the progress of Ph.D. work of the Research Scholar and upon their satisfaction shall recommend continuation of his/ her work. If RC is not satisfied with the progress of research work may recommend termination of registration. {ANNEXURE 5}
12. Leave Rules:
A Research Scholar may avail himself / herself of a maximum period of one year leave during his / her research period within the maximum period fixed for the submission of his / her thesis. But he / she is not eligible for leave during the period of extension.
However a Research Scholar may avail himself / herself of leave in any extraordinary circumstances such as maternity. Medical leave may be granted with the prior approval of the Registrar on the recommendation of the Research Supervisor and the HOD.
13. Publications Every research scholar should publish at least two research paper in refereed journal and make two presentations in conferences/seminars in the area of his/her research before the date of submission of his or her thesis to the university and produce evidence for the same in the form of presentation certificates and/or reprints.
14. Submission and Evaluation of Thesis:
14.1 Submission of Synopsis:
14.1.1 Guidelines for preparation of the synopsis is given in Annexure 4.
14.2 Submission of Thesis:
14.2.1 The thesis can be submitted after three years from the date of Registration and not later than six years.
14.2.2 If a Research Scholar fails to submit the thesis within six years from the date of Registration, maximum of two extensions of one year each may be given with approval from the RC after which the registration will stand cancelled. Then, he / she shall submit the synopsis again based on the recommendations of the Research Council.
14.2.3 Prior to submission of thesis, the Research Scholar shall make a pre- submission presentation before the RC. 14.2.4 The Pre-Ph.D presentation may be open to all faculty members and Research Scholar, for getting feedback and comments which may be suitably incorporated under the advice of the research guide.
14.2.5 A Research Scholar shall submit six copies of his / her thesis along with a certificate from the supervisor that the work done by the Research Scholar is original and is consistent with the approved synopsis.
14.2.6 Two copies of the thesis shall be placed, one in the University Library and another with the Research Department. An e-copy will be sent to National Library. One copy of the thesis will be placed in the inflibnet after the award of the Ph.D. degree.
14.2.7 Every Research Scholar shall submit with his/her thesis a Certificate from the Supervisor and a Declaration form by the Research Scholar that the work reported in the thesis has been carried out by the Research Scholar himself/ herself and that the material from the other sources, in any, is duly acknowledged.
14.2.8 At the time of submission of the thesis, every scholar shall pay a Ph.D thesis examination fee at the prescribed rate. The fee once paid shall not be refunded.
14.2.9 The Research Scholar shall be allowed to submit his / her thesis after the completion of a period of three years from the date of Registration of the synopsis, and in case of expiry of six years, the Research Scholar will have to pay the prescribed fine for the late submission. Late submission of thesis shall be allowed with fine up to the completion of one year from the date of expiration of six years from the date of Registration.
14.2.10 Guidelines for the preparation of the thesis are given in Annexure 7.
14.3 Appointment of the Examiners :
14.3.1 The procedure for the appointment of examiners shall be undertaken soon after the Research Scholar submits his/ her Thesis.
14.3.1 The Guide will prepare a panel of eight persons qualified to examine the thesis and send the list to Dean (Academics) of the University. From this panel, the Vice Chancellor will appoint two examiners (one from outside the state and the other from within the state of Jharkhand), to whom the thesis will be sent for evaluation.
14.3.2 The Guide of the Research Scholar shall be the Internal examiner. In case of a Research Scholar working independently, the Vice Chancellor shall recommend the name of recognized research Guide who shall be the Internal examiner.
14.4 Evaluation of the Ph.D Thesis
14.4.1 The thesis shall be sent for evaluation to the external and the internal examiners. A maximum of three months time shall be given to the examiners for sending the report, failing which the Vice-Chancellor may appoint alternate examiner(s).
14.4.2 The examiners shall clearly recommend whether the thesis should be: (a) approved/ (b) resubmitted after revision/extension of work/(c) Rejected.
14.4.3 If all three examiner(s) including supervisor, approve the thesis, the viva-voce examination will be conducted.
14.4.4 If one examiner approves the thesis and other examiner recommended for revision, the viva-voce examination may not be held. However, the comments of the examiner recommending revision shall be sent to the supervisor and the clarifications of the Research Scholar will be submitted before the examiner who have recommended corrections. Only then viva voce will be held.
14.4.5 If one examiner approves the thesis and other examiner rejects the thesis, the thesis shall be sent to the third examiner to be appointed by the Vice Chancellor. If third examiner approves the thesis, the viva-voice examination will be held.
14.4.6 If both the examiners recommend revision, the Research Scholar shall be asked to revise the thesis.
14.4.7 If both the examiners reject the thesis, the thesis shall be rejected.
14.4.8 Registration of the Research Scholar will be automatically cancelled if he /she fails to submit yearly progress reports or fails to submit Ph.D. thesis within six years from the date of registration.
15. Viva voice and Defense of Thesis:
15.1 After the thesis has been recommended by both the examiners for award of Ph.D degree, the report of the examiners will be made available to the guide (s) by the Academic Dean and the scholar shall be asked to appear at a Viva-Voce examination.
15.2 The Viva-Voce will be conducted by at least two examiners, one external examiner and Guide. (In case of Joint Guides, one will be ordinarily present).
15.3 The day, date, time and the place for the Viva-Voce and the defense of thesis shall be notified by the Research Department atleast Fifteen days in advance.
15.4 Normally the Viva-Voce and the defense of the thesis shall be arranged in the University. In exceptional cases, the Vice Chancellor may allow the Viva-Voce to be conducted at a place of research outside the University. In such a case the procedure and norms for the conduct of Viva-Voce, payments, etc. shall be as laid down by the University.
15.5 The defense of the thesis shall take place in the presence of one panel examiner and the RC, who shall jointly evaluate the performance of the Research Scholar. In case of dispute, Dean (Academics), shall take an appropriate decision in favor of the Research Scholar.
15.6 If the external referee is not able to be present at the time of the defense, the Vice Chancellor on the recommendation of the guide and the Dean (Academics) shall appoint a senior research guide to act as an examiner for the Viva-Voce.
15.7 The examiner present for the Viva-Voce and the defense of the thesis shall submit their final consolidated report about the award of the Ph.D. degree immediately after the defense is over.
15.8 In case of Research Scholar doing an independent research without any Guide, the Viva -Voce will be organized by the recommendation of Research Department and will be conducted by two external experts recommended by Dean (Academics).
15.9 In case the defense is not satisfactory, the examiners can unanimously recommend that a fresh viva-voce and defense of the thesis be organized within period of not less than one month.
15.10 Research Scholar shall be required to pay a Ph.D Viva -Voce Fee for Re-appearing in the Viva Voce and / or practical examination at the prescribed rate on or before the date of the said examination. The fees for re-appearing at the Vive-Voce and / or Practical Examination shall be the prescribed Viva-Voce fees.
15.11 Video Conferencing facilities may be permitted for special cases.
15.12 If the thesis is recommended for the Award of the Ph.D degree to the Research Scholar, the first copy of the thesis will be deposited in the University library, the second copy will be kept in the RC, and the third copy will be returned to the Research Scholar.
16. Award of the Doctorate (Ph.D.) Degree
16.1 The recommendation of the Viva – Voce Board shall be placed before the RC for approval.
16.2 The final result shall be officially declared by the Controller of examination within 8 working days from the date of the receipt of the favorable report on the defense of the thesis.
16.3 The degree shall be awarded by the RC of the University on the recommendation of the Academic Council. The announcement of the award shall be made by the Vice Chancellor.
17. Confidentiality and the copyright of thesis :
17.1 The confidentiality of the content and the copyright of the thesis shall lie with the University as per the Copyright Act, 1968.
17.2 Should the author of the thesis or the Supervisor wish to publish the matter in the form of a book the author and the supervisor shall obtain clearance from the RC of the University.
18. Depository with UGC
18.1 Following the successful completion of the evaluation process and before the announcement of the award of Ph.D., the University shall submit an electronic copy of the Ph.D. thesis to the INFLIBNET, for hosting the same so as to make it accessible to all Institutions / Colleges.
18.2 The University shall issue a Provisional certificate, certifying that the Degree has been awarded in accordance with Regulations issued by UGC as per the Notification dated 5th May 2016 and subsequent the Gazette of India published on 5th July 2016.
19. Collaboration for Research
19.1.1 Any teaching department can enter into an agreement with an outside research institution or an approved research center for carrying out collaborative research.
19.1.2 A Memorandum of Understanding (MOU) shall be signed between the University and the proposed research institution for the purpose.
19.1.3 The teaching department shall take the initiative for such strategic alliances with research institutions with the permission of University.
19.1.4 Such collaboration shall be entered into only with institutions of high reputation which will enhance the image of the University and gives the researchers of the University access to resources and facilities that are not adequately available on the University campus.
20. Any other item significant to research in this university and has not appeared under the above clauses, may be ruled by the decision of the vice-chancellor.
Jharkhand Rai University, Ranchi
Annexure 1.
Allocation of the Research Guide/Supervisor or Co-Guide:
a) The allocation of Research Guide shall not be left to the individual Research Scholar or Guide. This allocation shall be done by the Research Council depending on the availability of seats with Research Guide and willingness of the Research Guides to accept the Research Scholar.
b) A Research Supervisor/co-supervisor who is Professor, at any given point of time, cannot guide more than Eight (8) Ph.D. scholars. An Associate Professor as Research Supervisor can guide up to a maximum of six (6) Ph.D. scholars and an Assistant Professor as Research Supervisor can guide up to a maximum of four (4) Ph.D. scholar.
c) Relative of the research scholar will not be permissible to be a Guide/ Supervisor or Co-Guide.
d) Only a full time regular faculty of the University can act a supervisor, the external supervisors are not allowed. However, Co-supervisor can be allowed in interdisciplinary areas from other departments of the same institute or from other related institutions with the approval of the RC.
Jharkhand Rai University, Ranchi
Annexure 2
Guidelines for the Entrance Examination:
a) The Entrance Examination for Ph.D will be compulsory and will be conducted by the University.
b) An Entrance Test shall be qualifying with qualifying marks as 50%. The syllabus of the
Entrance Test shall consist of 50% of Research Methodology and 50% shall be Subject specific.
c) Question Papers will be set and evaluated by a board to be constituted by RC or the HOD / Dean.
d) An interview shall be organized by the University to discuss the research interest/ area of the candidate.
Jharkhand Rai University, Ranchi
Annexure 3
Pre-Ph.D. Theory Course Work and Evaluation:
1. Pre – Ph.D Course Work
a. There will be three papers. Each paper shall be of 04 credits which imply that there will be total of 12 credits. Total marks in each paper shall be 100 marks .
Paper 1 - Research Methodology (as per UGC recommendation) Paper 2 – Basics and Fundamentals of the Subject at Master Level/Relevant Subject.. Paper 3 - (A) Basics of computers and scientific communication. (B) Review writing and presentation/Publications/ Seminars.
The bifurcation of these credits is as under :
Course Contents Credits No. Paper I - Research Methodology. (100 Marks) 04 01
02 Paper II -Basics and Fundamentals of the 04 subject at Master Level. (100Marks)
Paper III – 04 (A) Basics of computers and scientific communication.-(60 Marks) 03 (B) Review writing and presentation /Publications/ Seminars.- (40 Marks)
b) The subject-wise syllabi for Pre-Ph.D.\Theory Course Work shall be decided by Board of Studies and Faculties and same shall be notified. c) If found necessary, course work may be carried out by the Research Scholars in sister department/ Institutes, either within or outside the University, for which due credit will be given to them (as per UGC Regulation 2016).
d) A Research Scholar will have to complete Pre Ph.D theory course work within one year in the respective / Department of the University only.
e) Preparation of question paper and evaluation of the scripts/ dissertation/ projects etc will be done by the Faculty members appointed by the RC.
f) The final result of the Pre-Ph.D. theory course work shall be submitted to the RC for the Evaluation.
2. Evaluation of the Pre-Ph.D Course work : a) The evaluation of the Pre- Ph.D course work shall be divided into two parts viz Internal Assessment and University Examination with a weightage ratio of 50:50.
b) Minimum marks for passing in the Internal Assessment and University Examination for pre Ph.D theory course work shall be 55% .
c) The Evaluation of the Pre-Ph.D course work is done by Research Council (RC).
Annexure 4 Jharkhand Rai University,Ranchi
MANUAL FOR PREPARATION OF Ph.D. SYNOPSIS (Prescribed Format and Specification)
1. GENERAL:
The synopsis is to be considered as proposed summary of the work with important results highlighting the original contributions in the research work to be submitted
2. NUMBER OF COPIES TO BE SUBMITTED:
Seven hard copies and one soft copy in a properly labeled CD are to be submitted to the University.
3. SIZE OF SYNOPSIS:
The size of synopsis should be 7-15 pages of 1 ½ spacing on A4 size good quality white paper preferably not lower than 80 gsm.
4. LAY OUT OF SYNOPSIS:
Cover Page & Title page with details of the Research Scholar and Supervisor.
Introduction
Statement of Problem
Review of Literature
Objectives the study
Significance of the Research
Hypotheses of the study (if required)
Research Methodology
Tentative Chapterization of Research work
Bibliography
Signature of the Research Scholar and Supervisor.
5. TYPING INSTRUCTIONS:
• The font of the synopsis should Times New Roman in size 12 and should have the margins of
2.54 cm on each side.
Jharkhand Rai University, Ranchi
DECLARATION
I hereby declare that the synopsis entitled”…………………………………………………………………………………………
………………………………………………………………………………………………………………… …………………………………………
………………………………………………………………………………………………………………… ………………………………………..” to be submitted for Registration into the Doctor of Philosophy Program of Jharkhand Rai University is my original work and the same has not formed the basis for the award of any degree, diploma, associate ship or fellowship of similar other titles. It has not been submitted to any other University or Institution for registration and award of any degree or diploma.
Place: <
Date: <
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Jharkhand Rai University, Ranchi
Annexure 5
Progress Report for PhD scholars
1. Name of the Research Scholar:
2. Registration number:
3. Date of Registration:
4. Subject:
5. Name of the Supervisor:
6. Title of Thesis:
7. Progress report for the session:
8.Research activities performed in the last one year ( Mark a tick in the box provided)
1. Course work Classes Attended 2. Appeared in Course-work Examination 3. Pre-Submission Seminar defended 4. Thesis Submitted/Defended
9.Brief summary of the research work carried out in last one year (Attach as Annexure if required)
10.Research Papers Published in the refereed/national/international journals in last one year 1.
2.
3.
18 11. Research Papers Published in Conference Proceedings / Seminars / Symposium in last one year 1.
2.
3.
12. Conferences/Seminars/workshops attended in the last one year 1.
2.
3.
13. Any other achievements (Please attach separate sheets if required.)
It is certified that all information mentioned in the Annual progress report is correct to best of my knowledge.
Date: Full Signature of the Applicant
Full Signature of the Supervisor
Note: 1. The Annual Progress reports will be placed before the RC of concerned discipline for approval. The report and further recommendation will be kept in the personal file of the candidate. In the case candidate who does not submit the progress report within the stipulated time, the RC may recommend suitable action. 2. Scholars are required to make sure that all their outstanding dues are cleared before submission of the progress report.
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Annexure 6
Fee Break-up: Note: University reserves the right to revise the fee structure without any prior notification. Effective from January 2017.
Fee Component Total Amount (in Rs.)
Ph.D Application Form Fee 1,000 Processing Fee 3,000 Addmission Fee 20,000 Research Fee Payable into Four Equal Instalments 50,000 Payable at begining of each semester. 1 2 50,000 3 50,000 4 50,000 Thesis Evaluation Fee (Payable on 22nd month 50,000 from the date of approval of the Topic) Late Fine (If Applicable) Grand Total 2,74,000
Other Fees Components Amt (in Rs.)
Guide Reallocation Processing Fee 3,000
Late fees ( per month) 2,000
Note: Extension beyond the maximum period of six years will be granted for one year at the first instance for which Semester Fee will be chargeable. During the second year of extension same provision will be applicable.
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Annexure 7
Thesis Guidelines
Guidelines for the Thesis:
1. The final thesis shall be presented in accordance with the following specifications:
a) Each thesis should be typed on white bond paper of Standard A4 size. Margin of at least 3.5 cm on left side, 2.0 cm on right side, 3.0 cm on the top and 2.5 cm on the bottom should be kept. Font New Times Roman and font size of 12 should be used with double spacing on both sides of the sheet. Thesis should have minimum of 150 pages and should not exceed 350 pages. b) Five copies of the thesis are to be submitted to the University. c) Pages should be numbered consecutively and clearly. d) The thesis should be in compact bound form along with two soft copies in the PDF format. e) All bounded copies must have the title of the thesis, name of the University, degree, name of the Research Scholar, place of the research work, and the month and the year of submission shall be printed on the title page and the front cover. f) Bibliography and references must be given at the end of the chapters. The bibliography shall contain the details of the books, magazines excerpts from the journals and magazines which have accreditation at the national and International levels. The references shall contain exclusively, the details from the research papers published in reputed journals of national and international standards. g) The reprints of the research articles published by the candidate should be annexured at the end. h) The thesis shall be written in English/Hindi. In the faculty of Science, Engineering and Technology the thesis should be preferably in English language. Where the research work is undertaken in language & literature, the thesis shall be written in the respective language.
i) Page Numbering (i) Beginning with the first page of the text in the thesis (chapter 1), all pages should be numbered consecutively and consistently in Arabic numerals through the appendices. (ii) Page numbers prior to Chapter 1 should be in lower case Roman numerals. The title page is considered to be page (i) but the number is not printed. (iii) All page numbers should be placed without punctuation in the upper right hand corner, 12 mm from the top edge and with the last digit even with the right hand margin.
j) Tables, Figures and Equations (i) All the tables (tabulated data) and figures (charts, graphs, maps, images, diagrams, etc.) should be prepared, wherever possible, on the same paper being used to type the text. They should be inserted as close to the textual reference as possible. (ii) Tables, figures and equations should be numbered sequentially either throughout the thesis or chapter-wise using Arabic numerals. They should be referred to in the body of the text capitalizing the first letter of the word and number, as for 21 instance, Table 17, Figure 24, Equation (33), or Table 5.3, Figure 3.11, Equation (4.16), etc. (iii) If tables and figures are of only half a page or less, they may appear on the same page as text but separated above and below by triple line spacing. Font size for text should be the same as for the general text. (iv) Good quality Line Drawings/figures must be drawn using standard software that provides vector rather than bit-map graphics. Figures must be scalable. (v) Images, Photographs, etc. must be scanned in resolution exceeding 200d pi with 256 gray scales for the monochrome images and 24 bit per pixel for the color images. k) The thesis should be free from typographical errors.
2. Organisation of the thesis :
The thesis may be organized in the following manner; a) Title page b) Abstract should be submitted separately in bounded form c) Declaration by the Research Scholar d) Certificate of the Supervisor in the prescribed format e) Preface (if applicable ) f) Acknowledgments g) Table of contents h) List of tables, figures and illustrations, abbreviations, symbols
3. Title page
The thesis must be preceded by a title page. The title page of the thesis should show: a) Title of the thesis at the top and centered b) Degree for which it is submitted: “Thesis submitted to Jharkhand Rai University for the award of the degree of Doctor of Philosophy in < Subject>” i.e. “Thesis submitted to Jharkhand Rai University for the award of the degree of Doctor of Philosophy in < Subject>” c) Full name of the Supervisor d) Full name of the Research Scholar and his/her affiliation (Deptt./ centre / lab) e) Logo of Jharkhand Rai University f) Month and year.
(See Specimen – 1)
4. The thesis should generally consist of the following chapters mentioned in a precise manner. The Research scholar may adopt the following pattern. a) Introduction b) Background // Review of literature c) Procedure (Experimental / methods and materials etc.) d) Analysis / Result (whichever is applicable) e) Results &Discussion f) Limitations and Future scope of the Study g) References/Bibliography h) Annexures 5. Literature Citation The references should appear as a consolidated list at the end of the chapters with proper 22 indexing.with references listed either alphabetically or sequentially as they appear in the text of the thesis.
Reference Format Referencing should contain the following information: authors, title, name of journal, volume number, page numbers and year. Referencing an article published in a book, should contain, authors, the title of the book, editors, publisher, year, page number of the article in the book being referred to.
Samples:
Journals H.E. Exner, “Physical and Chemical Nature of Cemented Carbides,” International Metals Review, 1979, v. 24, pp. 149-173.
Conference Proceedings H.F. Fischmeister, “Development and Present Status of the Science and Technology of Hard Materials,” Science of Hard Materials, R.K. Viswanadham, D.J. Rowcliffe, and J. Gurland (eds.), Plenum Press, New York, NY, USA, 1982, pp. 1-45.
Books R.M. German, Powder Injection Molding, Metal PowderIndustries Federation, Princeton, NJ, USA, 1990.
Thesis J.L. Johnson, “Densification, Microstructural Evolution, and Thermal Properties of Liquid Phase Sintered Composites,” Ph.D. Thesis, The Pennsylvania State University, University Park, PA, USA, 1994.
Technical Reports E.G. Zukas, P.S.Z. Rogers, and R.S. Rogers, “Experimental Evidence for Spheroid Growth Mechanisms in the Liquid Phase Sintered Tungsten Based Composites,” Informal Report: Los Alamos Scientific laboratory, USA, 1976, pp. 1-35.
Patents V. Oenning and I. S. R. Clark, U. S. Patent No. 4988386, 1991.
Appendix or Appendices a) Supplementary illustrative material, original data, and quotations too lengthy for inclusion in the text or which is not immediately essential to an understanding of the subject can be presented in Appendix or Appendices (as Appendix A , Appendix B,etc.) b) Each appendix with its title should be listed separately in the table of contents. Likewise, tables and figures contained in the Appendices are to be included in the lists of tables and figures, respectively.
23
Jharkhand Rai University, Ranchi SPECIMEN – 1
Impact of E-commerce on Business Values in Service Organizations
Thesis Submitted to
Jharkhand Rai University
For the award of the degree of
DOCTOR OF PHILOSOPHY IN
Under the Supervision of
Research Supervisor Research Supervisor Prof.
Submitted by
JHARKHAND RAI UNIVERSITY JULY, 2015
24 Jharkhand Rai University, Ranchi SPECIMEN – 2
CERTIFICATE – I
This is to certify that the thesis entitled“…………………………………………… …...... ……………………………………………………………………………...” submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy is a genuine and bona fide research work carried out by Mr./Ms.…………………………… under my supervision and no part of the thesis has been submitted for any other degree. All assistance and help received during the course of this Research work have been acknowledged.
Signature of Research Supervisor
Jharkhand Rai University, Ranchi Month , Year
25
Guidelines for PROMOTION OF ACADEMIC INTEGRITY AND PREVENTION OF PLAGIARISM :
1. Purpose
University Grants Commission (UGC), as per UGC Act, 1956, is mandated to coordinate and determine the standards of higher education. And whereas, assessment of academic and research work done by a student or a faculty or a researcher or a staff, in the form of essays, assignments, term papers, project reports, coursework, thesis and dissertation leading to the award of degrees, research papers, policy papers, chapters in books, full-fledged books and any other work including computer programs is instrumental in identifying and certifying the academic standards accomplished by such student(s) or faculty or researcher(s) or staff and projecting them far and wide as an objective and impartial indicator of the performance of individual(s); And whereas, any academic and research work undertaken in any form by a student or a faculty or a researcher or a staff, reflects the extent to which elements of academic integrity, originality and innovation have been injected in various processes of education adopted by In pursuance of the provision contained in the Section 08 of Jharkhand Rai University Act 2011 (Jharkhand Act03, 2012), these guidelines are made for improvement of research works.
2. Scope These guidelines known as “Jharkhand Rai University, Ranchi PROMOTION OF ACADEMIC INTEGRITY AND PREVENTION OF PLAGIARISM”. This Guidelines shall apply to all students / Scholars / Teachers of Jharkhand Rai University, Ranchi. This guidelines shall come in to force from the date of notification duly approved by Research Council of the University. Jharkhand Rai University strives to promote research-oriented culture in the campus. University has a separate research department mandated to promote best standards & practices in the area of research. University intend for research environment where academic staffs and postgraduate research students carry out their research. Research includes work of direct consequences & importance to the specific needs of communities, government, industry and continued growth of academic surface. 3. Definitions University Means Jharkhand Rai University, Ranchi.
Research Means systematic study or investigations in order to discover new knowledge in the form of facts/ patterns or new interpretation of ideas or inventions of new ideas. Research Council Research Council of Jharkhand Rai University, Ranchi. Faculty Faculty means Faculty of University. “Faculty” refers to a person who is teaching and / or guiding students enrolled in University in any capacity whatsoever i.e. regular, ad-hoc, guest, temporary, visiting etc;
Research Scholar Candidate admitted to M.Tech. (by research) / Ph.D. programme of Jharkhand Rai University, Ranchi, through the procedures adopted by the University. Supervisor The Faculty of Jharkhand Rai University who supervises the research work carried out by the research scholar.
Plagiarism Plagiarism means Guidelines for prevention of academic dishonesty and a breach of ethics. It involves using someone else’s work as one’s own. It also includes data plagiarism and self-plagiarism.
Programmes “Programme” means a course or programme of study leading to the award of a degree or a diploma in the University.
Information "Information" includes data, message, text, images, sound, voice, codes, computer programs, software and databases or micro film or computer generated micro fiche.
Script Script includes research paper, thesis, study, project report, assignment, dissertation and any other such work submitted for assessment / opinion leading to the award of degree or publication in print or electronic media by students or faculty or staff.
Author Author includes a student or a faculty or a researcher or staff of Higher Educational Institution (HEI) who claims to be the creator of the work under consideration.
Intellectual Intangible property that is the result of creativity, such as patents, property copyrights, penitent inventions, designs, technical know-how, etc.
4. Research: In different faculties or inter- disciplinary, research may be embodied in the form of artistic nature of works, performances or designs that facilitates new and creative insights. Research may include contributions to the intellectual underpinning of subjects and disciplines, the use of existing knowledge in experimental development to produce new or substantially improved, materials, devices, products, and communications or processes or even the synthesis and analysis of previous research. Research findings must be open to scrutiny or formal evaluation by experts within the field. To promote quality research, the university pursues an attitude of encouragement to all its Academic staff as well as students by way of providing not only leave for attending and presenting their research papers & related works in various platforms like national & international seminars, conferences & symposiums, field work but also by providing financial assistance towards the achievement of the same. 4.3. The Quality of supervision and conditions of work In the pursuance of quality of supervision and conditions of work the following suggestion shall be considered: a). Course work is necessary for the conduct of research programme. The course should also provide the broad- based understanding of the research related works, so that a scholar does not end up with knowing less other than his narrow specialization. The department is required to maintain the publication related documents. b). Wherever a research problem of inter-disciplinary nature is taken up, there should be co- supervisors representing the areas or joint supervision may be allowed whenever found necessary. c). Every scholar may write a subsidiary thesis or submit a project in a field different from his specialization. This would compel a scholar to look beyond the area in which he has carried out of his research work. d). The supervisor should pay more attention and maintain better records of their interaction with research scholar. e). Research Scholar’s experimental report of field work shall be analysed with the utmost integrity. The scholar as well as Supervisor should exercise great care of this, for safeguard against charges of plagiarism. f). The result of research strive to publish only in well known Indian and foreign journals. g). Research work evaluation must be done by end of the year. 5. Ethical and fair practices and Prevention of Plagiarism Academic staff and students are required to carry out their Research in compliance with all the University’s obligations under ethical and fair practices & obligations. In pursuance of the UGC (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Education Institutions) Regulations, 2017, the university endeavors to foster and maintain a culture of honesty and academic integrity in the university in order to ensure promotion of Academic originality & prevention of plagiarism. All staff and students have an obligation to act in an ethical manner, consistent with the principle of academic integrity. The policy prevention of plagiarism applies to all registered research scholars of the university and to all academic work (i.e. assignments, theses, projects, presentations, products, assessments, examinations, etc.) undertaken in any of the disciplines in the university. Whether plagiarism is intentional i.e. deliberate lack of acknowledgement of someone else's work or unintentional i.e. genuine lack of understanding of paraphrasing and referencing requirements, it is a breach of policy and will be treated as an academic offence. Sources of plagiarism include books, journals, reports, websites, work of another person etc. Plagiarism includes unacknowledged paraphrasing or use of other people's words or ideas to be their own, non-acknowledgement of sources, unauthorized copying of another person's work, submitting one's own work without declaration of sources and references, and the falsification of references. The university is committed to a proactive approach towards the prevention of plagiarism through the development of good academic practice. University shall conduct sensitization seminars/ awareness programmes every semester on responsible conduct of research, project work, assignment, thesis, dissertation, promotion of academic integrity and ethics in education for students, faculty and other members of academic staff. Preventive actions by the university include referral to the policy in the assessment instructions to be provided to researchers, faculty & students. The university endeavors to create awareness by way of training in the practices of referencing and citation and in the use of source material(s), and the use of plagiarism detection software, to be provided to all the staff & students. All the students & researchers are required to include a plagiarism disclaimer declaring that the work has been completed in accordance with the university’s policy on plagiarism, in respect of all work submitted to the university. The research supervisors are also required to furnish a certificate stating that the research work conducted under his/her supervision is free from plagiarism. Faculty, research scholar should be provided plagiarism detection tools for checking the content of their scripts, Shall encourage student, faculty, staff and researcher to register on international researcher's Registry systems. University Shall establish facility equipped with modern technologies for detection of plagiarism. Each supervisor shall submit a certificate indicating that the work done by the researcher under him / her is plagiarism free. University shall submit to INFLIBNET soft copies of all Ph.D. dissertations and theses carried out in its various departments after the award of degrees for hosting in the digital repository under the “Shodh Ganga e-repository” programme.
6. Publications & Seminars The research carried out in the university should be of good quality adhering to highest standards of ethics. In order to recognize the research contribution, & in pursuance of University Grants Commission (Minimum Standards and Procedure for Award of M.PHIL./PH.D Degrees) Regulations, 2016 (as amended time to time), the researcher scholars must publish at least 2 research papers in refereed journal and make one paper presentation in conferences/seminars before the submission of the dissertation/thesis and produce evidence for the same in the form of presentation certificates and/or reprints. University encourages publications in journals indexed in Scopus/Web of Science & journals with good impact factor. Each Faculty, and its constituent members, is encouraged to develop and implement its own research plan that is consistent with and contributes to the University’s overall strategy.
7. Intellectual Property Rights Policy Intellectual property plays an important role in providing a competitive edge to any research & development driven organization. It includes the intangible assets of an organization such as technical know-how, inventions, brands, designs and other creative and innovative products which are often more valuable than the physical assets. Keeping this in mind, this Intellectual Property Rights Policy endeavors to create a conducive environment for acquiring new knowledge through innovation and research, leading to development of intellectual property. The university also endeavours to promote academic freedom and safeguard in creation of intellectual property at the university &to provide legal support, wherever necessary, to defend and protect the intellectual property rights of the creator against any unauthorized use. According to section 24 of Jharkhand Rai University Act, 2012, the Research Council which is the principal Research Committee shall be responsible to all the issues related with infringement of Intellectual Property Rights of the creator / researcher, if any complaint to that effect is brought to its notice. All Intellectual Property related with academic research shall include patents, copyrights, designs, trademarks, technical know-how and any other undisclosed information. If the creators assert that they have developed any patentable or commercialized Intellectual Property, with or without using the university’s resources, equipments & laboratories facilities, they must report it promptly in writing with relevant proof in the form of documents, data or any other information. The information shall comprise a thorough and detailed disclosure of type, particulars & other necessary details.
8. Zero Tolerance Policy in core area: The research core work carried out by the scholars, shall be based on original ideas and shall be covered by Zero Tolerance Policy on Plagiarism. In case Plagiarism is established in the core work claimed then Research Council of the University shall impose maximum penalty. The core work shall include abstract, summary, hypothesis, observations, results, conclusions and recommendations.
9. Plagiarism level for non-core areas For all other (non-core) cases, plagiarism would be quantified into following levels in ascending order of severity for the purpose of its definition: i. Similarities upto 10% excluded ii. Level 1: Similarities above 10% to 40% iii. Level 2: Similarities above 40% to 60% iv. Level 3: Similarities above 60%
10. Detection/Reporting/Handling of Plagiarism If any member of the academic community suspects with appropriate proof that a case of plagiarism has happened in any document, he or she shall report it to the competent/designated authority of the university. Upon receipt of such a complaint or allegation the university authority shall refer the case to the Research Council of the University, who shall take proper action. The Research Council may also take suomoto notice of plagiarism and initiate proceedings under these guidelines.
11. Penalties Penalties in the cases of plagiarism shall be imposed on students pursuing studies at the level of UG / PG / M. Phil. / Ph.D. and faculty & staff of the University only after academic misconduct on the part of the offender has been established without doubt, when all avenues of appeal have been exhausted and individual in question has been provided enough opportunity to defend himself or herself in a fair or transparent manner. Act of plagiarism, witting or unwitting, is potentially detrimental to the academic credibility and social reputation of the individual concerned, all proceedings of investigations and imposition of penalties shall be conducted in camera so as to prevent encrustation of stigma and slur upon individual concerned:
12. Penalties for Students Research Council of the University shall impose penalty considering the severity of the Plagiarism. i. Level 1: Similarities above 10% to 40% - Such student shall not be given any mark and /or credit for the plagiarized script and shall be asked to submit a revised script within a stipulated time period not exceeding 6 months. ii. Level 2: Similarities above 40% to 60% - Such student shall not be given any mark and/or credit for the plagiarized script and shall be asked to submit a revised script after a time period of one year but not exceeding eighteen months. iii. Level 3: Similarities above 60% - Such student shall not be given any mark and/or credit for the plagiarized script and his/her registration for that course to be suspended or cancelled.
Note 1: Penalty on repeated plagiarism- Such student shall be punished for the plagiarism of one level higher than the previous level committed by him/her. In case where plagiarism of highest level is committed then the punishment for the same shall be operative. Note 2: Penalty in ease where the degree / credit has already been obtained – If Plagiarism is proved on a date later than the date of award of degree or credit as the case may be then his/her degree or credit shall be put in abeyance for a period decided by the Research Council of the University. (b) Penalties for faculty, staff, researcher of University- (i) Level 1: Similarities above 10% to 40% - Shall be asked to withdraw manuscript submitted for publication and shall not be allowed to publish any work for a minimum period of one year. (ii) Level 2: Similarities above 40% to 60% - shall be asked to withdraw manuscript submitted for publication and shall not be allowed to publish any work for a minimum period of two years and shall be denied a right to one annual increment and shall not be allowed to be a supervisor to any UG, PG, Master’s, M.Phil., Ph.D. student/scholar for a period of two years.
(iii) Level 3: Similarities above 60% - shall be asked to withdraw manuscript submitted for publication and shall not be allowed to publish any work for a minimum period of three years and shall be denied a right to two successive annual increments and shall not be allowed to be a supervisor to any UG, PG, Masters, M.Phil., Ph.D. student/scholar for a period of three years.
Note l: Enhanced penalty on repeated plagiarism - Shall be punished for the plagiarism of one level higher than the lower level committed by him/her. In case where plagiarism of highest level is committed then the punishment for the same shall be operative. In case level 3 offence is repeated then the concerned person shall be dismissed. Note 2: Penalty in case where the benefit or credit has already been obtained - If plagiarism is proved on a date later than the date of benefit or credit obtained as the case may be then his/her benefit or credit shall be put in abeyance for a period decided by the Research Council of University. Note 3: If there is any complaint of plagiarism against the Head, a suitable action, in line with these guidelines, will be taken by the Competent Authority/Governing Board as the title may be.
13. Role of the University Grant Commission (UGC), New Delhi: UGC rules or regulations (as amended time to time) related to plagiarism prevention and promotion of research work may supersede. 14. Approving Agency As per deliberation and due suggestion of the Academic Council of the University, the Research Council of the Jharkhand Rai University shall be responsible for examination and execution of the same. Intellectual Property Rights and India
Introduction
Various International Treaties
Various subject matters of Intellectual Property in India
1. Copyrights 2. Patents 3. Trademarks 4. Designs 5. Geographical Indications 6. Plant Varieties 7. Superconductor Chips and Integrated Circuits 8. Traditional Knowledge 9. Biological Diversity
Indo-US IPR problem
Conclusion
Modern world’s economic order which runs on capitalistic line has power to commodify almost anything. Clean air has been commodified by Kyoto protocol. Water is chargeable at most locations. One can also get Himalayan glacial water by paying much more. Electromagnetic waves are auctioned by government. In similar fashion, it is possible to buy and sell intellect, thanks to IPR regime.
While it may be true that knowledge blossoms when shared, yet in certain circumstances such benevolent sharing is not desirable. When one invests lot of time, energy, money and other resources on cultivation of his knowledge towards a specific goal, he has legitimate right to fruits of his labor. Any creation of someone’s mind should be used under his authorization. This, apart from moral, also makes socio-economic sense.
Upto couple of years back, any Hepatitis C patient had to undergo a harrowing ordeal of intoxicating drugs for years. This however has changed now, thanks to invention Sofosbuvir by Gilead. This drug is taken orally and much easy for body to tolerate. It’s unlikely that without IPR protection this drug would have been invented.
IPR provides a secure environment for investors, scientists, artists, designers, traders etc. to foster innovation and scientific temper. This innovation often has potential to yield astronomical returns and rewards to creators and users. Obviously, original inventors shall have rights to such profits. However it is imperative that society at large should also be benefited by such outcomes. Thus, IPR regime aims to strike balance between public and private rights.Patents are granted for 20 years on any new product or process to original creator. After expiry of 20 years such patents expire and generic industry can exploit what was once patented. When we say Indian pharmaceutical industry is world leader in generic drugs, it means that they manufacture mostly those drugs whose patents have been expired. In other words, for 20 years law guards private rights and then they make sure that innovation is thrown open to public, hence striking a balance.
Intervention of state in guarding tangible property of citizens like immovable property, cash, jewelry etc seems more obvious. These things can be enclosed in a limited space and protected. In these things title of ownership can be made clear by invoices and payments. State’s law and order machineries have been protecting citizens’ right to these properties from the times immemorial. However, ideas, intellect, art, programming codes and designs etc. have only recently come under definition of property. As article 300A provides right to own property to citizens, it becomes duty of state to protect intellectual property too.
If these things are to be stolen, physical custody is not required. It means that state can’t prevent proliferation of an innovative idea. Hence, it shall strive to provide exclusive right to creator to exploit its creation. Even when everyone knows the idea, secret or key, all except inventor are forbidden by law to exploit it. These things can only be used after due authorization from creator or on expiry of protection.
Not everyone is in favor of this IPR protection provided by state. Some people claim that no innovation is done in isolation. They are result of incremental innovations which are on from times immemorial. So any innovation, rather than individual asset is a social asset. Further, it is argued that most new patents are result of serendipity. There is no co-relation between effort, outcomes and rewards.
Notwithstanding strength of these criticisms, it should be realised that over the years IPR protections have encouraged tremendous investments and efforts in areas of applied science. We have overcome numerous challenges in various fields of medicine, communication, agriculture, communication, transport etc.
As already said, knowledge knows no boundaries. It is hence not enough to provide protection to a creation in domestic laws. In globalized world economy it is imperative that a universal protection is accorded. For this we have robust international system of treaty instruments and enforcement organizations.
Various International Treaties
There are different subject matters of intellectual property like Patents, Copyright, Trademarks, Industrial design, Plant Varieties etc. Need for protection in these different subjects arose in different periods. These are reflected in different treaties. Agreement on TRIPS, under aegis of WTO, remains most influential, comprehensive and inclusive of all. Other treaties are covered here for background information.
There are two main bodies – World Intellectual Property Organization (WIPO) under UN which administers 1-7 treaties mentioned below. 8th treaty is independent of any organization. Another relevant body is World Trading Organization. 9th (or TRIPS) is administered by WTO. 10th treaty comes under UNESCO.
1. Paris Convention for Industrial Property, 1883 – Since it deals only with Industrial property, it covered only Patents and Trademarks. It was among first treaties to recognize various principles of international trade like National Treatment, Right of Priority, Common rules etc. 2. Bern convention for literary and artistic works, 1886 – It provided for copyright system. It doesn’t provide for any formality to claim protection. Protection is automatically accorded to any creation, provided work is original and other conditions under the treaty are fulfilled. It means that your work, if original, is already protected. You can claim that you have copyright. 3. Madrid Agreement, 1881 – Governs the international recognition of trademarks. Made international fillings easy and cheap. 4. Patent co-operation treaty, 1970 – It was earlier not possible for an entity to claim protection in different countries by single application. This was made possible as it aimed for co-operation and it was open for all parties to Paris convention. 5. Budapest Treaty of 1980 – It made possible patenting for micro-organisms. Claimant is required to deposit his invention on micro-organisms with an Authority – ‘International depository of Micro-Organisms’ under WIPO. He shall make all the adequate disclosures. 6. Trademark Law Treaty, 1994 – Harmonized administrative procedures and introduced ‘service marks’ in ambit of trade marks. Earlier trademarks were accorded only to goods. 7. The Hague agreement concerning the International Deposit of ‘Industrial Design’ 1925 – It created International Design Bureau of WIPO.
8. International Union for protection of new varieties of plants, 1961 – This provides breeders and farmers right to new plant varieties. 9. Agreement on Trade Related Aspects of Intellectual Property – It is a landmark and most comprehensive treaty on Intellectual property. While earlier treaties’ subject matters were specific, TRIPS deal with 8 kinds of property rights – Patents, Trademarks, trade dress, Copyrights, Industrial Designs, Plant Varieties, Integrated Circuits and layouts, and Geographical Indication. Further, almost all countries are party to TRIP. In earlier treaties only limited countries participated. It also provides enforcement mechanism which was not available in WIPO treaties. It mandated all member countries to make their domestic laws complaint to TRIPS. India passed certain laws and amended others. India’s IPR regime now stands fully complaint to TRIPS. For E.g. India amended patent law in 2005 to provide ‘product’ patent protection. Earlier protection was available only to ‘processes’.
TRIPS was results of discussions held in Uruguay round which led to formation of WTO. This treaty is an offshoot of General Agreement on Trade in Goods (GATT). This treaty provided a robust Dispute Resolution Mechanism and stringent penal provisions under auspices of WTO. Further, every treaty under WTO is based some principle which are –
1. National Treatment – No foreign products, once they enter domestic territories, shall be discriminated in any manner. This also applies to intellectual property. Members must accord similar treatment to foreign creations, as they do to domestic ones. 2. Most Favored Nation – If a member provides some privilege, favorable treatment or exemption to another country or group, then other members must get similar favorable treatment. 3. Right to priority treatment – If a similar patent application has been filed in two different countries, then prior applicant has right to the patent. 4. Concept of Minimum Standards – This treaty provides for minimum level of protection that every member should provide to intellectual property. Members have discretion to provide more protection than minimum standards. 5. Universal Copyright Convention, 1952 – This convention is administered by UNESCO. This exists simultaneously with Bern Convention. This treaty provides for procedural formalities for filing and recognition of copyright. As Bern convention provides for automatic route to copyright, this treaty has lost its relevance.
Various subject matters of Intellectual Property in India
1. Copyrights
Law – Copyrights Act 1957, amended in 2012
Ministry – Copyright Office, Ministry of Human Recourse Development
Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work.
Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.
Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Application for copyright can be filed in Copyright office.
Computer Software or programme can also be registered as a ‘literary work’. As per Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. The 2012 amendments make Indian Copyright Law compliant with the Internet Treaties – the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
Literary dramatic, Lifetime of the author + sixty years from the beginning of the musical and calendar year next following the year in which the author artistic works dies.
Anonymous and pseudonymous works Posthumous work Cinematograph films Sound records Until sixty years from the beginning of the calendar years Government work next following the year in which the work is first publish Public undertakings International Agencies photographs
India has a very large copyright-based creative industry. The Copyright Act is comprehensive and with the recent amendments, the rights of creators have been strengthened. India was the first country to ratify the Marrakesh Treaty 2013 for Access to copyright works for visually impaired persons. Enforcement in copyright has been significant and will be further reinforced. Judgments of Indian courts have adequately balanced the rights of copyright owners with the rights of public. Moral rights are fully recognized.
The challenge in the future is the enforcement of copyright in digital platforms for which the statute has adequate provisions. Indian copyright owners are also victims of copyright violations and piracy. Apart from Copyrights Act, Information Technology Act, 2000 too has certain relevant provisions for copyright in electronics and digital field.
There have been disagreements over the question whether Softwares are eligible for copyrights or for patents. Copyright Office recently held that softwares, if are not in conjuncture with novel hardware should be protected by copyright. This is relief for software industry as Copyrights are cheap, automatically recognised and protects for 60 years while patents are only for 20 years.
2. Patents
Law – Patents Act, 1970, amended in 2006
Ministry – DIPP, Ministry of Commerce and industry
The object of patent law is to encourage scientific research, new technology and industrial progress. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office, which, after the expiry of the fixed period (20 years) of the monopoly, passes into the public domain. The fundamental principle of Patent law is that a patent is granted only for an invention which must have novelty and utility. It is essential for the validity of a patent that it must be the inventor’s own discovery as opposed to mere verification of what was, already known before the date of the patent. A patentable invention, apart from being a new manufacture, must also be useful.
Evergreening of patent is not allowed: In order to be patentable, an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement, and must independently satisfy the test of invention or an inventive step. It must produce a new result, or a new article or a better or cheaper article than before. The new subject matter must involve “invention” over what is old.
It allows Compulsory Licensing: This strikes balance between two objectives – Rewarding patentees for innovation and to make sure that patented products, particularly Pharmaceutical ones, are available to public in developing and underdeveloped countries at affordable prices.
In March 2012, India granted its first compulsory license ever. The license was granted to Indian generic drug manufacturer Natco Pharma Ltd for Sorafenib tosylate, a cancer drug patented by Bayer. Non-governmental groups reportedly welcomed the decision.
TRIPS also allows for compulsory licensing under certain circumstances. The principal requirement for the issue of a compulsory license is that attempts to obtain a license under reasonable commercial terms must have failed over a reasonable period of time. Specific situations in which compulsory licenses may be issued are set out in the legislation of each patent system and vary between systems. Some examples are – Unaffordable prices of particular drug for masses or inability of patentee to fulfill demand in markets. Further, TRIPs also provides that the requirements for a compulsory license may be waived in certain situations, in particular cases of national emergency or extreme urgency or in cases of public non-commercial use.
It allows both Product and Process patent: Prior to 2006 amendment, only process was allowed to be patented. It means that if same product is manufactured using some process different than that was patented, there shall be no infringement.
System of pre-grant and post-grant oppositions: Introduced in 2005, ensures that only deserving patents are granted. It is now possible to raise objection both before and after the patent has been granted.
Data exclusivity: Indian Patent Act doesn’t specifically provide for data exclusivity. Companies spend significant time, energy and money on research and clinical trials. During all this they gather large amount of useful data. While obtaining permission for launch of product in markets or while applying for patents, these companies have to provide data to authorities. By provision of data exclusivity, companies want authorities to not to share such data with any third party for certain period. Article 39(3) of the TRIPS states that that “Members when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that data are protected against unfair commercial use“
But it should be remembered that Article 39(3) does not talk about “Data Exclusivity” but only about “unfair commercial use” and it is this phrase that is interpreted by Multi-national companies as containing “Data Exclusivity” provision and thus demanding data exclusivity law.
Data exclusivity however, is opposed on following grounds –
1. If generic drugs manufacturers are denied access to such data then they will have to do separate clinical trials which will increase costs. 2. Further, there are ethical issues with clinical trials as it involves experimentation on animals or humans. 3. TRIPS agreement not at all mentions ‘data exclusivity’. It is just creative interpretation of MNCs. 4. It can become an alternative to patentability and can be used for evergreening. Data exclusivity concept is different from patent. If a company manages to protect data, then it may continue to maintain its monopoly by incremental improvement in products and generation of new data.
There is no need of a “further protection” to pharmaceuticals in the form of “Data Exclusivity” as the protection under the Patents Act, 1970 is not only sufficient but also in conformity with the TRIPS Agreement. The protection in the form of “Data Exclusivity” is a “TRIPS plus” provision to which Indian does not owe any obligation.
The Health Ministry has said that India already has necessary legal provisions to protect data and hence there is no need for any further protection, while Satwant Reddy committee was of the view that there is no legal provision to protect test data. It is alleged by the Health and Human right activist that government is under pressure from Multi-National Companies and western countries to enact law on data exclusivity.
India has adopted a balanced approach towards patent law. It is committed to protect innovation while promoting the larger goal of welfare of its citizens. Courts and tribunals have upheld key provisions of India’s patent law by their authoritative pronouncements. The system of pre-grant and post-grant oppositions introduced in 2005 ensures that only deserving patents are granted.
It is expected that there would be a steady evolution of patent jurisprudence in India. Patent filings too have gone up by 10.56% from 2008-2009 to 2013-2014. Over 75% of patent filings are by foreign entities and so there is a need for concerted action to be taken to increase filings by Indians. 3. Trademarks
Law – Trademark Act 1999
Ministry – DIPP, Ministry of Commerce and industry
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles). A trademark cannot be offensive
India joins Madrid Protocol, 2013
The Madrid System for the International Registration of Marks offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.
4. Designs
Law – Designs Act, 2000
Ministry – DIPP, Ministry of Commerce and industry
Apple iPhones are manufactured in China. But, China is able to capture paltry 2-5% of its value while overwhelming part is cornered by USA. This is mainly attributed to value added by Designing and Research, which is based in USA. Thus, importance of design protection can’t be overstressed.
As per WIPO – ‘In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article.’
‘An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.’
Industrial designs refer to creative activity which results in the ornamental or formal appearance of a product and ‘design right’ refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property.
In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. Such rights are perpetual. Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.
The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.
Overall, the law of industrial designs and enforcement thereof has been quite positive. At present, approximately 8000 applications are filed annually. This is much below India’s potential and there is scope for considerable improvement. Concerted steps shall be taken particularly to increase sensitization to this law especially in the MSMEs and the informal sector.
5. Geographical Indications
Law – Geographical Indications of Goods Act, 1999
Ministry – DIPP, Ministry of Commerce and industry
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.
A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.
Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
How are geographical indications protected? Broadly speaking geographical indications are protected in different countries and regional systems through a wide variety of approaches and often using a combination of two or more of the approaches outlined above. These approaches have been developed in accordance with different legal traditions and within a framework of individual historical and economic conditions.
There are three main ways to protect a geographical indication:
so-called sui generis systems (i.e. special regimes of protection); using collective or certification marks; and methods focusing on business practices, including administrative product approval schemes.
These approaches involve differences with respect to important questions, such as the conditions for protection or the scope of protection. On the other hand, two of the modes of protection — namely sui generis systems and collective or certification mark systems — share some common features, such as the fact that they set up rights for collective use by those who comply with defined standards.
List of GIs in India
6. Plant Varieties
Law – Protection of Plant varieties and farmers’ right Act, 2001
Ministry – Department of Agriculture and Cooperation, Ministry of Agriculture
With the advent hybrid and genetically modified plants, it is possible to create different quality of plants of same genus or species. There have been unending quest of developing plant varieties that are more productive, more fortified with nutrients, more resistant to vagaries of nature and are reasonably priced. Such development demands lot of expenditure and time just like any other patentable invention. TRIPS agreement says that either a member should cover plant variety in domestic patent law or it should be provided a sui- generis protection. Accordingly, India’s patent law doesn’t cover plant varieties and POPVFR act provides a sui-generis protection.
“In order to provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants it has been considered necessary to recognize and to protect the rights of the farmers in respect of their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties. The Govt. of India enacted “The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001” adopting sui generis system. Indian legislation is not only in conformity with International Union for the Protection of New Varieties of Plants (UPOV), 1978, but also have sufficient provisions to protect the interests of public/private sector breeding institutions and the farmers. The legislation recognizes the contributions of both commercial plant breeders and farmers in plant breeding activity and also provides to implement TRIPs in a way that supports the specific socio- economic interests of all the stakeholders including private, public sectors and research institutions, as well as resource-constrained farmers.”
‘Protection of Plant Varieties and Farmers Right Authority’ has been created under the act. Application can be made (by farmer, breeders) to authority to claim protection on a particular plant variety.
Indian law, not only provides for right of breeders’ and researchers’, but it also provide right to seed to farmers and village community. Registering the variety under the authority offers certain protection to its growers under the law. Notable among them is that if any breeder, including seed companies, use this variety for producing hybrid varieties, its growers are entitled for a royalty from the breeder.
As such, plant varieties present in wilderness cannot be registered, under PPV&FR Authority. However, any traditionally cultivated plant variety which has undergone the process of domestication /improvement through human interventions can be registered and protected subjected to fulfilment of the eligible criteria.
The Central Government has notified 57 crops with their genera and species eligible for registration as new varieties.
7. Semi-conductors and integrated Layouts
Law – Semi-conductors and integrated Layout design Act, 2000
Ministry – Department of Electronics and I.T, Ministry of Communication and I.T.
A semiconductor layout design means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits.
The first registration under the Semiconductor Integrated Circuits Layout-Design Act, 2000 was granted in October 2014. It is expected that the industry will make increased use of this right to protect integrated circuit layout designs.
Under this, a SICLD registry has been created where layout designs of integrated circuit chips can be registered. The Registrar will determine the originality of the design based on the information available with him as also through the mechanism of advertisement of the application for registration of the layout-design and or any input he may receive. On registration, protection is granted for 10 years.
8. Traditional Knowledge
Traditional Knowledge Digital Library A collaboration – between the Council of Scientific and Industrial Research (CSIR) and the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (Dept. of AYUSH), Ministry of Health & Family Welfare, Government of India.
There is considerable unexplored potential for developing, promoting and utilizing traditional knowledge, which is a unique endowment of India. Create a sui generis system for protection of traditional knowledge which will safeguard misappropriation of traditional knowledge as well as promote further research and development in products and services based on traditional knowledge.
The creation of the Traditional Knowledge Digital Library (TKDL) has been a major achievement for India which has a vast pool of traditional knowledge. India has been able to thwart attempts to misappropriate its traditional knowledge. The next challenge is to use India’s strength in traditional knowledge for its effective promotion, development and utilization.
It manages a database of knowledge that exists in various local languages such as Sanskrit, Urdu, Arabic, Persian and Tamil. TKDL has also converted the database into five international languages in patent application formats.
So far, over 2 lakh medicinal formulations have been transcribed and the database is present in 30 million A4-size pages.
It has been observed that in the past years patents have been wrongly granted to traditional knowledge related inventions which do not fulfill the requirement of novelty and inventive step, particularly due to existence of relevant prior art. For instance, this has happened in the case of Turmeric, Neem, Basmati etc. The practical obstacle underlying the issue was that patent examiners could not search relevant traditional knowledge as prior art, because they did not have access to traditional knowledge information in their classified non-patent literature. The reasons for this non-accessibility were that the Indian traditional knowledge exists in local languages such as Sanskrit, Urdu, Arabic, Persian, Tamil, etc. which either was not available or not understood by patent examiners. TKDL breaks the language and format barrier and makes available this information in English, French, Spanish, German and Japanese in patent application format, which is easily understandable by patent examiners. TKDL is thus a tool providing defensive protection to the rich traditional knowledge of India.
A research council of AYUSH ministry has been implementing a Tribal Health Care Research Programme (THCRP) which aims at collecting information on folk medicines / traditional practices prevalent in different parts of the country besides extending health care services to tribal population.
Some success stories of TKDL –
1. India Foils Colgate-Palmolive Bid to Patent Nutmeg Mouthwash In 2010, a Patent application was filed by Colgate-Palmolive Company titled “Oral compositions containing extracts of myristica fragrans and related methods”. The company claimed an oral composition comprising a combination of extracts including an extract from Myristica fragrans and a natural extract other than the extract from Myristica fragrans.
The prime issue with this application by Colgate-Palmolive is that Myristica fragrans (nutmeg) has been traditionally used in the Indian system of medicines and is used almost every single day by an average Indian, especially those residing in the country side. The Patent application by Colgate-Palmolive itself describes that Myristica fragrans (nutmeg) is known as a headache cure and a gastrointestinal drug in the Indian ancient Ayurveda, and has been used in the treatment of dyspepsia, bellyache, diarrhea and vomiting in the traditional Chinese medicine. Myristica fragrans has reportedly been used as a fruit paste and applied to teeth. An important claim of this application is “A composition according to any preceding claim, wherein the composition is a dentifrice in a form selected from the group consisting of: powder; toothpaste or dental gel; a periodontal gel; a liquid suitable for painting a dental surface; a chewing gum; a dissolvable, partially dissolvable or non-dissolvable film or strip; a bead, a wafer; a wipe or towelette; an implant; a mouthrinse, a foam, and dental floss.”
CSIR-TKDL submitted proof in the form of references from an ancient book, which said that the herb and its extracts were used for oral diseases in Indian systems of medicine. In addition, other third party observations also made submissions against the claims and the Patent application was shot down. The status of the application EP2689806 now stands cancelled.
2. India wins Patent war on hair loss formula
Pangaea Laboratories Limited, a UK based company had filed a Patent application in February, 2011 titled “Hair building solid agent” (EP2361602). On a close reading of the application, they come across two important pieces of information viz, the description section of the application which reads:
“The hair building solid spray agent may include one or more pharmacologically active ingredient for treating one or more of hair loss, thinning hair and skin conditions.
The pharmacologically active ingredient may be one or more of finasteride, dutasteride, spironolactone, minoxidil, nitric oxide donators, Beta-glucan, saw palmetto, resveratrol, curcumin, marine extracts, polycyanidins, superoxide dismutase, superoxide dismutase mimetics, taurine, plant sterols, pine bark extract, melatonin, green tea, caffeine, copper peptides, copper PCA, EUK-134, copper(II) 3,5-dispropylsalicylate, dimethoxy chromanol, catalase, catalase mimetics and hydrolysed lupine protein.”
As can be observed from a reading of the paragraph, there is clearly a mention of use of curcumin, pine bark and green tea among others as a pharmacologically active ingredient in the preparation of the hair loss formula. Thus CSIR filed an objection to the application by providing the EPO with evidence from the TKDL citing the traditionla use of curcumin, pine bark and green tea in the treatment of hair loss. The third party observations submitted by CSIR can be accessed here.
Based on India’s evidence, the Patent application was finally “deemed to be withdrawn” by the applicant on 29 June 2015.
3. “Over 1500 yoga asanas shortlisted to thwart patenting by foreign parties”
Another news piece making rounds these days is that TKDL is in the process of documenting over 1500 yoga postures in order to stop patenting of these postures by foreign parties. TKDL is said to believe that as many as 2,000 applications were being made internationally every year for patents on Indian systems of medicine including yoga postures, which was nothing but misappropriation of traditional Indian knowledge. But with India providing evidence to the contrary, Patent applications have had to be withdrawn in countries as varied as USA, Japan, UK, Italy, Germany, Australia, China, Cyprus, Kenya, Spain, South Korea, Bulgaria, the Netherlands and New Zealand.
It is estimated that up to 300 million people practice yoga across the globe, with the US being the world’s largest yoga industry worth over $27 billion. Yet more than half of global yoga enthusiasts are Indians, in a country that until now lacked any organizational approach to the $80bn global industry. Lacking brand names, yoga training in India is mainly run through small independent businesses.
News sources indicate that a mind-boggling 249 patents were taken on yoga in 2004 and 2,300 in 2005 at various international Patent offices, thus implying the urgent need to incorporate these yoga aasanas into TKDL.
The above three instances are only some of the success stories of TKDL. As published by the Press Information Bureau of India, CSIR-TKDL unit till date has achieved success in about 200 cases and more, like the ones listed here, without any cost.
Besides major companies like Colgate-Palmolive and Pangaea, the other big players who have been hit by the TKDL include Nestle, L’Oreal, Avasthagen, Ranbaxy, BASF and Unilever.
9. Biological Diversity
Law –Biological Diversity Act, 2002 in pursuance of Convention on Biological Diversity, 1993
The Convention on Biological Diversity (CBD) is a legally binding multilateral environmental agreement that has 194 contracting Parties (Countries) as its members with three objectives –
1. Conservation of biological diversity, 2. Sustainable use of the diversity and 3. Ensuring fair and equitable sharing of benefits of such use. It has entered into force on 29th December 1993.
3rd point is particularly relevant here. To check misappropriation of Indian biological resources or bio-piracy, the Act provides that access to Indian biological resources and associated knowledge are subject to terms and conditions, which secure equitable sharing of benefits. Further, it would be required to obtain the approval of the National Biodiversity Authority before seeking any IPR based on biological material and associated knowledge obtained from India.
It is a bit similar to PPVFR Act we just read. What PPVFR Act protects in plant varieties, Biological Diversity Act, 2002 aims to accord similar protection to general biodiversity. There is no overlap between Biological Diversity Act and Protection of Plant Varieties and Farmer’s Rights Act (PPV&FRA). The scope and objectives of these two legislations are different. In order to harmonise both the legislations, an exemption has been provided under Section 6 (3) of the Biodiversity Act for applicants seeking protection under the PPV&FRA.
The purport of Section 6(3) is to ensure that before grant of IPRs, it becomes possible to realize equitable sharing of benefits arising out of the use of biological resources and knowledge. As the PPV&FRA also has a provision for benefit sharing, an exemption has been provided in the Biological Diversity Act for applicants seeking protection under the PPV&FRA.
The patent applicant should disclose the source and geographical origin of the biological material when used in an invention. Further, non-disclosure or wrongful disclosure of source of biological material and any associated knowledge will result in opposition to the grant of patent or revocation of the patent.
Section 6(1) provides that prior approval of NBA is necessary before applying for any kind of IPRs in India and outside based on any research or information on a biological resource obtained from India. However, in case of patents, permission of the NBA may be obtained after application is made but before sealing of the patent.
Indo-US IPR problem
The U.S. Chamber of Commerce in its International Intellectual Property Index has placed India at 37th position out of 38 countries. This report comes at a time when the government is close to finalizing a National Intellectual Property policy to improve the IP regime, increase IP awareness and strengthen enforcement of rules.
The list is topped by the US, which is followed by the UK, Germany, France and Sweden. India’s peers in the BRICS grouping were all ranked ahead with Russia ranked 20th, China (22nd), South Africa (26th) and Brazil (29th). Venezuela occupies the last position in the index.
Main complaint is that, Brazil, China, India, Indonesia, and Russia introduced or maintained policies that tie market access to sharing of IP and technology. Such forced-localization policies tend to undermine the overall innovation ecosystem and deter investment from foreign IP-intensive entities. U.S and allies want laws which protect intellectual property even when lack of market access in such innovations is against public interest. India remains at the bottom of the Index for the fourth year in a row. The report notes that India’s score would have increased if the government had not suspended implementation of Final Guidelines for Computer Related Inventions (CRI). The report notes the following reasons for India’s low rank:
Patent protection in India remains outside of international best practices. Indian law does not provide adequate enforcement mechanisms to effectively combat online piracy. Among India’s key areas of weakness was the use of compulsory licensing (CL) for commercial and non-emergency situations, and the expanded use of CL being considered by the Indian government. Another area of weakness was poor application and enforcement of civil remedies and criminal penalties. The fact that India was not party to major international treaties, like the Trans-Pacific Partnership agreement, was also a consideration.
In backdrop of these concerns India has been placed under ‘Priority watch list’ in USA. If India is put under ‘priority nations list’ then US will impose trade sanctions on INDIA. But this is unlikely because India, so far, has not violated any of the clauses of TRIPS. That’s why US has negotiated ‘Trans – Pacific/Atlantic’ trade partnerships, which are expected to be ‘WTO+’. It will include stringent provisions guarding intellectual property by diluting flexibilities allowed by current TRIPS agreement, among other things.
Conclusion
As said earlier, India’s IPR regime stands fully complaint to Agreement on TRIPS. However, implementation of various laws has been lax. Patent or copyright infringement and piracy in India is not uncommon. It is also the fact that India has poor performance in R&D, where it accounts for meagre 2.7% of global expenditure. Poor IPR protection regime plays some part in this. Government is about to launch a New IPR policy. It is expected that it will reassert its commitment to TRIPS and promise that measures like compulsory licence will be resorted to in rarest of rare case. It will also consider need and measures to ramp up implementation by building infrastructural and human resource capacities. It is like to give a significant impetus to expansion of copyright and patent offices all over India.
As we have seen that various subject matters in IPR are dealt by different departments and ministries, there needs to be some integration among these arms. This integration is prerequisite for formulating an integral IPR policy and taking stand at various international forums. Having said this, legal setup in India nicely tries to balance Public rights with Private rights. This system provides adequate incentives for entrepreneurs to innovate. We just need strict implementation. This way we will able to make innovation a change agent of Indian economy
Charter-Turn Around Time (TAT) of Processes (Research Department)
Sl. No. Particulars Turn Out Time (TAT) Remarks 1. Admission to Supervisor allocation 30 days 2. Submission of Synopsis by the 3 months Scholar/Candidate 3. Conduct of Pre-registration Viva 30 days Subject to availability of External Expert 4. Payment of Registration Fee/First 10 days Instalment by the Scholar/ Candidate 5. Submission of Annual Progress Every year Report duly approved and signed by the Supervisor 6. Pre-thesis Submission On completion of three years 7. Conduct of Pre-submission viva Within 60 days after Subject to spell submission (duly signed by check, Bibliography the supervisors) in the check and Research Department permissible Plagiarism Report 8. Thesis submission by the scholar Within 6 months after making corrections/ modifications as recommended during pre-submission viva 9. Dispatch of Hard-bound Thesis 30 days manuscript to Examination Cell for the Evaluation Process 10. Conduct of Final Thesis Defense 30 days Subject to the from the date of receipt of all the availability of Thesis Evaluation Reports from External Expert/ Examiners Supervisors
Code of Ethics
This is for favour of all concerned that Gratification of any kind by the research scholar to the supervisor is illegal and unacceptable and calls for disciplinary action. Similarly, any demand from the Research Scholar by the Supervisor for a lenient view towards the scholar also calls for immediate remedial measures by the University. Any such cases/ instances should be brought directly to the notice of the Registrar of the University (Email id- [email protected] ; Mobile / Whatsapp No. 07541810242) in strict confidence to initiate urgent necessary action against erring research scholar / supervisor / wrongdoers. Unethical practices brought to the notice of the University even after award of the degree also are liable to corrective measures to the extent of cancellation of the degree awarded. Jharkhand Rai University, Ranchi believes in ethical practices at all levels and seeks active cooperation of all concerned.
Guidelines for Sponsored Research and Consultancy Services (SRCS), Jharkhand Rai University, Ranchi: Introduction:
In addition to offering several kinds of technical and professional education programmes by the University, sponsored research projects and consultancy (Industrial / Government) services (National and International) are essential programmes to train teachers capable of inspiring the next generation of engineers, scientists and researchers and also for enhancing the faculty research area, development of society and Industry services. By support of Government / industry sponsored programmes, the University intends to contribute towards betterment of Society services and Country’s growth. In exercise of power conferred in Section 7(J), Jharkhand Rai University Act 2011, the following guidelines for Sponsored Research and Consultancy services (SRCS), Jharkhand Rai University, Ranchi are adopted, these shall come in to force from the date of its notification:
1. Objectives: The objectives of promoting University consultancy and sponsored research project in the University shall be as given below :- 1.1 The primary objective of undertaking any sponsored research projects and consultancy works shall be creation of new knowledge, widening and expansion of existing knowledge and experience of faculty and staff members. 1.2 All types of sponsored research projects and consultancy works irrespective of value of the project shall be acceptable so long as there is a distinct value addition to the faculty and staff. The work must be challenging and must involve niche areas of expertise available in the University 1.3 The research and consultancy works which are likely to bring repute to the University and increase the number of patents in favour of the faculty and the University will be given the top priority. 1.4 All University consultancy and sponsored research projects in support/partnership of National and International agencies, Govt.,
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PSUs, or Industries engaged in development of major infrastructure and/or in economic development shall be considered subject to the academic and administrative restrictions laid down by the University.
2. Definitions: 2.1 University means Jharkhand Rai University, Ranchi. 2.2 Vice Chancellor means Vice Chancellor, Jharkhand Rai University, Ranchi. 2.3 Project implies sponsored research projects or industrial consultancy projects or routine testing projects 2.4 Sponsored Research Projects means Research Projects sponsored by Government, public, private, national/ international agencies and autonomous bodies. Generally the project cost including expenditure towards manpower, equipments, consumables and supporting services of the University is borne by the sponsor. 2.5 Consultancy Project means consultancy assignment/job given by outside agency to a faculty of the University for work within mutually agreed terms & scope. It will also include a consultancy assignment/job referred to the Head of the Department or a functionary of the University (i.e. Vice Chancellor or Registrar which may be taken up as a Consultancy Project by faculty.) 2.6 Sponsor means the organization that offers a Project to the University and provides necessary financial support for successful completion of the project in time. 2.7 Consultant or Research or Project In-charge / Principal Investigator (PI): University employee with necessary expertise and competence to conduct a Research and consultancy work shall be applicable to perform in consultancy or projects services, under the purview of University act, statutes and others applicable norms. Normally, the faculty/scientist who submits the project proposal and negotiates with the sponsor and is instrumental in getting the project funding will be the Principal Investigator (PI). In case of research project, Emeritus fellow/ Chair professor/ Visiting professor may also be the Consultant / Research or Project In-charge. 3. MANAGEMENT & ACTIVITIES OF SRCS (Sponsored research and Consultancy services): “University SRCS Cell” shall function for the fulfillment and execution of work including planning, budgeting, project monitoring (both technical and financial), budgetary control, compliance with terms and conditions of the agreement/ contract between sponsor(s) and the
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University etc., monitoring of any sponsored research programmes and consultancy services, Promotion work of consultancy and research work / workshop / symposia / conference / seminar of the University, Liaison with Private / Public sector agency / company with due approval of the Vice- Chancellor. Under the chairmanship of the Registrar, University SRSC Cell should be constituted. The Vice-Chancellor shall have the power to reconstitute the Cell, as and when required. All payments related to such consultancy or sponsored research or project works shall be paid to the University general account. University employees associated with the project or consultancy services shall complete the task of the same within the prescribe time as scheduled, be awarded with appreciation certificate and minimum 50% (fifty) of benefitted amount after deduction of all the expenditures & other liabilities arising from the project / consultancy service, also be paid from receipts of consultancy or project amount.
Eligibility and Restrictions. Following eligibility conditions shall apply:- (a) All types of University consultancy and sponsored research projects and related assignments can be taken up only by employees (Teachers or staffs) of the University. The extent of works undertaken be such that it will not interfere with the discharge of teachers normal duties. The consultancy or project work shall be started after receipt of funds. (b) All types of University consultancy and sponsored research projects and related assignments, whether carried out by an individual or a group, irrespective of the quantum of facilities of the university availed and irrespective of amount involved shall be accepted only with the prior permission of the Vice-Chancellor. While seeking the sanction, the nature of the job and time period involved must be specified. (c) No ceiling limit has been prescribed for undertaking University consultancy and sponsored research projects and related assignments provided (i) consultancy work does not interfere with the normal teaching / research work in the University and other duties of the staff member(s) concerned and (ii) the total time to be spared by the consultant staff member(s) on all consultancy jobs in hand at a particular time should not exceed the laid down maximum limit of hours per week. (d) University staff may be granted project leave up to 10 days during a calendar year for work related to Sponsored Research and industrial consultancy Projects, in addition to the other leave available as per norms.
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University Sponsored Research and Industrial Consultancy. Sponsored Research and industrial consultancy are two important modes through which the faculty supports the activities contributing to the development of knowledge and technology. In the present times of continuous innovation and fast changing technology the curriculum must also be updated continuously to keep pace with time and research and consultancy projects help the faculty to remain in organic contact with the technological change. Thus, the activities of sponsored research and industrial consultancy have become an essential part of the activities of the academic institutions and their teachers. Historically, this University was set up to cater to the developmental needs of the society and industries. The University has a well recognized core competence in traditional engineering and its benefit is harnessed for the industrial and economic growth by extending consultancy services. The University, through its faculty, can handle almost any type of problem/need of the industry or Government agency.
8. Consultancy Services. The faculty of this University is competent to provide a wide variety of Consultancy services in almost every discipline, some of them are: (a) Cause-and-remedy studies (b) Pre-feasibility and feasibility studies (c) Detailed project reports (e) Validation of designs/drawings (f) Development of industrial products/systems/processes (g) Development of systems software (h) Development of application software for offline and online applications. (i) Technical and Energy Audit (j) Industry supported training programmes (k) Training programme for faculty/ industry / Government agency
9. Modes of University Industry Interaction: The University encourages its employees and students to interact with industry as well as government agency in all possible ways with the spirit of deriving mutual benefit. The major modes of interaction are listed below: (a) Professional consultancy by the faculty to industries. (b) Joint research programs and field studies by faculty and people from industries. (c) Visits of faculty to industry for study and discussions or delivering lectures. (d) Visits of industry executives and practicing engineers to the University for seeing research work and laboratories, discussions and delivering lectures on industrial practices, trends and experiences.
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(e) Workshops, conferences and symposia with joint participation of the faculty and the industries. (f) Participation of experts from industry in curriculum development. (g) Collaborative degree programs. (h) B.Tech. and M.Tech. Projects/dissertation work in industries under joint guidance of the faculty and experts from industry. (i) Short-term assignment to faculty members in industries. (j) Visiting faculty/professors from industries. (k) Professorial Chairs sponsored by industries / Government at the University. (l) Practical training of students in industries.
10. Initiation and Management of Consultancy Projects. Each consultancy project has a Project In-charge / Principal Investigator (PI) who is an employee in the service of the University and is responsible for: (a) Formulating the project proposal which may include planning of the work to be done, estimating costs according to the guidelines provided in the University regulations, identifying other faculty member(s)/ scientist(s) in the service of the University to work as Co-investigators of the project and identifying technical staff for assistance, if required. (b) Co-ordination and execution of work. (c) Associating students, outside experts and external agencies, as and if required. (d) Handling all communications with the client. (e) Writing intermediate and final reports for the project. (f) Making recommendations to the Dean (IRD) regarding expenditure from the project funds and remuneration to be paid to faculty, staff and students. 11. The Client (sponsoring organization): The University employees usually approaches the Industries or Government agency as client for consultancy work through the University.
12. Use of Existing Staff. Existing Staff such as technicians and those permanent or contractual staff who may be available without affecting Department schedule may be considered subject to the requirement of the project and availability of such staff. Such staff may be paid as per norms of the University from the receipt amounts as received from the sponsor.
13. Direct Appointment by the University. The PI may approach the Vice- Chancellor and seek permission for direct appointment/hiring of engineers and staff on the project. Such staff shall be appointed for assisting/working on the project as per University norms. 14. Student Assistants: The PI may engage University Students (who may or may not be getting fellowship/ assistantship) as student assistants for the project
5 work. The payment for such engagement shall be decided by the University, time to time. 15. Finance and Accounts: At the time of submission of a sponsored research project proposal, the PI shall make a provision of University Overhead Charges (UOC) at the rate of 20% of the total project cost or at the rate permitted by the sponsor. However, this will not be treated as a condition for accepting the award of project.
16. Exception Clause: These guidelines shall normally be applicable to all Projects. However, any changes required which does not constitute to policy change may be approved by Vice Chancellor on the recommendation of Registrar, Jharkhand Rai University, Ranchi. 17. Review These rules may be reviewed normally in two years or as needed.
18. Collaboration with Outside Organizations If collaboration with other Govt. /Public Sector organizations is envisaged, the nature scope and financial budget of the proposed arrangements will also be specified at the time of submitting the project proposal for approval. 19. DISAGREEMENTS / DISPUTES: Any disagreement within the University arising at any stage of a Consultancy project will be resolved in consultation with Vice Chancellor to ensure an expeditious removal of bottlenecks and smooth functioning of the project. In case of any dispute arising at any stage of Consultancy project between PI(s) and the sponsor(s), the PI (s) will be responsible for settlement of the dispute. Any litigation or dispute proceedings arising out of this MoU shall be subject to laws of India
20. ARBITRATION In the event of any dispute or difference at any time arising between the parties relating to Consultancy project or any other clause(s) or any content of the right and liabilities of the parties or other matters specified therein or with reference to anything arising out of the Consultancy or otherwise in relation to the terms, whether during the Consultancy or thereafter, such disputes or differences shall be endeavored to be resolved by mutual negotiations. If, however, such negotiations are infructuous, such litigation or dispute proceedings arising out of this MoU shall be subject to laws of India, specifically within the jurisdictional court/tribunal/judicial authorities of New Delhi (India) and in accordance with the Arbitration and Conciliation Act 1996 or its amendment thereof as being in force from time to time.
21. PUBLICATION OF RESULTS: PI will have the right to publish the work carried out by him/her unless the sponsors have an agreement under which their
6 prior permission is required. In such cases the draft paper before publication will be submitted to sponsors and if no objections are raised within one month of the submission of the proposal to publish the result, it will be assumed that the sponsors have no objection to the publication. 22. DOCUMENTS TO MAINTAIN: Following documents will be maintained by P.I through his team members and produced for audit as and when required: (a) Attendance Records. Attendance/site visit record of the P.I, members, staff etc. with man-hours spent during each visit. (b) Inspection/Site Visit Register. A register to record expert advice by expert members and consultants suggestions and remarks of the P.I and members with date and their signature during their visit to the site. Record feedback on its implementation also in the same register. (c) Stock Register: This Register shall be updated with record of purchase of all equipments, materials, all consumables, non-consumables items etc. and its warranty or guarantee and utilization. (d) Travel Record Register. To record details of all expenditure incurred on travel. (e) Correspondence File - For all correspondence since commencement. (f) Agreement/Contract - maintain complete record of all agreements, contracts, drawings and such document which may constitute legal requirement. (i) Record of Monthly Progress Report - Record of monthly progress report submitted to IRD and a copy of progress report submitted to client as may be desired by him. (j) Any Other Document - Any other document as directed by Vice-Chancellor or Registrar or as may be decided by the P.I. Note - The above documents may be merged but all records must be maintained for minimum 03years or as may be laid down by the sponsor and produced for audit or any other purpose whenever required.
23. GUIDELINES FOR MoU/AGREEMENT If a MoU/Agreement is required to be signed with the sponsor of a Consultancy Project, it should generally include the following clauses. Additional clauses may be added or the clauses mentioned below should be removed, if considered necessary: 23.1: General: This section should include the reference to the proposed Consultancy and identify the parties concerned pertaining to the MoU. 23.2: Scope: This section should spell out briefly the nature of work, its limitations and the expected end results. 23.3: Time Frame: This clause must indicate the expected duration of the project and should also indicate the schedule of review of progress, submission of reports etc., if any.
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23.4: Consultancy Charges and payment terms: The document must clearly indicate the charges to be paid including applicable service tax along with payment terms. 23.5: Responsibilities: This clause should define clearly the responsibilities of the various parties with regard to making the data and / or material available for the work as also for the return of the same, as and if applicable. 23.6: Patents/Publications: The MoU should clearly spell out the arrangements proposed to be made with regard to any patents or publications arising out of the proposed Consultancy project. 23.7: Force Majeure: This is an important clause and must be included to safeguard the interest of the various parties due to one or more of the unforeseen force majeure events 23.8: Jurisdiction & Arbitration: Any litigation or dispute proceedings arising out of the MoU shall be subject to laws of India, specifically within the jurisdictional court/tribunal/judicial authorities of Jharkhand High Courte, Ranchi, Jharkhand (India) and in accordance with the Arbitration and Conciliation Act 1996 or its amendment thereof as being in force from time to time. The document shall provide for a suitable channel to settle any disputes or differences related to the execution of the Consultancy project, which shall conform to clause of given earlier. 23.9: Liability: This clause should indicate the maximum liability which is to be accepted in the event of the project being terminated without completion at any stage and shall be in conformity with clause given earlier 23.10: Amendment to the MoU: The clause should specify a provision for amendments to any one or more clauses of the MoU through mutual consent, at any stage during work of the project, due to any reason whatsoever. If a different format is used, its legal vetting by the University’s Advocate will be the responsibility of the PI concerned.
Note: Projects & funding: The University Research Council time to time takes personal interest in encouraging the academic staff to generate additional resources for research activities through sponsored research projects. In this light, various projects have been encouraged to apply for funding & grants to various govt. project proposing agencies like Department of higher, technical education & skill development, Jharkhand Council of Science & Technology, Government of Jharkhand, Niti Aayog, Atal Innovation Mission, Science & Engineering Research Board (SERB) etc. We encourage interdisciplinary research within the existing programs offered by the university. The researchers may take up individual projects or in collaboration with colleagues or other research related agencies to bring out quality research. Academic Staff are also encouraged to participate in initiatives designed to secure financial support for research
8 activities from external sources (including government funding, industry partnerships and contracts and commercialization opportunities)
By order of the Vice-Chancellor, Sd/- Registrar, Jharkhand Rai University, Ranchi.
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ACADEMIC REGULATIONS
M.Tech (Research)
JHARKHAND RAI UNIVERSITY Ranchi.
JHARKHAND RAI UNIVERSITY
ACADEMIC REGULATIONS FOR M.TECH. (RESEARCH) DEGREE COURSE
1. PREAMBLE
1.1 INTRODUCTION
The provisions in these regulations govern the conditions for imparting courses of instructions, conduction of examinations and evaluation of performance of students leading to M. Tech (Research) degrees. These courses will be offered to external or internal candidates who are engaged in their duties & earning. No financial assistance will be provided.
1.2 These regulations are effective for the batches of students admitted in the academic year 2016-17 onwards.
1.3 The Programme leading to M. Tech (Research) is offered in the following Departments of the University: a) Department of Civil Engineering b) Department of Mechanical Engineering c) Department of Electrical& Electronics Engineering d) Department of Computer Sc and Engineering
1.4 The provision of these Regulations shall be applicable to any new disciplines that are introduced from time to time and added to the list in section l.3.
1.5 Notwithstanding any of the Clause(s) provided in the Regulations, the Academic Council shall exercise its powers to change/amend/interpret/implement decisions and actions concerned with academic matters.
1.6 The Board of Management of the University may, on the recommendation of the Academic Council, change any or all parts of these Regulations at any time with the consent of Board of Governors.
2.0 DURATION OF THE PROGRAMME:
The complete M. Tech (Research) Programme will be of minimum 3 years plus duration for all the candidates. The maximum period allowed to complete the M.Tech (Research) programme is 5 years.
The maximum or minimum period will be counted from the date of registration to the date of submission of dissertation/ Thesis.
3.0 ADMISSION:
3.1 Eligibility for Admission:
The eligibility for admission to M. Tech (Research) in Engineering Faculty and interdisciplinary areas is B.E./B.Tech./MCA/MSc or equivalent in relevant discipline with 60 percent marks in aggregate (or 6.67 CGPA).
3.2Admission to the M.Tech(R) shall be made subject to the eligibility, qualifications and specialization prescribed by the University from time to time. Admissions shall be made on the basis of Entrance Test conducted by the University or on the basis of any other order of merit approved by the University, subject to reservations prescribed by the university from time to time.
3.3 All students admitted to any of the courses shall be required to pay at the time of joining and also in subsequent semesters prevalent tuition and other fees as prescribed by the University till they are on roll.
3.4 The University reserves the right to cancel the admission of any student, and ask his/her to discontinue his/her studies at any stage of his/her career on grounds of unsatisfactory academic performance or research progress.
3.5 External candidates are allowed to carry out their Research work at the Institute or at their parent organization after fulfilling certain pre-requisites at the University and shall produce a relevant document or no objection certificate from the employer and submit it along with the application form during admission.
3.6 Relaxation:
The following categories of candidates shall be exempted from the test. a) Candidates qualifying GATE/NET/SLET and other fellowship approved by the RC from time to time are exempted from the entrance test (written test). b) If the candidate has obtained M.Tech in relevant branch/subject. c) The candidates belonging to SC/ST category shall be given a relaxation of 5% marks d) Candidates with exceptional achievement. (Subject to the discretion of the VC)
4.0 SUPERVISOR/CO-SUPERVISORS
4.1 Eligibility Criteria for Supervisor a) All the candidates, at the time of selection, shall be assigned supervisor(s) tentatively. But the allotment of supervisor shall not be left to the individual M.Tech (Research) student. The head of the Department will act as supervisor until the M.Tech (Research) student is assigned a supervisor. b) When there are two/more supervisors, one of them will be called as Principal Supervisor, who will be a permanent faculty member of the University. The Co-Supervisor may be from the University or outside the University with PG degree in relevant branch. c) The supervisor should be in the rank of Assistant Professor or above with in relevant branch. Faculty member possessing M.Tech./ M.E./ M.Arch with 5 years of teaching experience will be recognized as supervisor for M.Tech (Research). e) Whenever a Supervisor leaves the University permanently or temporarily for a period greater than or equal to one year, the RC shall provide new supervisor(s) for the M.Tech (Research) candidates being supervised by him/her before his/her departure. f) A faculty can have maximum 4 years M Tech (R) students at a time. e) The RC will approve the supervisors based on their qualifications and research experiences on submission of faculty admission form to be eligible to become a supervisor for guiding M.Tech (Research) candidates of the University.
4.2 Allocation of Supervisor
The allocation of the supervisor for a selected student shall be decided by the RC in a formal manner depending on the number of students per faculty member, the available specialization among the faculty supervisors and the research area/ interest of the student as mentioned by the student in the application form.
5.0 COURSE STRUCTURE 5.1 Credits System Credits will be assigned to the M. Tech (Research) Programme as follows. (See table 1)
Table 1 Semester Wise Credits System Semester I No of Credits Semester IV No of Credits a) *Credit Seminar (Synopsis) 4 16credits *Research Progress Seminar 8 credits credits 3- 8 Credits b) Research Methodology 4 credits c) Theory 1: 4 credits d) Theory 2:4 Credits
Semester II No of Credits Semester V No of Credits a) *Research Progress Seminar 1- 4 credits *Pre-synopsis Seminar on 4 credits 4 Credits the research work carried out by the candidate
Semester III No of Credits Semester VI No of Credits
8 credits Thesis Submission& Viva- 20 credits Voce *Research Progress Seminar 2- 8 Credits
NOTE: * One External Examiner or Experts will be invited from outside of the University/Institute.
5.2 COURSEWORK:
The theory coursework is compulsory for all M.Tech (Research) students. These courses will include internal assessment of (30% Weightage) in form of Assignments and end semester examinations (70% weightage).
5.3 The medium of instruction, examination, seminar and project reports will be English.
6.0 REGISTRATION
6.1 Every student after consulting the Guide is required to register for a seminar & the approved Theory Courses in respective Department at the commencement of 1st semester, and on the day fixed for such registration as notified. The registration can be done only after an oral presentation on the proposed area of research in front of a committee duly constituted by RC on the day fixed. The chosen guide should either be part of committee or be invitee member in the seminar.
6.2 Moreover, the students will have to register for each subsequent semester till submission of the dissertation/ Thesis. (Annexed- Registration Form)
6.3Normally the registration should be complete within 45 days from date of enrollment/admission. If the pre- synopsis seminar performance is unsatisfactory, he/she may be re-evaluated after a lapse of 15 days or more. If he/she cannot clear the seminar within 6 months from the date of admission, he will be required to leave the M.Tech (Research) programme. In special cases with mitigating circumstances, the Research Council can grant extra time.
6.4Students who do not register on the day announced for the purpose may be permitted late registration up to the notified day on payment of a prescribed late fee. The candidates name will be deleted from the university roll, if he/she is not getting registered within four week from the date of registration. . 6.5The procedure for registration for M. Tech (Research) shall be as follows: a) The candidate shall obtain M. Tech (Research) Registration Forms (MRF) for registration after payment of the prescribed fees. b) The entire M. Tech (Research) programme of the candidate shall be finalized by the respective department in accordance with Clause – 5. c) The M. Tech (Research) programme will include the Theory courses, Credit Seminar, Research Progress Seminars to be registered and delivered by the student and finally the dissertation/ Thesis in the last semester. The Candidate shall fill in the MRF for Registration in consultation with the Guide(s) and submit them to the RC. d) The RC or any other committee constituted by the RC shall approve the M. Tech (Research) programmes of all candidates after due scrutiny.
7.0 PLACE OF RESEARCH WORK
a. Internal Candidate: The University should allot the place of research for internal candidate. The research work can be conducted in any of the departments of the University. The research centre can be considered as place of research for the internal candidate. b. External Candidate: University will leave to choose the place of research for external candidate provided he/she should have one co-supervisor in a relevant branch from their side is mandatory as well as candidate should produce information regarding Institute/University where he/she wants to do research. After getting the consent, parent University where candidate has enrolled will provide No Objection Certificate to the external candidate for doing the research.
8.0 COURSE CREDIT REQUIREMENTS
Total 60 credits are required for M. Tech (Research) Programme as per Clause – 5.
8. GRADING SYSTEM:
8.1 The following grading system will be followed (See Table 2) Table 2 Grades and Grade Points Letter Grade Grade Point
O (Outstanding) 10 (90 &above)
A+ (Excellent) 9 (80-89)
A (Very Good) 8 (70-75)
B+ (Good) 7 (60-69)
B (Above Average) 6 (50-59)
C (Average) 5 (40-45)
P (Pass) 4 (35-39)
F (Fail) 0 (<35)
AB (Absent) Absent
8.2 Communications of Grades
The panel of examiners of each student (Clause – 5) shall submit two copies of letter grades to the Head of the Department to which the subject belongs, by the due date as specified in the Academic Calendar. The Head of the Department will forward all grades to the Examination Section by the due date specified in the Academic Calendar.
8.3 Any change of grade of a student in the examination, consequent upon detection of any genuine error or omission on part of the concerned examiner(s), must be sent by the concerned examiner(s) through the concerned H.O.D. within 1 week of publication of End – semester results.
8.4 Credit/ Research Progress Seminar
The student will submit two copies of credit seminar report to the Guide(s) at any time in the semester in which he/she registered. The student shall make oral presentation on his/her seminar topic as per time schedule decided by the Guide(s). The seminar will be assessed, during his presentation, by the committee enumerated in Clause-5. The credit/Research Progress Seminar assessment will be initially made in terms of marks with 40 percent weightage on the credit seminar report evaluated by the Guide. The oral presentation and the response of the student in the discussion will be given 60 percent weightage which will be awarded by the examiners & chairman of the Committee constituted by the RC. On completion of assessment, compilation of the marks given on the report and the presentation, the chairman will convert the marks into grades and forward the same to the Examination Section. If a student does not submit the credit Seminar report/Research Progress Seminar report and/or present the Seminar on the scheduled date, ‘F’ Grade will be awarded unless the RC extends the date in exceptional circumstances.
8.5 Evaluation of Performance
The performance of a student is evaluated in terms of two indices viz. Grade Point Average (SGPA) and Cumulative Grade Point Average (CGPA). The SGPA is calculated on the basis of the grades obtained in all courses taken for a semester:
SGPA = Σ Course credits X Grade point scored ———————————————— Σ (Course credits taken during the semester)
C.G.P.A. = Σ Cumulative Points scored in Passed courses
—————————————————— Σ Cumulative Credits taken during the course
9.0 ASSESSMENT OF M. Tech (Research) WORK PERFORMANCE
9.1 There will be assessment of a student’s performance throughout the semester and Grades will be awarded by the Guide concerned or the appropriate committee appointed for the purpose as mentioned in Clause -5.
9.2 The minimum CGPA for Course Work and Seminar is 6.0 to be eligible to continue the M. Tech (Research) Programme and thereafter the confirmation of Registration shall be done.
10. Dissertation/ Thesis Evaluation:
10.1. The RC in consultation with the supervisor(s) shall recommend a panel of 2 External Examiners (all from Indian). The thesis shall be evaluated by one expert other than the supervisor. External Examiners may be from same state or outside of the state.
10.2 The RC should send the panel of examiners to the Controller of Examination through Dean Research/Academic/HOD in closed confidential cover at least one week before the date of submission of thesis by the Research Scholar.
10.3. The list of examiners will be placed to the Vice-Chancellor to select the External Examiners in order of preference. The Vice Chancellor, may ask the RC to change the examiner list if required. The Supervisor(s) will also serve as Examiners in addition to the one External Examiners.
10.4 The Controller of Examination will send a formal letter (e-mail also) to the examiners along with the copy of the synopsis for acceptance of examiner ship. After receiving the consent the thesis will be mailed along with Performa of examiners report. In case of refusal, the second examiner in order, as chosen by the Vice Chancellor will be contacted and so on. If in this process the list is exhausted the Controller of Examinations through Dean Research/Academic/HOD, may ask RC to submit another list. The Internal Examiners (Supervisors) will also be sent copies of the thesis along with the Performa of examiners report.
10.5 The reports of the examiners shall be placed before the Vice-Chancellor through the Dean, Research/Academic/HOD. After obtaining Vice-Chancellor’s approval the reports shall be forwarded to the RC. There may be three possible situations arising out of the nature of the report. The steps to be taken, appropriate to the circumstances are given below.
(i) The examiners are unanimous in recommending the award of the degree without any modification of the thesis. This is a clear case for the final requirement of viva-voce. (ii) If the external examiners has suggested minor modifications and / or has asked for clarification. The candidate in that case shall make modification and provide the clarifications as suggested within a time to be fixed by the RC. (iii) If the external examiners does not recommend the award of the degree and reject the thesis then the RC in such a case shall recommend to the vice Chancellor for the appointment of another external examiner and send the thesis to him/her in its original form. The recommendation of this second external examiner at this stage shall be taken as final.
11.0 UNIVERSITY EXAMINATIONS:
11.1 The Controller of Examination of the University will centrally conduct the Mid-Semester and the End-Semester examinations in respect of the theory components of the subjects unless otherwise permitted. 11.2 A student will be issued with an Admit Card for appearing at an examination, only if he/she has: a) Required attendance in the theory and laboratory classes and has completed the assignment works given. b) Paid all University and Hostel dues of the semester. c) Not been debarred from appearing at the examination as a result of disciplinary proceedings.
11.3 If a student misses the end semester examination due to a compelling reason like serious illness of himself/ herself, calamity in the family, he/she may appeal to the Dean (PG), through his/her Head of the Department for permitting himself /herself to appear at the next end term examination(s)or supplementary examination as decided by Academic Council as case may apply.
11.4 Students will be permitted to appear at the examinations in only those subjects for which they have registered at the beginning of the semester and have not been debarred.
12.0 WITHDRAWAL FROM THE UNIVERSITY:
20.1 A student who has been admitted to a postgraduate degree course of the University may be permitted to withdraw temporarily for a period of one semester or more from the programme on grounds of prolonged illness or acute problem in the family which compelled him to stay at home, provided:
a) He/ She applies to the Director/ Dean within 15 days of the commencement of the semester or from the date he/she last attended his/her classes whichever is later, stating fully the reasons for such withdrawal together with supporting documents and endorsement of the father/ guardian. b) There is no an outstanding due or demands from him/her by the University/Hostel/ Department/Library. 13.0 M. TECH (R) REQUIREMENTS & CONVOCATION
A student shall be declared eligible for award of M. Tech (Research) Degree if he / she has: Completed all the Course Work and Seminar requirement for the degree with grade ‘P’ or higher grade in each of the subjects, seminars and dissertation. Obtained the minimum CGPA requirement of 6.0 at the end of Course Work and Seminars. M. Tech (Research) work has been carried out within / outside the university under the guidance of Guide(s) for at least two years in case of full time and three years in case of part time (before pre-synopsis) after the date of registration. The above period includes Course work and seminars.
The candidate’s one paper has been accepted or published in refereed National or International journal of repute. The dissertation/Thesis submitted by the candidate has been recommended for the award of the M. Tech (Research) degree by one external referee and the guide(s) and by the Board of Examiner (BOE) constituted for the viva-voce examination.
Defended the M. Tech (Research) work at an open viva-voce examination conducted by the BOE.
14.0 CONVOCATION
The Annual Convocation shall be conducted usually in the month of July/August. The M. Tech (Research) Degrees will be awarded in person for the students who have graduated during the current academic year. The Degrees will be awarded in absentia to such students who are unable to attend the Convocation. The students are required to apply separately for the Convocation along with the prescribed fee.
झारखण्ड राय विश्िवि饍यालय, रा車ची
1. शोध निर्देशावाली
a. शोधकृ ति सफ़े द बा車ड पेपर पर ए-4 आयिन पर ट車ककि होनी चाहहए | पष्ृ ठ के बाए車 िरफ 3.5 सेन्टीमीटर और दाहहने िरफ 2.0 सेन्टीमीटर, उपरी भाग पर 3.0 सेन्टीमीटर और तनचले भाग पर मार्जिन(सफ़ेद) छोड़ देना चाहहए | मध्य भाग मᴂ शोध सीधे िर्णⴂ मᴂ जैसे क, का, ग ट車ककि होना चाहहए | तिरछे िर्णि –क,
का, ग मᴂ ट車ककि नही車 होना चाहहए | एक प車र्ति छपने के डबल स्पेस छोड़कर पुनः प車र्ति ट車ककि होगी | शोध कृ ति सिति न륍न 150 पष्ृ ठⴂ और अधधकिम 350 पष्ृ ठⴂ की होनी चाहहए | b. शोध की पा車च प्रतिया更 विश्िवि饍यालय मᴂ जमा कर देनी होगी |
c. पष्ृ ठⴂ पर 1 – 2 – 3 क्रम से प्रचललि स車ख्याए車 ट車ककि होनी चाहहए | d. शोध कृ ति पी0 डी0 एफ0 फ़ॉरमेट मᴂ सॉफ्ट कॉपी की दो प्रतिया更 ट車ककि शोध के साथ स車लग्न कर देना होगा |
e. ब車धी शोध कृ ति के मुख पष्ृ ठ पर शोध शीर्कि , विश्िवि饍यालय का नाम, डडग्री का नाम (पी0 एच0 डी0) शोधाथी का नाम, शोध स्थल का नाम, जमा देने की िारीख, िर्ि ट車ककि होना चाहहए|
f. पुस्िक पररचय और सन्दभ ि ग्र車थⴂ की सूची ट車ककि शोधकृ ति के अ車तिम पष्ृ ठⴂ के साथ स車ल車ग्न होना चाहहए | पुस्िक पररचय मᴂ लेखक का नाम, कृ ति का नाम, प्रकाशन का नाम और स車स्करर्ण िर् ि प्रदशिन करना होगा | स्थानीय, राष्रीय और अ車िरािष्रीय पत्रिकाओ車 मᴂ प्रकालशि शोध लेखⴂ का वििरर्ण और पष्ृ ठ स車ख्या देना अतनिायि है |
g. शोधाथी 饍िारा ललखखि और प्रकालशि शोध लेखⴂ की एक प्रति शोध कृ ति के अ車ि मᴂ जोड़ देना आिश्यक है | h. शोध प्रब車ध अ車ग्रेजी/हह車दी भार्ा ललखा होना चाहहए | विज्ञान, इ車जीतनयरर車ग, टेतनोलॉजी को अ車ग्रेजी भार्ा मᴂ अग्रिा दी जाएगी |
i. पष्ृ ठ वििरर्ण i. अध्यायⴂ से पूि ि पष्ृ ठ स車ख्याए車 रोमन स車ख्याओ車 मᴂ ललखी होनी चाहहए – जैसे I, II, III, IVइत्याहद | शोध शीर्िक की कोई स車ख्या नही車 होनी चाहहए |
ii. शीर्िक के प्रथम अध्याय से ट車ककि पष्ृ ठⴂ की स車ख्या देनी चाहहए- जैसे 1, 2, 3 इत्याहद | ये स車ख्याए車 क्रम से ललखी जानी चाहहए |
iii. सभी पष्ृ ठⴂ को उपरी भाग मᴂ दाहहने कोने पर 12 लमलीमीटर छोड़कर ललखना है | पष्ृ ठ स車ख्या के बाद कॉमा नही車 लगना चाहहए | j. पररगर्णना, धचि और समीकरर्ण-
i. आिश्यकिा अनुसार पररगर्णना (स車शोधधि वििरर्ण) वििरर्ण धचि (चाटि, ग्राफ, मानधचि, प्रमाखर्णि, रेखा) को प्रस車ग अनुसार – विर्य स車ल車ग्न – बा車ड पेपर पर देना होगा | ii. पररगर्णना धचि वििरर्ण को शोधशीर्िक के साथ प्रचललि स車ख्या मᴂ ललखना होगा-जैसे पररगर्णना – 17, धचि – 24 वििरर्ण (33, अथिा पररगर्णना – 5.3, धचि - 3.11, वििरर्ण 4.16 इत्याहद | झारखण्ड राय विश्िवि饍यालय, रा車ची
iii. यहद पररगर्णना और वििरर्ण आधे पन्ने या उससे कम हो िो र्जस प車र्ति पर विर्य ट車ककि है उसी पर छाप सकिे हℂ , पर ध्यान रखना होगा की इसके चारⴂ िरफ िीन प車र्तियⴂ की खाली जगह छोड़नी होगी |
iv. ककसी अ楍छे सॉफ्टिेयर के माध्यम से धचिा車कन और वििरर्ण टु कडो मᴂ न देकर एक धचि मᴂ देना होगा, धचि ऐसा हो र्जसे नापा जा सके |
v. अ車ककि धचि और खखच車 े हुए धचि को 200 डी0 पी0 आई0 मᴂ 256 एकल 셂प मᴂ और र車गीन धचि 24 एकल 셂प मᴂ होना चाहहए | 2. शोध संगठि शोध तन륍न 셂प मᴂ स車गहठि करना चाहहए –
i. शीर्कि पष्ृ ठ ii. शोध सारा車श को ट車ककि करके बा更ध कर प्रस्िुि करना पड़गे ा | iii. शोधाथी को शोध विर्य पर एक घोर्र्णा पि जमा देना होगा | iv. शोध तनदेशक को विशेर् 셂प से छपे आकार मᴂ शोध काय ि का प्रमार्ण पि जमा देना होगा|
v. भूलमका लेखन vi. ललखखि 셂प मᴂ आभार प्रदशिन करना होगा |
vii. विर्यसूची ललखना होगा | viii. पररगर्णना, धचि और समीकरर्ण और उनके विस्िार की सूची देनी होगी | 3. शीर्कष पष्ृ ठ शोध कृ ति का शीर्कि देना अतनिाय ि है | शीर्कि पष्ृ ठ पर तन륍न वििरर्ण हⴂगे:- i. शीर्कि मुख पष्ृ ठ के ऊपर मध्य भाग मᴂ ट車ककि होना चाहहए | ii. उसके बाद डडग्री विर्य ट車ककि ककया जायेगा – जैसे“झारखण्ड राय विश्िवि饍यालय से पी0 एच0
डी0 डडग्री प्राप्ि हेिु प्रस्िुि शोध” <विर्य> iii. तनदेशक का पूरा नाम iv. शोधाथी का पूरा नाम / विभाग/ कᴂ द्र/ प्रयोगशालाका नाम ललखना होगा | v. झारखण्ड राय विश्िवि饍यालय का लोगो (प्रिीक) धचन्ह छापना होगा | vi. महीना और िर्ि 4. शोध ववर्य
शोध कृ ति तन륍नललखखि त्रबन्दओु 車 को ध्यान मᴂ रखि े हुए प्रस्िुि की जानी चाहहए – i. भूलमका – शोध पररचय ii. पाश्िभि ूलम/साहहत्य समीक्षा iii. पद्धति(प्रयोग परक / विर्य विश्लेर्र्ण और िथ्य इत्याहद) iv. पररर्णाम और समीक्षा झारखण्ड राय विश्िवि饍यालय, रा車ची
v. विर्यकीसीमाए車 और भविष्य के ललए महत्ि
vi. पुस्िक पररचय और सन्दभ ि ग्रन्थ vii. विलशष्ट 5. साहि配यसꅍर्दर्ष उ쥍लेख –
प्रत्येक अध्याय के अ車तिम पष्ृ ठ के साथ सन्दभ ि 셂प मᴂ ग्रहर्ण ककये गए उदाहरर्णⴂ की पष्ृ ठ स車ख्या उ쥍लेख करना आतनिाय ि है | शोध कृ ति के अ車ि मᴂ र्जन पुस्िकⴂ से उद्धरर्ण ललए गए हℂ, उन्हᴂ िर्णि क्रम से प्रदलशिि करना अतनिायि है | सꅍर्दर्ष नियम :- i. सन्दभि ग्र車थⴂ का पररचय-तन륍न 셂प होना चाहहए –
लेखक, शीर्कि , पत्रिका का नाम, ग्र車थािली स車ख्या पष्ृ ठ और प्रकाशन िर् ि ii. अगर कोई उदहारर्ण – ककसी स륍पाहदि ग्रन्थ से ललया गया है – पुस्िक का नाम, स륍पादक का नाम, प्रकाशक का नाम, पष्ृ ठ स車ख्या, लेख शीर्कि ; िर् ि कल्쥍पत उर्दािरण – (अ) पत्रिका – ‘एच. ई. एतसनर‘, कफर्जकल ए車ड केलमकल नेचर ऑफ़ लसलमटᴂड काबािइड, इन्टर नेशनल
मेटल – ररव्यु, 1979 बी, पेज 149-173 (ि) मीरा प्रसाद – त्रिलोचना के काव्य मᴂ स車िेदना- “राजभरभाख車ड”, जबलपुर, विलासपुर, िर् ि 2013, पष्ृ ठ10 |
ववचारगोष्ठीका लेख – (i) एच. एफ. कफशमीचर“डेिलपमᴂट ए車ड प्रेजᴂट स्टेट्स ऑफ़ साइ車स ए車ड टेतनोलॉजी ऑफ़ हाईमैटेररय쥍स, साइ車स ऑफ़ हाई मैटेररय쥍स, आर. के. विश्िनाधाम, डी. जे.रोर्तलफए車डजे.
गरलℂड (एडी) प्लेनम प्रेस, नयूयौकि , एन. आई. यु. एस. ए. िर्1ि 982, पष्ृ ठ1-45. (ii) प्रोफे सर डॉ. 셂पा गुप्िा “आगरे का आलशक-ओ-फकीर अकबराबादी, ‘स車िेद’ स륍पादक- ककसन कालजयी, नयी हद쥍ली – 6, आई. एस. एन. 22313885, िर्ि 2014
पुस्तक – आर. एस. जमिन- पाउडर इ車जेतशन मोर्쥍ड車ग-मेटल पाउडर इ車डस्री फेडरेशन, वप्रतनसेटन,
एन. जे., युएस. ए., प्रकाशन 1990 शोध ग्रꅍथ
(i) जे. एल. जॉनसन“डन्े सी कफके शन माइक्रो स्रतचरल एिो쥍यूशन ए車ड थरमल प्रॉपटी ऑफ़ ललर्तिड फेस लसन्िेडि क륍पोजीशन” पी0 एच0 डी0 शोध, पेर्न्स쥍िेतनया स्टेट यूतनिलसटि ी, यूतनिलसटि ी पाकि पी. ए. यु. एस. ए. 1994 (ii) प्रोफेसर डॉ दामोदर लमश्र – आधुतनक हहद車 ी और उडड़या प्रगतििादी काव्य – शोधपी0 एच0 डी0, विश्ि भारिी, प्रकाशन भार्ा साहहत्य स車स्था, इलाहाबाद 2007 झारखण्ड राय विश्िवि饍यालय, रा車ची
तकिीकी ररपोर्ष: - उर्दािरण-
इ. जी. ज़ुकास, पी. एस. ज़ेड. रोज़ेस,ि ए車डआर. एस. रोज़ेस,ि “एतसपेररमᴂटलएविडᴂसफॉरस्फे रोइडग्रोथमेचातनस्륍स इन ललर्तिड फे जलसट車 रिडर ट車गस्टन
बेस्डक車पोर्जट्स,” इन्फामडि ररपोटि: लोस एलामोस साइ車हटकफकलेबोरेटरी, यु.एस.ए. 1976, पेज-1-35 पेर्ᴂर् – उर्दिारण-
िी. ओएर्न्नन्गए車डआई.एस.आर. तलाकि , यु.एस. पेटᴂटन車0-4988386, 1991 पररशशष्र् –
सहायक िथ्य, विर्य उत्स, युर्ति विस्ििृ होने के कारर्ण जो शोध विर्य मᴂ नही車 हदए जा सके हℂ, र्जनका महत्ि शोध विर्य मᴂ हℂ-उन्हᴂ पररलशष्ट मᴂ छपिा देना चाहहए – नामकरर्ण करके पररलशष्ट – अ एि車 आ दे देना चाहहए |
Specimen – 1
झारखण्ड राय विश्िवि饍यालय, रा車ची
सेिा स車गठनⴂ मᴂ व्यापार मू쥍यⴂ पर ई- कॉमसि का प्रभाि
थीलसस के ललए प्रस्िुि
झारख車ड राय विश्िवि饍यालय
की डडग्री के परु स्कार के ललए
डॉतटर ऑफ कफलॉसफी मᴂ < विर्य >
इनकी देखरेख मᴂ
शोध पयषवेक्षक शोध पयषवेक्षक
<िाम> <िाम>
饍िारा प्रस्िुि <िाम>
JHARKHAND RAI UNIVERSITY JULY, 2015
Specimen – 2 झारखण्ड राय विश्िवि饍यालय, रा車ची
CERTIFICATE – I
यह है कक शोध के हकदार " प्रमाखर्णि करने के ललए है ...... डॉतटर ऑफ कफलॉसफी की डडग्री के ललए आिश्यकिाओ車 की आ車लशक पूति ि मᴂ प्रस्िुि एक िास्िविक और प्रामाखर्णक शोध कायि मेरे पयििेक्षर्ण और शोध का कोई हहस्सा िहि Mr./Ms ...... 饍िारा ककया जािा है ककसी भी अन्य की डडग्री के ललए प्रस्िुि ककया गया है । सभी सहायिा और मदद के इस अनुस車धान कायि के पाठ्यक्रम के दौरान स्िीकार ककया गया है प्राप्ि ककया।
शोध पयििेक्षक के हस्िाक्षर
झारखण्ड राय विश्िवि饍यालय, रा車ची महीना, साल
Reqfrqrm q No.F. r-r8/zoro(CPP-[) rst Septembetr zoaT PUBLICNOTICE University Grants Commission had constituted a Committee of experts to look into issues of Plagiarism and recommend some institutional mechanism to eliminate the scope of this menace in higher education system in the country. The objective of the regulations is to promote academic research and deterrence from plagiarism by developing systems to detect plagiarism. As a result, the Committee emphasized on the needs to refer plagiarism in a broader way by putting appropriate systems and checks in place. The draft University Grants Commission (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Education Institutions) Regulations, zorT prepared by the Committee is attached herewith for observations and suggestions of stakeholders. The Feedback and comments on the above draft may be sent to UGC on [email protected] on or before 3oth Septembet,2077. )r^-. ' (P.K. Thakur) Secretary ,benrT- 1 [To be published in the Gazette of lndia, Part III, Section 4 (Extraordinary)] (UNIVERSITY GRANTS COMMISSION) TJNN'ERSITY GRANTS COMMISSION (PROMOTION OF ACADEMIC INTEGRITYAND PREVENTION OF PI.AGIARISM IN HIGHER EDUCATION INSTITUTIONS) REGULATIONS - 2or7 NOTIFICATION Preamble Whereas, University Grants Commission (UGC), as per UGC Act, 1956, is mandated to coordinate and determine the standards of higher education; And whereas, assessment of academic and research work done by a studcnt or a faculty or a researcher or a staff, in the form of essays, assignments, term papers, project reports, coursework, thcsis and dissertation leading to the award of degrees, research papers, policy papers, chapters in books, full-fledged books and any other work including computer programs is instrumental in identifying and certiffing the academic standards accomplished by such student(s) or faculty or researcher(s) or staff and projecting them far and wide as an objective and impartial indicator of the pcrformance of individual(s); And whereas. any academic and research work undertaken in any form by a student or a faculty or a researcher or a staff, reflects the extent to which elements of academic integrity, originality and innol-ation have been injected in various processes of education adopted by Higher Educational Institutions(HEI's) ; Tlrcrefore, in exercise of the powers conferred by clause 0) of Section rz read uith clauses (0 and (g) of sub-section (r) of Section z6 of the University Grants Commission Act, 1956, the University Grants Commission hereby makes the following regulations:- r.Short title, application and commencement - (a) These regulations shall be called the University Grants Commission (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions) Regulations, zor7. (b) They shall appll' to the students, researchers, faculty and staff of all Highcr Educational Institutions in the country. (c) Thesc regulations shall come into force from the date of their notification in the Official Gazette. z.Definitions - In these regulations, unless the context othenn'ise requires- a. "Academic Misconduct Panel" shall mean the body constituted to invcstigate allegations of plagiarism as described under clause tr in these regulations. b. "Academic Integrity" is the intellectual honesty in proposing, performing and 2 reporting any activity, which leads to the creation of intellectual property. "Author" includes a student or a faculty or a researcher or staff of Higher Educational Institution (HEI) n'ho claims to be the creator of the n'ork under consideration; d. "College" means any institution, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognized as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification; e. "Commission" means the University Grants Commission as defined in the University Grants Commission Act 1956; f. "Degree" means any such degree, as may, with the pre'ious approval ofthe Central Government, be specified in this behalf by the University Grants Commission, by notification in the official Gazette, under section zz of the university Grants Commission Act, 1956; "Faculty" refers to a person who is teaching and / or guiding students enrolled in an Institution of Higher Education in any capacity whatsoever i.e. regular, ad-hoc, guest, temporary, visiting etc; h. "Higher Educational Institution (HEI)" means an institution of Iearning including a university, an institution deemed to be university, a college, an institution of national importance declared as such by an Act of Parliament, or a constituent unit of such institution, which is imparting (whether through conduct of regular classes or distance education systems) higher education after twelve years of schooling Ieading to the award of a degree or diploma; l. "Information" includes data, message, text, images, sound, voice, codes, compurer programs, software and databases or micro film or computer generated micro fiche; "Notification" means a notification published in the Official Gazette and the expression "notify" with its cognate meanings and grammatical variation shall be construed accordingly; 't, "Plagiarism" means an act of academic dishonesty and a breach of ethics. It involves using someone else's work as one's own. It also includes data plagiarism and self- plagiarism; "Programme" means a course or programme of study leading to the award of a degree or a diploma in Institution of Higher Education; m. "Researcher" refers to a person conducting academic / scientific research in Institution of Higher Education. n. "Script" includes research paper, thesis, study, project report, assignment, dissertation and any other such work submitted for assessment / opinion leading to 3 the award of degree or publication in print or electronic media by students or faculty or staff of an Institution of Higher Education; Note: This shall however exclude answer scripts submitted in response to a question paper set by a HEI. o. "Source" means the published primary and secondary material from anl' source whatsoever and includes written information and opinions gained dircctly from other people, including eminent scholars, public figurcs and practitioners in any form whatsoer,er as also data and information in the electronic form be it audio, video, imagc or texq Information being given the same meaning as defined under Section z (r) (v) of the Information Technology Act, zooo and reproduced here in Regulation z (l). p. "Staff'refers to all non-teaching staffworking in Institution of Highcr Education in any capacity whatsoever i.c. regular, temporary, contractual, outsourced etc. q. "Student" means a pcrson duly admitted and pursuing a programme of study including a research programme in full time or part-time or distant mode; r. "University" means a univcrsity established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes an institution dcemed to be universi$; s. "Year" means the academic session in which a proven offence has been committed. Words and cxpressions used and not defined in these regulations but defincd in the University Grants Commission Act, 1956 shall have the meanings respectively assigned to them in UGC Act, 1956. 3. Objectives 3.r To create academic awareness about responsible conduct of research, study, project rn'ork, assignment, thesis, dissertation, promotion of academic integrity- and prevcntion of misconduct including plagiarism in academic writing among students, researchers, faculg- and other members of academic staff as r,r'ell as any employee of HEIs. 3.2 To establish institutional mechanism through education and training to facilitate responsible conduct of research, study, project work, assignment, thesis, dissertation, promotion of academic integrity and deterrence from plagiarism. 3.3.To develop systems to detect plagiarism and to set up mechanisms to prevent plagiarism and punish a student, faculty, or staff of HEI committing the act of plagiarism. 4. Duties of HEI: Every HEI should establish the mechanism as prescribed in these regulations to enhance a\{areness about responsible conduct of research and academic activities, promotion of intcgrity and deterrence from plagiarism. 4 S. Awareness Programmes and Trainings: (a) Every HEI shall instruct students, faculty and staffabout proper attribution, seeking permission of the author wherever necessary, acknowledgement of source compatible with the needs and specificities of disciplines and in accordance with rules and regulations governing the source. (b) AIl HEIs shall conduct sensitization seminars/ awareness programmes every semester on responsible conduct of research, project work, assignment, thesis, dissertation, promotion of academic integrity and ethics in education for students, faculw and other members of academic staff. (c) All HEIs shall i. Include the cardinal principles of academic integrity in the curricula of Undergraduate (UG)/Postgraduate (PG)/Master's degree as a compulsory course work. ii. Includc elements of responsible conduct of research and publication ethics as a compulsory course work for M.Phil. and Ph.D. Scholars. iii. Include elements of responsible conduct of research and publication ethics in Orientation and Refresher Courses organized for faculty and other members of academic staff. ir'. Shall train student, faculty, staff and researcher for using plagiarism detection tools and reference management tools. v. Shall establish facility equipped with modern technologies for detection of plagia rism. vi. Shall encourage student, faculty, staff and researcher to register on international researcher's Registry systems. 6. Curbing Plagiarism a) Every HEI shall declare and implement the technology based mechanism using appropriate software so as to ensure that documents such as thesis, dissertation, term papers, reports, publications or any other such documents are free of plagiarism at the time of their submission. b) Every student submitting a thesis, dissertation, term papers, reports or any other such documents to the HEI shall submit an undertaking indicating that the document has been prepared by him or her and that the document is his/her original work and free of any plagiarism. c) Every faculfy-, researcher and M.Phil/Ph.D students should be provided account in plagiarism detection tools for checking the content of their scripts . d) The undertaking shall include the fact that the document has been duly chccked through a Plagiarism detection tool approved by the HEI. tr e) The HEI shall develop a policy on plagiarism and get it approved by the relevant statutory bodies ofthe University. 0 Each superv'isor shall submit a certificate indicating that thc n'ork done by the researcher under him / her is plagiarism free. g) All HEIs shall submit to INFLIBNET soft copies of all M.Phil., Ph.D. dissertations and theses carried out in its various departments after the award of degrees for hosting in the digital repository under the "Shodh Ganga e-repository" programme. h) All HEIs shall create Institutional Repository on institute u'ebsite which shall include dissertation / thesis / paper / publication and other in-house publications. 7. Similarity checks for exclusion from Plagiarism The similarity chccks for plagiarism shall exclude the following: i. All quoted work either falling under public domain or reproduced n'ith all nccessary permission and/or attribution. ii. All references, bibliography, table of content, preface and acknowledgements. iii. All small similaritics of minor nature. iv. AII generic tcrms, larn's, standard symbols and standards equations. 8. Zero Tolerance Policv in core area: The core nork carricd out by the student, faculty, staff and researcher shall be based on original ideas and shall be covered by Zero Tolerance Policy on Plagiarism. In case Plagiarism is established in the core work claimed then Plagiarism Disciplinary Authority (PDA) of the HEI shall impose maximum penalty. The core work shall include abstract, summary, hlpothesis, observations, results, conclusions and recommendations. 9. Levels of Plagiarism in non-core areas For all other (non-corc)cases, plagiarism would be quantified into follou'ing levels in asccnding order of severity for the purpose of its definition: i. Similarities upto ro% .- excluded ll. Lerel r: Similarities abole ro% to 4oy" lll. Level z: Similarities above 4oo/o Io 6o0/o iv. Level 3: Similarities above 600/" 1o. Detection/Reporting/Handling of Plagiarism If any mcmber of the academic community suspects with appropriate proof that a case of plagiarism has happened in any document, he or shc shall report it to the competent/designated authority of the university. Upon receipt of such a complaint or allegation the universiry authority shall refer the case to the Academic Misconduct Panel (AMP) of the HEI rvho in turn shall submit a report to the Plagiarism Disciplinary Authority 6 (PDA). The authorities of HEI can also take su motu notice of an act of plagiarism and initiate proceedings under these regulations. Similarly proceedings can also be initiated by the HEI on the basis of findings of an examiner. rr. Academic Misconduct Panel (AMP) t AMP shall be constituted by the HEI to investigate about the allegation of plagiarism and submit the report to the PDA. u. The AMP shall have the power to assess the level of plagiarism and thus recommend penalty (ies) accordingly. 1lI. The AMP shall consist of four members who shall be senior academicians with good publication record with at least one mcmber nominated by the Head of HEI from outside the HEL The Chairman of the AMP shall be an academic functionary (Dean/Pro-VC/Senior Academician) of the HEI. The third mcmber shall be a reputed Academician from the Discipline in rvhich the plagiarism is alleged. The fourth member shall be an expert well versed with anti plagiarism tools. tv. The AMP shall follow the principles of natural justice while deciding about the allegation of plagiarism against the student, researcher, faculty member or any other employee of HEI. The AMP shall send the report after investigation and the recornmendation on penalties to be imposed to the PDA preferably within a period of 45 days from the date of complaint / initiation ofthe proceedings in case ofsu mofu notice. vi. The AMP shall pror.'ide a copy of the report to the person(s) against whom inquiry report is submitted. re. Plagiarism Disciplinary Authority (PDA): i. PDA shall be constituted by the HEI to consider the recommendation of the AMP and take appropriate decision after giving a hearing to the accused person. ii. There shall be three members in the PDA chaired by head of the HEI / The Head of the institution/ Appointing and Dismissal Authority. The other members shall be Dean / Director (Academic / Research) and one senior academician not below the rank of Professor in the relevant discipline from outside the HEI. iii. The decision ofthe PDA shall be final and bindine. 13. Penalties Penalties in the cases of plagiarism shall be imposed on students pursuing studies at the level of UG, PG, Masters, M. Phil., Ph.D. and faculty &staff of the HEI only after academic misconduct on the part of the offender has been established w'ithout doubt, n'hen all avenues of appeal have been exhausted and individual in question has been provided enough opportunity to defend himself or herself in a fair or transparent manner. While developing policy document, the HEI may consider penalties in the cases of plagiarism. It shall be ensured by the competent authority in the HEI that the degree of pcnalty served is commensurate with the degree of seriousness of offence and misconduct established. Since act Plagiarism Disciplinary Authority (PDA) of the HEI, based on recommendations of the Academic Misconduct Panel (AMP), shall impose penalty considering the severiq' of the Plagiarism. i. Level t: Similarities atrove roo/o to 4o% - Such student shall not be given any mark and/or credit for the plagiarized script and shall be asked to submit a revised script within a stipulated time period not exceeding 6 months. ii. Level z: Similarities above loo/o to 6o% - Such student shall not be given any mark and/or credit for the plagiarized script and shall be asked to submit a rer,ised script after a time period of one year but not exceeding eighteen months. iii. Level 3: Similarities above 6o% -Such student shall not be given any mark and/or credit for the plagiarized script and his/her registration for that course to be cancelled. Note r: Penalty on repeated plagiarism- Such student shall be punished for the plagiarism of one ler.el higher than the prcvious level committed by him/her. In case where plagiarism of highest lerel is committed then the punishment for thc same shall be operatire. Note z: Penalty in case where the degree/credit has already been obtained - If plagiarism is proved on a date later than the date of anard of degree or credit as the case may.be then his/her degree or credit shall be put in abcyance for a period decided by the AMP and PDA. (b) Penalties for faculty, staff, researcher of HEI (i) Level r: Similarities above reo/o to 4o% - Shall be asked to withdran' manuscript submitted for publication and shall not be allow-ed to publish any work for a minimum period of one year. (ii) Level z: Similarities above 4oo/o to 6o% - shall be askcd to u'ithdrau' manuscript submitted for publication and shall not be allowed to publish any rvork for a minimum period of t$'o )rears and shall be dcnied a right to one annual increment and shall not be allou'ed to be a supervisor to any UG, PG, Master's, M'Phil., Ph.D' student/scholar for a period of two years. (iii) Level 3: Similarities above 600/o - shall bc asked to rvithdraw manuscript submitted for publication and shall not be allowcd to publish any r,r'ork for a minimum I period ofthree years and shall be denied a right to two successive annual increments and shall not be allowed to be a supervisor to any UG, pG, Master's, M.phil., ph.D. student/scholar for a period ofthree years. Note r: Enhanced penalty on repeated plagiarism - shall be punished for the plagiarism of one level higher than the lower level committed by him/her. In case where plagiarism of highest level is committed then the punishment for the same shall be operative. In case level 3 offence is repeated then the concerned person shall be dismissed. Note z: Penalty in case where the benefit or credit has already been obtained - If plagiarism is proved on a date later than the date of benefit or credit obtained as the case may be then his/her benefit or credit shall be put in abeyance for a period decided by the AMP and PDA on recommendation of the AMP. Note 3: If there is any complaint of plagiarism against the Head of an HEI, a suitable action, in line with these regulations, will be taken by the Competent Authority/Governing Board/Governing Council as the title may be.