Haryana act 22 of 2012 : The Haryana Prohibition of Ragging in Educational Institution Act 2012

Department
  • Department of HIGHER EDUCATION
Enforcement Date

7 Nov 1992

2)7 Regd. No. CHD/0093120 I 2-2014

::;. , +L'

EXTRAORDINARY

o Govt. of Haryana Published by Authority

CHANDIGARH, FzuDAY, AUGUST 24,2012 (BHADRA 2, 1934 SAKA)

r{ARYANA VIDHAN SABHA SECREI'ARIAT

No. 22-HLA of zalils5.-The Haryana prohibirion of Ragging in Educationai Insriturion Bill, 2012, is hereby publishe.d tbr general information under proviso !o Rule l 28 o( the Rules of procedure and Conduct of Business inunder proviso !o Rule l 28 o( the Rules of procedure and Conduct of Business in the Haryana Legislative Assembly :-

Price: Rs. 5.00

The 24th August,20i2

(2e01)

of 2Al2 IN

to provide for prohibition of ragging in educational institutiorts in the state of Haryana and far matters connected rherewith or inciclental therero.

Be it enacted by the Legislature of the state of Haryana in the Sixty-third Year of the Republic of tndia as follows :

-1. This Act may be calred rhe Haryana prohibition of Ragging in Educational lnstitution Acr. ZAIZ,

2. In this Act, unless'the context otherwise requires,_ (a) "Act" means the Haryana prohibition of Ragging in Educational

Instirution Act, Z}LZ; (b) "committee" meaas an anti ragging committee constituted under

Section 5 of the Act;

Short title

Definitions.

Hamana'finmmmmt (litigate EXTRAORDINARY Published by Authority ©Govtiof Haryana , _ -, , CHANDIGARH, FRIDAY, AUGUST 24, 2012 (BHADRA 2, 1934 SAKA) HARYANA VIDHAN SABHA SECRETARIAT Notification . .The 24th August, 2012 No. 22—HLA of 2012/55.-—The Haryana Prohibition of Ragging in Educational Institution Bill, 2012, is hereby published for general information ' under provisoito Rule 128 of theRules. of Procedure and Conduct of Business in the Haryana Legislative Assembly :—_— BilINo. 22—HLA of 2012 THE HARYANA PROHIBITION OF RAGGING IN EDUCATIONAL INSTITUTION BILL, 2012 Q ' A BILL to provide for prohibition of ragging in educational institutions in the. State of Haryana and for matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Haryana in the Sixty-third Year of the Republic of India asifo’li‘ows : -‘-'- 1. This Act may be called‘the Haryana Prohibition of Ragging in Educational Institution,Act,;2012t- , ' t 2. In this Act,~un1ess§thc«context otherwise requires,— (a) “Act” means the Haryana Prohibition of Ragging in Educational Institution Aet,;2012;. - (b) r “committee”,means: an anti tagging committee constituted under Section 5 of the Act; ‘ f Price : Rs. 5.00 _ (2901) ”R. Short title Definitions.

q1 4-

(h)

(0

HARYANA GOVT. GAZ. (EX]RA.), A{.],1_j. 24,2012 (BHDR. 2, t934 SAKA)

(c) "educational instirution" means a school, college. university or an institution and its constituent unit and includes canteen, hostel or transport provided by schocll, college or universitv. whether within or outside the premises:

(d) "Government" means Governr..::.*t ol t*'.: State of Haryana; (e) "Head" means the Vice-Chanceilcr of the university, principal

of the College or Principalllleadmaster of the School, as the case may bc, head of an institution or Director of an educational institution, by whatever name called;

(0 "institution" means technical and professional educational institution and includes institution imparting education and research facilities set up by an Act of Parliament or State;

(g) "ragging" means doing an act which causes or is likely to cause insult or annoyance or fear or apprehension or threat of intimidation or outrage of the modesty or injury to a student and includes the following acts, namely:-- (i) abetment ro ragging; (ii) criminal conspiracy to ragging; (iii) unlawful assembly and rioting while ragging: (iv) public nuisance created during ragging; (v) verbal abuse and aggression, indecent gestures and obscene

(xii) extortion; (xiii) trespass; (xiv) offence against property; (xv) criminal intimidation; (xvi) physical or psychological humiliation; ' ,

,

(xvii) defamation or throat to defame; (xviii) any type of abuse through electronic media; (xix) threat to commit any or atl of the above mentioned

offences; -

"State" means the State of Haryana; "stud€nt" means any person pursuing education in an educational institution.

2902 HARYANA GOVT. GAZ. (EXTRA), AUG, 24, 2012 (BHDR. 2, 1934 SAKA) (C) (d) (e) (f) (g) (h) (i) ., includes the following acts namely: — r” ‘ t’“ - “educational institution” means a school, college. university or an institution and its constituent unit and includes canteen, hostel or transport provided by school, college or university, whether within or outside the premises; “Government” means Goverméztésit 0% he State of Haryana; “Head” means the Vice-Chancellor of the university, Principal of the College or Principal/Headmaster of the School, as the case may be, head of an institution or Director of an educational institution, by whatever name called; “institution" means technical and professional educational institution and includes institution imparting education and research facilities set up by an Act of Parliament or State; “ragging” means doing an act‘which’ causes or is likely to cause insult .or annoyance or fear or apprehension or threat of intimidation or outrage of the modesty or injury to a student and § . (i) abetment to ragging; (ii) criminal conspiracy to tagging; (iii) unlawful assembly and rioting while ragging; (iv) public nuisance created during tagging; (v‘) verbal abuse and aggression, indecent gestures and obscene I behaviour. » (vi) outraging the modesty; ;, (vii) injury to body, causing liurt or grievous hurt; (viii) wrongful restraint; ‘ (ix) wrongful confinement; (x); use of cr1m1nal fore , ”_ (xi) assault as weil as sexual offence; (xii) extortion; (itiii) trespass; (xiv) offence againSt property; (xv) criminal intimidation; , é (xvi) physical or psychological humiliation; “he: (xvii) defamation or threat .tozdefamet 1 iii; , (xviii) any type of abuse through electronic media: (xix) threat to commit any oraallt'ofz‘the above mentioned offences; A- . “State” means the State of Iibryana; “student" means any person pursuing education in an educational institution.

IJARYANA GOVT, GAZ. (BrrDR. 2,

9> s .4 ,/

(EXTRA.), AUG. 24,2012 1934 SAKA)

3. (l) There shall be a complete prohibition of ragging of a student in Prohitriiion of all the educational institutions, in any form and nature. raggrng'

(2) No educational institution shall perrnit or condone any incident of ragging in any form and shall take all necessary and required measures including but not iimited to the provisions of the Act to achieve the objective of eliminating ragging within the educational institution or outside.

(3) No student shall practise ragging in any form, within or outside the premises of an educational institution.

(4) All educational institutions shall take action in accordance with the Act against those found guilty of ragging.

4. The Head shall,- (i) be overall responsible to stop and preventr ragging and rake all

necessary preventive measures to prohibit ragging in educational institution and shall ensure that no person practise ragging in any form within or outside'the premises of an cducational institution and shall adopt required measures to achieve the object;

(ii) obtain an undertaking in writing from the student, in case he is eightcen or above or from his parents/guardian in case he is less than eighteen that he shall not attempt, atret or cornmit ragging inside or outside the educational institution at the time of admission;

(iii) give full publicity ro the provisions of the Act and about the members of the committee alongwith their mobile numbers etc. by pfaciqg thc same at prominent placeo as well as at notice board in thc educational institution and also make it a part of prosp€ctus and upload it on its website, if any;

(iv) give firll publiciy to the punistiments to be awarded for ragging ' through open circulars and suitable'posGrs in,the educational

institution; and . 1 r1.l

(v) notify any change in the con,stitution qf th€ committee immediately and shall take necessary action as pi:r clause (iii) above.

1.

5. (l) There shall be constituted with irnmediate effect one or more committee(s) in all educational institutions by the Hcailj$epenAing upon strength of Students, vastness of premises of the educational insitution rrd thl numb€iof departments etc.

of which at leastonqshall.be'a woman and senior most a-ongst itrem shatl be the Chairperson. The committee shall also consist of two representatives from amongst the parents gflhe,students including a woman to be npminated by the Head;

. : BrdV.ided,,that in case of ,an educational' institution,exclu si ve$' for boys or girls, all the members may be male or female, as the case may be.

Duties and responsibility of Head.

Constitution of committee.

275 HARYANA GOVT. GAZ. (EXTRA), AUG. M, 2012 ~ 2903 (BHDR. 2, 1934 SAKA) 3. (i) There shall be a complete prohibition of ragging of a student in all the educational institutions, in any form and nature. (2) No educational institution shall permit or condone any incident of ragging in any form and shall take all necessary and required measures including but not limited to the provisions of the Act to achieve the objective of eliminating ragging within the educational institution or outside. (3) No student shall practise ragging in any form within or outside the premises of an educational institution. (4) All educational institutions shall take action in accordance with the Act against those found guilty of ragging. 4. The Head shall,— (i) be overall responsible to stop and prevent ragging and take all necessary preventive measures to prohibit tagging in educational institution and shall ensure that no person practise ragging in any form within or outsidei’the premises of an educational institution and shall adopt required measures to achieve the object; (ii) obtain an undertaking in writing from the student in case he 15 eighteen or above or from his parents/guardian in case heis less than eighteen that he shall not attempt, abet or commit ragging inside or outside the educational institution at the time of admission; (iii) give full publicity to the provisions‘of theAct and about the members of the committee alongwith their mobile numbErs etc. by placing the same at prominent places as well as at notice board in the educational institution and also make it a part of prospectus and upload it on its website, if any; (iv) give full publicity to the punishments to be awarded for tagging through open circulars and suitable'posters in‘ ‘the educational institution; and (v) notify any change in the constitution of the committee immediately and shall take necessary action as pen clause (iii) above _ 5. (1) There shall be constituted with immediate effect one or more committee(s) in all educational institiitions by the Heaii Wading upon strength of students, vastness of premises of the educational institutim and the number of departments etc. ., (2) Earth '5 ishall consist of three senior gas lty members out of which at leas Erie, shall be;a woman and senior most amongst them shall be the Chairperson. The committee shall also consist. of two representatives from amongst; the parents of the students including a woman to be nominated by the Head: - vaided-that in case of an educational institution exclusively for boys or girls, all the members may be male or female, as the case may be. Prohibition of ragging. Duties and responsibility of Head. Constitution of committee.

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Powers and functions of committee.

Action to be taken by Head.

2944 HARYANA GOVT. GAZ. (BHDR. 2,

(EXTRA.). ALlij. 24, 2At2 i934 SAK,A)

(3) The parents of the students nominated in a committee shall trr:ld office for a maximum term of two acad€mic sesslons.

6. (1) The committee or any member thereof shall have power to inspect any class roorn, hostel room or any other enclosure where if apprehends that anv incident of ragging is being cr:mmitted or there is apprehension of the samel'o' ,, tr'

(2) The committee may take appropriare srcps and suggest such measures, as deemed necessary, to the Head.

(3) C)n receipt of an information by any member of the committee from the Head, a student, parents or any source in writing or through any electronic media that an act of ragging is being committed or there is apprehensian of the same, he shall intimate the same to thc Chairperson and nray conduct raid, if necessary, or take other appropriate steps to stop the act of ragging.

(4) The member or the committee may conduct on the spot inquiry observing a fair and transparent procedure and the principle of natural justice and shall give an adequate opportunity to the victim student, student accused of ragging, other witnesses and may also ask them to produce other docurnents or witnesses, if necessary, concerning the incident of ragging.

(5) The committee shatl submit the inquiry report ro the Head within seventy two hours of the incident for appropriate action under the Act:

Provided that in case an offence is comrnitted under the provisions of Indian Penal Code, 1 860 (45 of 1860) and is a cognrzable offence, rhe member shall immediately report the matter to the Head.

7. (1) On receipt of the information of ragging, the Head will drrect thc committee to make an inquiry and report.

{2} The Head shall exarnine the repor'( and if satisfied will take appropriate action as per the gravity of offence.

(3) On receipt of the report from the cornmittee, the Head shall immediately determine if a criminal offence is made out and if so, either on his own motion or through a member of the committee authorised by him, shall proceed to file First Information Report immediately:

Provided that the educational institution shall also continue with its own inquiry and other measures without waiting for action on the part of the police.

' (4)' IftheHeadisnotsatisfiel with'thereportmade bythe committee, he may himself, conduct an independent enquiry and pass any appropriate orders in writing, for reasons to be recorded therein. He may also decide to lodge First Information Report, if an offence is found to have been committed under the Indian Penal Code, 1860 (45 of 1860) and is a cognizable offence.

(it Powers and functions of committee. 'Action to be taken by Head. 2904 HARYANA GOVT. GAZ. (EXTRA.),»AUG. 24, 2012 (BHDR. 2, 1934 SAKA) (3) The parents of the students nominated in a committee shall hold office for a maximum term of two academic sessions. 6. (l) The committee or any member thereof shall have power to inspect ' any class room, hostel room or any other enclosure where it apprehends that any incident of ragging is being committed or there is apprehension of the same?" (2) The committee may take appropriate steps and suggest such measures, as deemed necessary, to the Head. (3) On receipt of an information by any member of the committee from the Head, 3 student, parents or any source in writing or through any electronic media that an act of ragging is being committed or there is apprehension of the same, he shall intimate the same to the Chairperson and may conduct raid, if necessary, or take other appropriate steps to stop the act of ragging. (4) The member or the committee may conduct on the spot inquiry observing a fair and transparent procedure and the principle of natural justice and shall give an adequate opportunity to the victim student, student accused of ragging, other witnesses and may also ask them to produce other documents or witnesses, if necessary, concerning the incident of tagging. (5) The‘fiommittee shall submit the inquiry report to the Head within severity two hours of the incident for appropriate action under the Act: Provided that in case an offence is committed under the provisions of Indian Penal Code, 1860 (45 of 1860) and is a cognizable offence, the member I shall immediately report the matter to the Head. 7. (1) On receiptof the information of ragging, the Head will direct the committee to "make an inquiry and report. .(2) The Head shall; examine the reportand if satisfied will take appropriate action asper the gravity of offence. k (3) On receipt of the report from the committee, the Head shall immediately determine if a criminal offence is made out and if so, either on his own motion or through a member of the committee authorised by him, shall proceed to file First Information Report immediately: xii ., ifii é , , .. H yaded that the educational institution shall also continue with its own inquiry and other measures without waiting for action on the part of the police. , ,. > (4) “if the Head is net Satisfied with the report made" 15y the committee, he may himselfflednduct an independent” enquiry and pass anyia’ppropriate oi‘ders‘ in writing, for reasons to be recorded therein. He may also decide to lodge First Information HEpo‘rt, if an offence is found to have been committed under the Indian Penal Code, 1860 (45 of 1860) and is a cognizable offence. 4%»

Av/ (EXTRA.), AUG. 24,2012 i934 SAKA)

a

ri':r. t b.

HARYANA GOW. GAZ. (BHDR.2,

8. (l) In a proven case of ragging, whether First Information Report has been lodged or not, the Head shall impose a punishment of suspension for at least a period of two semesters or one annual academic year, as the case may be, and may also impose any one or a combination of penalties as listed in clauses (i) to (x) of Sub-section (2) of this section.

{2) Depending upon the nature and gravity of the offence as reported by the committee, the Head may, in addition to any punishment mentioned under Sub-section (l) of this section, impose any one or combination of the following punishments upon the student(s) found guilty,-

(D withholding or withdrawing schoiarship or fellowship and other benefits;

(ii) forfeiting campus placement opportunities or recommbndations;

(iii) debaning from appearing in any test or examination or other evaluation process;

(iv) withholding of results; (v) debarring from representing the educational institution in

any regional, national or international meet, tournament, youth festival etc.;

(vi) suspension or expulsion from the hostel; (vii) cancellation of admission;

(viii) rustication from ttre educational institution for a period ranging upto three years;

(ix) expulsion from the educational institution and consequent .debarring frorn admission to any other educational institution for a period of three years;

(x) imposition of fine upto twenty five thousand rupees.

9. In case of any contravention of the provisions of the Act or direction or order made thereunder by an educational institution, the Head shall be punishable

with imprisonment for a term which may extend to six months and with fine which may extend to twenty-five thousand rupees.

10. The Oovernment may impose a fine on an educational institution' in case it is not complying with the provisions, directions or orders issued by the Government, from time to time, which may extend to two lac rupees in case of a college/school and five lac in case of a university;

Provided that no fine shall be imposed unless an opportunity of personal hearing has been given to the educational institution-

Punishments.

Offences by cducational institutioB.

Impositioo of fine.

.79. 3/ HARYANA GOVT. GAZ. (EXTRA), AUG. 24, 2012 i 2905 (BHDR. 2, 1934 SAKA) 8. (1) In a proven case of ragging, whether First Information Report has been lodged or not, the Head shall impose a punishment of suspension for at least a period of two semesters or one annual academic year, as the case may be, and may also impose any one or a combination of penalties as listed in clauses (i) to (x) of Sub-section (2) of this section. Punishments. (2) Depending upon the nature and gravity of the offence as reported 2 by the committee, the Head may, in addition to any punishment mentioned under Sub- section (1) of this section, impose any one or combination of the following punishments upon the student(s) found guilty,——— (i) withholding 0r Withdrawing scholarship or fellowship and other benefits; (ii) forfeiting campus placement opportunities or recommendations; (iii) debarring from appearing in any test or examination or other evaluation process; ' (iv) withholding of results; (v) debarring from representing the educational institution in any regional, national or international meet, tournament, youth festival etc.; (vi) suspension or expulsion from the hostel; (vii) cancellation of admission; (viii) rustication from the educational institution for a period ranging upto three years; ' (ix) expulsion from the educational institution and consequent :debarring from admission to any other educational institution for a period of three years; (x) imposition of fine upto twenty five thousand rupees. 9. In case of any contravention of the provisions of the Act or direction or order made thereunder by an educational institution, the Head shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to twenty-five thousand rupees. Offences by educational institution. 10. The Government may impose a fine on an educational institution, in ImPOSiti‘m 0f case it is not Complying with the provisions, directions or orders issued by the fine. Government, from time to time, which may extend to two lac rupees in case of a ' college/school and five lac in case of a university: Provided that no fine shall be imposed unless an opportunity of personal hearing has been given to the educational institution.

tq1"l-' 2906 II^RYANA GOW. GAZ. (EXTRA.), AI"i, 24.2Ot2

Provisions not to be derogatory t<r ccrtain laws.

Power to remove difficu lties.

Repeal and sa v ings.

_ 95?L1"y:4 t$A)

and other laws.

11. The provisions of this Act shall be in addition to and not in derogation of the Indian Penal Cotle. t860 (45 of 1860), the Code of Criminal Procedure, lg73 (2 of 191 4) and the statutes lramed under various Haryana Universities Act

(2), Notwithstanding such repeal,. anythlng done qr any action taken under the said Ordinance, shall be deemed to lrave !9gq done or taken under this Act.

Provisions not to be derogatory to certain laws. Power to remove difficulties. Repeal and savings. (6% 3. 221, 20:12 HARYANA GOVT. GAZ. (EXTRA), Al”. (BHDR. 2, 1934 SAKA) 2906 11. The provisions of this Act shall be in addition to and not in derogation of the Indian Penal Code; [860 (45 of 1860), the Code of Criminal Procedure, l973 (2 of 1974) and the statutes framed under various Haryana Universities Act and other laws > 12. If any difficulty arises in giving effect to the provisions of the Act the State Government may, by an order published in the Official Gazette make such provisions or give such directions consistent with the provisions of the Act, as appear to be necessary or expedient for removing the difficulty 13. (1) The Haryana Prohibition of Ragging in Educational Institution Ordinance, 2012 (Haryana Ordinance No 3 of 2012) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. ” ’11,, 1,3 1 1 .1 has ”Friar: : a’sitxs' rewri’fi ! 1» 1111,11 1' w w 1- z «:wéxw 1171 ésm‘lfiiiSfl-fi} 11131 5111.11: ‘flh :.~-

HARYANA COW. GAZ. (BHDR. 2, I

A-83

(EXTRA.)" AUG. 24,2012 934 SAKA)

STATEMENT OF OBJECTS & REASONS

Ragging is a social menace which has devasting psychological and physical effect on a student. Ragging adversely impacts ttre standards of I{igher Education. Some State have aiready Colleges, Universities a Schools, Colleges,, *rg,professional i nsti tution q free fro m social injustice, mental, in the form of ragging, it has been decided to ragging in the said

-.: tt.

Further Hon'ble Supreme Court has also passed a judgement in University of Kerala v/s Council, Principals, Colleges, Kerala & others where it has been

Hence, this Bill.

shall take adoquate measures for prevention

GEETA B}ruKKAL, i :'Education Minister. Harvana.

, SUMIT KUMAR. Secretary.

Chandigarh : ,

”$83 HARYANA GOVT. GAZ. (EXTRA), AUGf‘z’zi, 2012 2907 (BHDR. 2. 1934.,SAKA) ,s STATEMENT OF OBJECTS & REASONS 1:2";- 8 t1». Ragging is a social menace which has devasting psychological and physical ; effecton a Student. Ragging adversely’impacts the standards of Higher Education Some State have already enacted laws for preventmn of ragging in the Schools, Colleges, Universities and professional institutions Therefore, to make the Schools, Colleges, Universities and theéprofessmnal institutions free from social injustice, mental, physical and other kinds of harassment in the form of ragging, it has been decided to make a 1aiv to pro (for prohibiting ragging in the said educational institutions ’ ‘ Further Hon'ble Supreme Court has also paSSed a judgement in University of Kerala v/s Council, Principals, Colleges Kerala & others where it has been directed that the State Government shall take adequate measures for prevention and prohibition of ragging. Hence, this Bill. ,1 't’;”‘"“ \J’ GEETA BHUKKAL, % ‘ L "rr'r'ii‘i‘g‘rf “" V'fiéEducatidn Minister, Haryana. 1, 1}“ {a Chandikérh“? :41» ”5 - "1:153 - SUMIT KUMAR. Then ZémsAuggst31§26dQ 3:3 * , _. Secretary. :sarv m s v V ““ Lian; “ 3%; t 1"?

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