‘(Translation in English of the Kerala ‘
Prohibition of Ragging Act, 1998,
published under the authority of the Governor.)
on ., |= BGT 10 OF 1998
|
“THE KERALA PROHIBITION OF RAGGING ACT, 1998
Au Act to prohibit ragging in educational insti
tutions in the Stig of Kerala. =~
Preamble. -WHEREAS it is expedient
to prohibit ragging: in educational
:
institutions in the Staté of Kerala; _
- aad -
BE it enacted in the Forty-ninth Year
of the Republic: of India as follows
:—
1. Short title, extent and commencement.—(1}..
_ "This Act may be called the
Kerala Prohibition of Ragging Act, 1998. . *
(2) ' It extends to the whole of the State of Ke
rala. .
(3) It shall be deemed to have come
into force on the 23rd day of
October, 1997. :
: ae :
= =
2. Definition —In this Act, unless
the context otherwise required,—
_ fa) ‘head of the educational insti
tution’ means ‘the Principal or -the
Headmaster -or the person responsible for th
e management of that educational
institution; ase is :
3
- (b) -SRagging’ means doing of any act,
by ‘disorderly conduct, toa © ~
student of an educational institution, w
hich causes or islikely to cause physi
cal
or psychological harm or raising apprehe
nsion or fear. or shame.orembarrass-
ment to that student and includes—
; ;
(i). teasing, abusing or playing practical jokes on, or ca
using hurt to,
such student; or - ;
oon 8 a oe.
.
Gi) asking a siudent to do any act or perform som
ething which such
student will not, in the ordinary course, Willingly, do.
— :
o
3. Prohibition of ragging.—Ragging within or without
any cducational
institution is prohibited. : # ; :
tee
f commits, participates in, abets or
propagates ragging within, or without, any education
al institution shall, on
-conviction, be punished with imprisonment for a term whic
h may extend to two
years and shall also be liable tova fine which may exie
nd to ten thousand
rupecs.
45 Penalty for raging. —Whoever
(Translation in English of the Kci'ala'l’t‘ohibition at RaggingAct: 1998, ‘
published under the authority; oi‘thc Governorfj ‘ -
~ ‘ ACT 1001? 1998 A ,
J
‘THl-Z KERALA PliOHIBl'l‘IQN OF RAGGhVG ACT,’1998 ‘ ,—
An Act to prohibit mggir'zg in educate-mini institutians {1.1 the State of Rania. ' f3
“PréamliliairwW'I—IERHAS it is expedient to prohibit dragging- inleducational
institutions in the State of Kcralu;
BE it enacted. in the Forty-ninth Year of-thc Republic oflndia 21$ follows:—
7 o ‘ , i '
l . Shari title, extent and Eonmzenccmmt.+(l} . Thin Act may bc. called the
Kcrala Prohibition of Ragging Act, l998. g
(2‘; ' It Extends to the whole of the State of licraia. _
(3) . It shall be deemed to have come into force on the 23rd clatt- of
Qctobcr, 1997. ' '
2. DcfinitigiLJIn this Act, unless the context otl‘icrt-visc required,—
{a) ‘head of the educationalinstitution? means i'the Principal or .the
Headmaster or the person responsible for the management ol‘thatrcducational
institution; ' ' » ' ‘ ' -
, (b) -.‘Ragging’ means doing of any act, by_"di501‘de1'ly cdnduct, to a ' ’"\
student ofan’cducational institution, which causes or islikcly to cause physmal'
or psychological harm or raising apprehension 01‘ fear. or shamoor'embarrass- , “—x
ment to that student andincludesJ
. (i) teasing, almsing or playing practical jokes ongor causing hurt to,
such student; or ' ,
o
1
, (ii) _asking a smdcnt 10 do any act or perform somcthing which such .
student will not, in the ordinary course;willingly, do. " .
_ » a _ . .
3. Prohibition qft‘agging.—-l{agging within or Without any (Educational
institution is prohibited. 1 ‘. _ _. ' ’ l
‘4‘ Pmaigr'jbri'dgging—J‘Vhocvel‘l commits: participates in, abcts or
propagatcs ragging within. or without, any educational institution shall, on
conviction. be poniéh‘ed with imprisonment for a" term which may extend to two
“years and shall also be liable to=a Fine which may extend to ten thousand
rupees. ' ‘ ‘-
‘Ordinanee, 1998
J. 1015111111111 11f Siltdfilfrii-Al‘ly student convicted 01' an. offence under
.section 1 11119.11 be dismissed t'rom the educational institution and such student
shall not be admitted in any other educational institution 1111 3. 131311051 of
(111 CC years 11011 1 the date 01' 0111121 of 81161.1 (11311115141211. . -
"6. 31111121151111:11f51111‘1’511l.«-11;l) _ Whenever any student'or, as the case may
he, the parents or guardian .111":‘1 teacher 01' an educational institution
complains, in Wining, ofi‘ agging to the head of the educational Institution the
head-01' that EZCithflli.’ 111211 institution 51,1211] without prejudice to the foregoing
pro1'isions,‘vvithin 561911 days of the receipt of the oompiaint, enquire into the
' matter mentioned in, the Complaint. and if,p11§11a/ar1e, it is found true, suspend
the student. w‘ .10 is aCcused of the ofI'CnCC, and shall, itnnlCdiately, forward
' the Complaint to the polflice atation lIaVJH‘TJL‘Il‘dICiIOH 01 C the area 111 which the
(dizttational institution is situatC 1'01 f111tl1C1‘ztction.‘
(‘2) 1Where. on 6111111111 J_1\‘ - he head ol'tl' 11‘ educational institution
it is 13111th that thCiC 15 no substance [111mg fade in the complaint receit Cd
undet‘ suh- -seetion {11, he shall intimate the .faet, in .Writing, to the
complainant. - ‘ “ '
’ 7.; Damned abetment.-—If the head of the educational institution fails or
‘ neglects to take action in the 111a11n'e1 specified in section 6 when a complaint oi
tagging is made, 5111311 135115011 5111211le clet‘ mt" cl to have abetted the ohence of
ragging and shall on Com ietion, he 111111151 th as prot‘ided for in section ~17
8. 1011:1111 in 11111115 11111.11. 1—[11 1111.: Government may, 1)» notification in
the Gazettt . 111:1111 ruler: for Cam 111g (1111 all 111 am (11' the purposes 01' this —\.Ct.
12) E\fi‘1‘\.' rule made under this Act shallbelaid 'as :soon 43111.11 be
after it is made, bei'oi‘e' the Le epislatit'e Assembly; while it is. in session For '
a total petiod of fourteen C121VS,‘.\1’11(1’1 may be Comprxst‘ ‘d in one eession or in
two successive sessions, and it' before the ex pir‘v of the sesnon in which it is
so laid; 01 the session iminediatelv iollowing‘. the L C1111 lathe Assembly makes
am; modification in the rule or (let‘ides thajl the 1111C. shouid not be 111ade,
the 11.111‘ 911: 111 1111‘1‘e11t"'111 . have. (11113111 111111 111 such modified than 01 He 01' no
(11131.1, :11 1111‘ (3.110. 1111.1',‘ 1.11;: so, 11r1w1111‘1‘, 111:1! 11111. such modification or
5111111111111 111 $11,111 ht. 11111111111 111ej 11111111: 111 1111: tailidily 111 11111111111111 .111'eiiouslv
ClUIIL undei' that 1111C.
U. Ifr'pgal a11d.iabi11,g.~(lf1 'l'ht“ . Kerala Prohibition 01' Bagging
'2 of. 1998}, is hereby“ 1‘el'1ealed. . ~
‘\ .
(‘2') Notwithstanding such 1‘C11eal.' anything done or deemed to have
‘been done many action taken ordmjmed to have been taken under the
said Ordinance shall be deemed to haw been done 01‘ taken. under this-Act.
‘ ‘ . .
5. Dismissal of student—=Any student convicted of an. offence under
section -£ shall be dismissed frorn the educational institution and such student -
-shall not be admitted in any other educational institution for a ‘period of
three years from the date of order of sueh dismissal. me
‘G. Suspension of studeni.—(1) Whenever any studentor, as the case may
be, the parents or guardian, ora teacher ‘of an. educational «institution
complains, in writing, of ragging to the head of the educational institution, the
head of that educational institution shall, without prejudice to the foregoing
provisions, within seven days of the receipt of the complaint, enquire into the
matter mentioned i in the complaint and, if, prima facie, itis found true, suspend
the student who is accused of the offence, and shall, immediately, forward
“the complaint to the police station having jurisdiction over the area in which the
“educational institution is situate, for fur ther action.
ec WE Wirere. on “enquiry by - the heal of thes educational institution,
it is proved that there is no substance prima facie in. the complaint received
-under’ sub-section {1), he shall intimate the fact, in. writing,: to the
complainant. |
i Deemed. abetment.—If ie head of the educational institution fails. or
neglects to take action in the manner specified in section 6 when a complaint of
ragging is made, such person shall be deemed to have abetted the ohence of
ragging and shall, on conv iction, be punished as pr ovided for in section 4°
y
o. Powey ia make rules. —(1) The Cavenaniots may, by notification in
the Gazette; make rules for carry ing out all’ or any, of the purposes of this Act.
: (2) Every rule ete under this Act shall be bad. ‘as soon as may be.
_ after itis made, before’ the Legislative Assembly; while it is in session for -
a total period ‘of fourteen days, which may be comprised in one’session or in
two successive sessions, and if before the expiry of the session in which it is
. so laid, or the session immediately following, the Legislative Assembly makes
%
-any modification in the rule or decides. thay the: rule should not be made,
the rule shall, thcreaticr, have. effect: -only in such modified form or be of no
effect, as the case mvay be: so, however, that apy such modification or
annulment shall be Without prejudice to the vailidity | of, ne previously
done under that rule. : ;
¢
9: "Repeal and saving. —-(1) The . Kerala Prohibition of Rageging
Ordinance, 1998 (2 of A988), 1 hereby’ _repealed. .
(2) Nordine such repeal, anything done or deemed to have
‘been done or any actibn taken or deemed to have been taken under the
said Ordinance shall be deemed to have been done or taken. under this-Act.