Assam act 002 of 1999 : The ASSAM PROHIBITION OF RAGGING ACT, 1998

4 THE ASSAM GAZETIE. EXTRAORDINARY. JAN. 12. 1999

ASSAM ACT NO. II OF 1999

(Received the Assent of the Governor on 8th January, 1999)

THE ASSAM PROHIBITION OF RAGGING ACT, 1998

AN

Preamble. Short title, extent and commence- ment.

ACT

to prohibit raggingin the Educational Institutions in Assam. Whereas it is expedient to prohibit ragging in the educational institutions in Assam.

It is hereby enacted in the Forty-ninth Year of the Republic of India as follows :-

1. (1) This Act may be called the Assam Prohibition of Ragging Act, 1998.

(2) It extend to the whole of the State of Assam.

(3) It shall come in to force at once. Definitions. 2. In-this Act, unless the context otherwise requires:-

(a) "Educational Institution" means any college, having \ D_egree classes and/or Higher Secondary classes and/or Post Graduate classes, Junior college and any level of classes above the High School standard, Engineering college or University administered, managed, controlled or run by the Government or otherwise and includes any hostel, boarding, play ground, road, vehicle, premises and other places having nexus with the aforesaid institutions imparting education ;

(b) "Government" means the State Government or the Central Government as the case may be ;

(c) "ragging" means either display of noisy or disorderly conduct or doing of any act which causes or likely to cause social, physical or psychological harm or raise apprehension or fear or shame or embarrassment to any student in any eduactional institution, and includes -

(i) teasing, abusing of, playing practical jokes on or causing hurt to such student, or

(ii) asking the student to do any, a.ct or p~rform something which such student will not, m the ordinary course, willingly do ;

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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 12, 1999 5

(d) "State Government" means the Government of Assam;

Prohibition

of ragging.

Penalty for

ragging.

Expulsion of

the student

from the

educational

institution

Powers and

functions of

the head

of the

educational

institution.

(e) "Victimised student" means a student who is a victim of ragging.

3. Ragging in any educational institution is prohibited and no person shall commit, abet, propagate or participate in ragging in any educational institution.

4. Whoever commits, participates in, abets or propagates ragging in any educational institition shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both.

5. (1) Any student convicted of an offence under section 4 shall be expelled from the concerned educational institution to which he or she belongs for a period not less than one academic session and such student shall not be admitted in any other educational institution during that period.

(2) The authority of the concerned educational institution shall publish at least in a leading daily news paper of the State, the detailed description alongwith name, father's name and permanent address of the student so expelled under sub-section (1) regarding his or her expulsion, for information of other educational instititions with a written intimation to the concerned Unversity, Board or Council as the case may be, under which the concerned institution is affiliated to or recognised.

6. (1) Without prejudice to the foregoing provisions, whenever any student or guardian or parent complains of ragging in writing to the head of educational institution, or to any other person responsible for the management of the educational institution concerned, such head of the educational institution or person responsible for the management of the educational institution, as the case may be, shall enquire into the same immediately and if found

. true, shall suspend the student, who has .committed the offence, from the educational institution immediately and after giving the student concerned a reasonable opportunity or being heard, if the head of the educational institution or the person responsible for the management of the educational

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6 THE ASSAM GAZETIE. EXTRAORDINARY, JAN. 12. 1999

Liability of

the head

of the

Educational

Institution.

Appeal

institution, as the case may be, is satisfied that the student has committed any offence under this Act, he may either expel or rusticate the student from educational institution for a period of not less than one academic session or may pass such order as deemed fit and proper in the larger interest of the educational institution in particular and for establishing academic discipline in general.

(2) The decision taken under sub-section (1) by the head of the institution or the person responsible for management of the educational institution, shall be final and binding on the student concerned.

7. ( 1) If the head of the educational institution or person responsible for the management of the educational institution fails or neglects to take any action in the manner as provided in sub-section (1) of Section 6, when a complain of ragging is made, such head of the educational institution or the person responsible for management of the educational institution as the case may be, shall be made personally accountable and liable for disciplinary proceeding before the departmental higher authority.

(2) The Government may cause any departmental enquiry .in the matter in case written complaint is received against the head of the institution or the person responsible for management of the educational institution in respect of his failure or negligence as specified in sub-section (1), and take such appropriate action in accordance with the rules of the Government for the time being in force.

8. (1) Any student, aggrieved by an order of rustication or expulsion may, prefer an appeal against the order of the head of the educational institution or the person responsible for management of the educational institution, as the case may be, before the Commissioner and Secretary to the Government of Assam, Education Department for setting aside the order of such expulsion or rustication as the case may be, within a period of fifteen days from the date of passing of such order :

Provided that in the absence of Commissioner and Secretary, the Secretary to the Government of Assam, Education Department shall be the competent authority to entertain, hear and dispose of the appeal.

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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 12, 1999 7

(2) After hearing the appeal the Commissioner and Secretary to the Government of Assam, Education Department, shall dispose of the appeal within thirty days from the date of its receipt :md pass appropriate order, in writing, which shall be final and binding. Offence to be 9. An offence under this Act shall be Act No. 9 congnizable congnizable and bailable within the meaning of of 1974. and bailable. the Code of Criminal Procedure, 1973. Court 10. (1) No Court lower than a Court of Judicial Magistrate Competent to of the First Clas·s, shall take congnizance of and try an take offence under this Act.

congn izance.

Power for

summary

trial.

(2) No Court shall take congnizance of an offence under this Act, except under complaint in writing made by or at the instance of the victimised student or on a report in writing by a police officer not below the rank of a Sub-Inspector.

11. Offences under this Act may be tried Act No. 2 summarily in the manner provided for summry of 1974. trial under the Code of Criminal procedure,

1973.

Compounding . 12. The Offences under this Act shall be compoundable at the instance of the complainant and the victimised student either before or after the institution of the proceedings. Power to

make rules.

13. (1) The State Government may make rules for carrying out all on any of the purposes of this Act.

(2) All rules made under thi s Act shall be published in the Official Gazette.

(3) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the State Legi slature, while it is in session, for a total period of not less than fourteen days which may .be comprised in one session or two or ~ore ~uccess1ve sessions, and shall, unless some later date 1.s app01.nted, take effect from the date of their publication in the Official Gazette subject to such modificatio~1s or. annulments as the Legislature may, during the.s~1d penod agree to m~ke, so however, that any such mod1f1cauon or .annulm~nt snall be without prejudice to the validity of anything prev10usly done thereunder.

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8 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 12. 1999

Repeal and

saving.

14. (1) The Assam Prohibition of Ragging Assam Ordinance, 1998 is hereby repealed. Ordinance · / No. IV of

1998.

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

M.K.DEKA,

Secretary to the Govt. 'of Assam, Legislative Department. GUWAHATI--Printed & published by the Dy. Director (P&S), Directorate of Ptg. and Sty. Assam Guwahati-21 (Ex-Gazette) No.3-500-600-12-1-99.

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