The ASSAM PROHIBITION OF RAGGING ACT, 1998

Registered No. 768/97 
THE ASSAM GAZETTE 
~>il~ct 
EXTRAORDINARY 
~<fS~~<if~~ 
PUBLISHED BY AUTHORITY 
91\ 2 ~'91.<{ ' ll5lQ1<11<il, 12 wr-r~ 1999, 22 91~ 1920 (~) 
No. 2 Dispur, Tuesday, 12th January, 1999, 22nd Pausa, 1920 (S.E.) 
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH 
The 12th January, 1999 
., NOTIFICATION 
No. LGL. 16/98/49.-- The following Act of the Assam Legislative 
Assembly which received the assent of the Governor is hereby published 
for general information. 
/I 
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 ; 
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 
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. 
-, 
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 m ade under this 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 Legislature, while it is in session, for a total 
period of not less than fourteen days which may .be 
compris ed in one ses sion 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. 
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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