The Himachal Pradesh Educational Institutions (Prohibition of Ragging) Act, 2009
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS
(PROHIBITION OF RAGGING) ACT, 2009
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Prohibition of Ragging.
4. Duties of certain persons to check and report in cidents of ragging.
5. Abetment of offences under section 3.
6. Offences to be cognizable, non-bailable and com poundable.
7. Expulsion of student.
8. Suspension of student.
9. Power of the State Government to give direction s.
10. Provisions not to be derogatory to certain laws.
11. Power to make rules.
12. Laying of rules and orders.
13. Repeal of Ordinance No. 1 of 2009 and savings.
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THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS
(PROHIBITION OF RAGGING) ACT, 2009
(ACT NO. 12 OF 2009)
1
(Received the assent of the Governor on the 10 th September, 2009 and
was published both in Hindi and English in the Rajp atra, Himachal Pradesh,
dated the 11 th September, 2009, pp. 3658-3665).
An Act to provide for prevention of the evil practi ce of ragging in
educational institutions in the State of Himachal P radesh and for
matters connected therewith or incidental thereto.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixtieth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Himachal Pradesh Educational Institutions (Prohibit ion of Ragging) Act,
2009.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed 18 th August, 2009, pp.
2605 and 2609.
2 THE HIMACHAL PRADESHEDUCATIONAL INSTITUTIONS (PRO HIBITION
OF RAGGING) ACT, 2009
(2) It shall be deemed to have come into force on 2 5 th day of March,
2009.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “educational institution” means any University , any College
affiliated to or maintained by the University, any school
imparting secondary education, any school, Polytech nic or
institution imparting technical education and inclu des such
other institutions as may be notified by the State Government
in the Official Gazette;
(b) “Officer-in-Charge” means and includes person a ppointed as
the Principal of College, Head of Hostel, Dean of F aculty,
Head of Teaching Department or the institution, the authority
of the College, Warden or Manager (by whatever name
called) of Hostel or canteen, the Student Welfare O fficer or
the Librarian of the College and University Library, Principal,
Headmaster, Warden, Manager or teacher of the educa tional
institution; and
(c) “ragging” means any act, conduct or practice by which
dominant power of senior students, former students or
outsiders, is brought to bear on students freshly e nrolled or
students who are in any way considered junior by ot her
students and includes individual or collective acts or practices
which-
(i) involve physical or psychological assault or th reat or use
of force or wrongful confinement or restraint; or
(ii) violate the status, dignity and honour of such students; or
(iii) expose students to ridicule and contempt and affect their
self-esteem; or
(iv) entail verbal abuse and aggression, indecent g estures and
obscene behaviour.
3. Prohibition of ragging.- (1) No person shall practise ragging in
any form, within or outside the premises of an educational institution.
(2) Any person who contravenes the provisions of su b-section (1),
shall, on conviction, be punished with imprisonment for a term which may
extend to three years or with fine which may extend to fifty thousand rupees
or with both.
4. Duties of certain persons to check and report in cidents of
ragging.- (1) Notwithstanding anything contained in any law f or the time
being in force or in any contract, every person who is the Officer-in-Charge of
the educational institution or who is in the service or pay of or remunerated by
the educational institution to do any work assigned to him in connection with
the maintenance of discipline therein, shall be bound to take immediate action
on the occurrence of any incident of ragging and to make report to the Vice-
THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS (PROHIBITION 3
OF RAGGING) ACT, 2009
Chancellor or to any other officer authorised by him, in case of the University,
or the Head of the educational institution, in case of the institution other than
the University, the identity of those who have enga ged in ragging and the
nature of the incident.
(2) Every single incident of ragging where the victim or his parents or
guardian or the Head of educational institution is not satisfied with the
institutional arrangement for action, a First Information Report shall be lodged
without exception by the institutional authorities with the local police
authorities.
(3) Any failure on the part of the institutional au thority or negligence
or deliberate delay in lodging the First Informatio n Report with the local
police, shall be construed to be an act of culpable negligence on the part of the
institutional authority.
(4) If any victim or his parent or guardian intends to lodge First
Information Report directly with the police that sh all not absolve the
institutional authority from the requirement of lod ging the First Information
Report.
(5) Any person who contravenes the provisions of su b-section (1) or
sub-section (2) or sub-section (3), shall, on convi ction, be punished with
imprisonment for a term which may extend to one yea r or with fine which
may extend to ten thousand rupees, or with both.
5. Abetment of offences under section 3.- Whoever being a Head of
educational institution or an officer, directly or primarily in-charge of
supervision for the proper maintenance of disciplin e in the educational
institution, knowingly omits to check and report or connives or abets the
commission of the offence under section 3, shall, o n conviction, be punished
with imprisonment for a term which may extend to tw o years or with fine
which may extend to twenty five thousand rupees, or with both.
6. Offences to be cognizable, non-bailable and comp oundable.-
Every offence under this Act shall be cognizable, n on-bailable and
compoundable with the permission of the court.
7. Expulsion of student.- (1) Any student convicted of an offence
under this Act shall be expelled from the educational institution.
(2) Student expelled under sub-section (1) or expel led otherwise on
account of ragging shall not be admitted in any oth er educational institution
for a period of three years from the date of order of such expulsion.
8. Suspension of student.- (1) Whenever any student or, as the case
may be, the parents or guardian or a teacher of an educational institution or an
Officer-in-Charge makes a complaint, in writing, of ragging to the head of the
educational institution, the head of that education al institution shall, without
prejudice to the foregoing provisions, within twent y four hours of the receipt
of the complaint, enquire into it and, if, prima fa cie, it is found true, suspend
the student found guilty.
4 THE HIMACHAL PRADESHEDUCATIONAL INSTITUTIONS (PRO HIBITION
OF RAGGING) ACT, 2009
(2) Where, on enquiry by the head of the educationa l institution, it is
proved that prima facie there is no substance in th e complaint received under
sub-section (1), he shall intimate the fact, in writing, to the complainant.
9. Power of the State Government to give directions .- The State
Government may, in public interest, by order in wri ting for reasons to be
recorded therein, give to the educational institutions general instructions to be
followed by such institutions and such instructions may, notwithstanding
anything contained in the Himachal Pradesh Universi ty Act, 1970 (17 of
1970) and the Himachal Pradesh Universities of Agri culture, Horticulture and
Forestry Act, 1986 (4 of 1987), the Jaypee Universi ty of Information
Technology Act, 2002 (14 of 2002), the Chitkara Uni versity (Establishment
and Regulation) Act, 2008 (2 of 2009), the Eternal University (Establishment
and Regulation) Act, 2008 (3 of 2009), any Universi ty established by Law in
the State in private and public sector, the Himacha l Pradesh Board of School
Education Act, 1968 (14 of 1968), the Himachal Prad esh Board of Technical
Education Act, 1986 (14 of 1986), the Societies Reg istration Act, 1860 (21of
1860) and the Himachal Pradesh Societies Registrati on Act, 2006 (25 of
2006), include directions to make or amend any ordi nances, statutes,
regulations, rules, bye-laws relating to the prohib ition of and the punishment
for ragging, in such form and within such period as may be specified in such
order.
10. Provisions not to be derogatory to certain laws.- The provisions
of this Act shall be in addition to and not in dero gation of the Indian Penal
Code, 1860 (45 of 1860), the Code of Criminal Proce dure, 1973 (2 of 1974),
and the statues framed under the Himachal Pradesh U niversity Act, 1970 (17
of 1970), the Himachal Pradesh Universities of Agri culture, Horticulture and
Forestry Act, 1986 (4 of 1987), the Jaypee Universi ty of Information
Technology Act, 2002 (14 of 2002), the Chitkara Uni versity (Establishment
and Regulation) Act, 2008 (2 of 2009), the Eternal University (Establishment
and Regulation) Act, 2008 (3 of 2009), any Universi ty established by Law in
the State in private and public sector, the Himacha l Pradesh Board of School
Education Act, 1968 (14 of 1968), the Himachal Prad esh Board of Technical
Education Act, 1986 (14 of 1986), the Societies Reg istration Act, 1860 (21 of
1860) and the Himachal Pradesh Societies Registrati on Act, 2006 (25 of
2006).
11. Power to make rules.- The State Government may, by
notification published in the Official Gazette, mak e rules for carrying out the
purposes of this Act.
12. Laying of rules and orders.- Every order issued under section 9
and rules made under section 11 shall be laid, as s oon as may be after it is
issued or made, before the Legislative Assembly whi le it is in session for a
total period of not less than ten days which may be comprised in one session
or in two or more successive sessions, and if befor e the expiry of the session
in which it is so laid or the sessions aforesaid, t he Assembly makes any
modification in the rule, or as the case may be, in the order, or decides that the
rule or the order, as the case may be, should not be issued or made, the rule or
THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS (PROHIBITION 5
OF RAGGING) ACT, 2009
as the case may be, the order, shall, thereafter, h ave effect only in such
modified form or be of no effect, as the case may b e, so, however, that any
such modification or annulment shall be without pre judice to the validity of
anything previously done under that rule or as the case may be, under that
order.
13. Repeal of Ordinance No. 1 of 2009 and savings.- (1) The
Himachal Pradesh Educational Institutions (Prohibit ions of Ragging)
Ordinance, 2009 is hereby repealed.
(2) Notwithstanding such repeal any action taken or anything done
under the Ordinance so repealed shall be deemed to have been done or taken
under the corresponding provisions of this Act.
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