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The Himachal Pradesh Educational Institutions (Prohibition of Ragging) Act, 2009

Himachal Pradesh · state statute
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AUTHORITATIVE ENGLISH TEXT 
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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