The Kerala Prohibition of Ragging Act, 1998

(Translation in English of the Kerala Prohibition of Ragging Act, 1998 published
under the authority of the Governor.) 
ACT 10 of 1998
THE KERALA PROHIBITION OF RAGGING ACT, 1998*  
An Act to prohibit ragging in educational institutions in the State of Kerala. 
Preamble.—WHEREAS it is expedient to prohibit ragging in educational
institutions in the State of Kerala;
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 Kerala.
(3) It shall be deemed to have come into force on the 23rd day of
October, 1997.
2. Definition.—In this Act, unless the context otherwise required,—
(a)  'head of  the educational  institution' means  the  Principal or the
Headmaster or the person responsible for the management of that educational
institution; 
(b) 'Ragging' means doing of any act, by disorderly conduct, to a student
of an educational institution, which causes or is likely to cause physical or
psychological harm or raising apprehension or fear or shame or embarrassment to
that student and includes— 
(i) teasing, abusing or playing practical jokes on, or causing hurt to,
such student; or
(ii) asking a student to do any act or perform something which such
student will not, in the ordinary course, willingly, do.
3.  Prohibition  of  ragging.—Ragging  within  or  without  any  educational
institution is prohibited.
*Received the assent of the Governor on 23rd day of April, 1998 and published in
the Kerala Gazette Extraordinary No. 1007 dated 24th June, 1998.
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4.  Penalty  for  ragging.—Whoever  commits,  participates  in,  abets  or
propagates ragging within, or without, any educational institution shall, on
conviction, be punished 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.
5. Dismissal of student.—Any student convicted of an offence under section 4
shall be dismissed from 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 such dismissal.
6. Suspension of student.—(1) Whenever any student or , as the case amy be,
the parents or guardian, or a 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 in
the complaint and, if, prima facie, it is 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 further action.
(2) Where, on enquiry by the head of the 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.
7.  Deemed abetment .—If the 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 offence of
ragging and shall, on conviction, be punished as provided for in section 4.
8. Power to make rules. —(1) The Government may, by notification in the
Gazette, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after
it is 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 that the rule should not be made, the rule
shall, thereafter, have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
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9. Repeal and saving.—(1) The Kerala Prohibition of Ragging Ordinance, 1998
(2 of 1998), is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been
done or any action taken or deemed to have been taken under the said Ordinance
shall be deemed to have been done or taken under this Act. 

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