The UTTAR PRADESH PROHIBITION OF RAGGING IN EDUCATIONAL INSTITUTIONS ACT, 2010

 
THE UTTAR PRADESH PROHIBITION OF RAGGING IN
EDUCATIONAL INSTITUTIONS ACT, 2010 1
[ U. P. A CT No. 14 of 2010 ]
Amended by
U.P. Act No. 01 of 2011
[As passed by the Uttar Pradesh Legislature and assented to
by the Governor on March 18, 2010 and in pursuance of the
provision of clause (3) of Article 348 of the ‘‘Constitution of India’’
English translation of the Act published in the U.P.Gazette
Extraordinary on March 19, 2010.]
AN
ACT
to provide for the prohibition of ragging in educational
institutions and for matters connected therewith or incidental
thereto.
IT IS HEREBY enacted in the Sixty-first Year of the Republic
of India as follows :–
Short title 1.(1) This Act may be called the Uttar Pradesh Prohibition of
Ragging in Educational Institutions Act, 2010.
Definitions 2.In this Act unless the context otherwise requires, –
(a)‘‘Divisional Commissioner’’ means the Divisional
Commissioner within whose jurisdiction the institution is
situated and includes in Additional Commissioner;
(b)‘‘educational institution’’ means a school, a college, a
University or any other institution by whatever name called
situated in Uttar Pradesh, imparting any type of education and
includes an orphanage or a boarding or a hostel or a tutorial
institution or a coaching institution or any other premises
attached thereto ;
(c)‘‘Head of institution’’ means the Vice Chancellor of a
University, the Dean of Faculty, the Director of an institution
or the Principal, or any other person responsible for the
management of the institution;
(d)‘‘ragging’’ means asking a student to do any act or
perform something, causing, inducing, compelling or forcing a
student by way of either by words or sign or signal to do any
act which detracts from human dignity or violates his person
in any way or exposes him to ridicule, intimidating,
2[wrongfully restraining], 3[wrongfully confining] and injurising
him or holding out to him any threat or intimidation, wrongful,
restraint, wrongful confinement, injury or the use of criminal
force.
(e)‘‘Student’’ means a student who has been pursuing
his/her studies in an educational institution.
1. For SORseeat the end of this Act.
2.Subs.bysec.2(a) of U.P. Act No. 1 of 2011 .
3.Subs.bysec.2 (b) of U.P. Act No. 1 of 2011 .
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[The Uttar Pradesh Prohibition of Ragging in Educational Institutions Act, 2010]
Prohibition of
ragging
3.Ragging within or outside any educational institution is
prohibited.
Expulsion of
student/
lodginng of
complaint
4.(1) Whenever any student or as the case may be the parent or
guardian, or a teacher of an educational institution complaints in
writing of ragging to the Head of educational institution, the Head of
educational institution concern shall, 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, expel 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 situated for further action.
(2) Where, on an enquiry the Head of educational institution, it
is proved that there is no substanceprima faciein the complaint
received under sub-section (1), he shall intimate the fact, in writing, to
the complainant.
Penalty for
ragging
5.Whoever directly or indirectly commits, participates abets or
propagates ragging within or outside any educational institution shall
be punished with imprisonment of either description for a term which
may extend to two years or with fine which may extend to ten thousand
rupees or with both.
Debarring of
Student
6.Any student convicted of an offence under section 5 shall not
be admitted in any educational institution for a period which may
extend to five years from the date of order of debarring.
Appeal 7.Any student expelled under section 4 or debarred under
section 6, may prefer an appeal in the prescribed manner to the
appellant authority within a period of thirty days, from the date of order
and the decision of the appellate authority in such appeal shall be final.
Appellate
authority
8.In the case of a school or a college imparting education up to
secondary level the Divisional Commissioner, in the case of an affiliated
degree college the Vice-Chancellor of the affiliating University and in
case of a University the Chancellor shall be the appellate authority
against the order of expulsion of a student under section 4 or of
debarring under section 6.
Overriding
effect
9.The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than
this Act, or any instrument having effect by virtue of any enactment
other than this Act.
Power to make
rules
10.The State Government may, by notification make rules for
carrying out of the purposes of this Act.
Removal of
difficulties
11.(1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by notified order, make such
provisions not inconsistent with the provisions of this Act, as appears
to it to be necessary or expedient, for removing the difficulty :
Appeal Provided that no order shall be made under this sub-section
after a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may,
after it is made, be laid before each House of the State Legislature.
 
658
[The Uttar Pradesh Prohibition of Ragging in Educational Institutions Act, 2010]
 
STATEMENT OF OBJECT AND REASONS
Ragging is an act of human torture. It is widely prevalent in educational
institutions. In the present scenario, ragging is a curse in the civilized society. Certain
States such as West Bengal, Maharashtra, Kerala and Assam have already enacted
laws for prevention of ragging in the universities and professional institutions. In this
State, ragging is raising head in its worse from and is needed to be crushed. In order,
therefore, to make the universities and the professional institutions free from social
injustice, mental, physical and other kinds of harassment in the form of ragging, it has
been decided to make a law to provide for prohibitionary ragging in the said educational
institutions.
The Uttar Pradesh Prohibition of Ragging in Educational Institutions Bill, 2010
is introduced accordingly.
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