The West Bengal Prohibition Of Ragging In Educational Institutions Act, 2000

West Bengal · state statute

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GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
West Bengal Act XIII of 2000
THE WEST BENGAL PROHIBITION OF RAGGING
IN EDUCATIONAL INSTITUTIONS ACT, 2000.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 29th May, 2000.]
[29th May, 2000.]
An Act to prohibit ragging in educational institutions in West Bengal.
WHEREAS it is expedient to prohibit ragging in educational institutions
in West Bengal;
It is hereby enacted in the Fifty-first Year of the Republic of India, by
the Legislature of West Bengal, as follows:-
Ragging in Educational Institutions Act, 2000.
1. (1) This Act may be called the West Bengal Prohibition of Short title, extent and commence-
ment. (2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may
by notification appoint.
2. In this Act, unless the context otherwise requires,— Definitions.
(1) "educational institution" means any educational institution,
by whatever name called, whether or not maintained and
managed by the State Government,—
(a) recognised or deemed to have been recognised under
any law for the time being in force, or
3 of 1956. (b) affiliated to a University as defined in the Univers ty
Grants Commission Act, 1956;
(2) "notification" means a notification published in the Official
Gazette;
(3) "prescribed" means prescribed by rules made under this Act;
123
The West Bengal Prohibition of Ragging in Educational
Institutions Act, 2000.
[West Ben. Act
(Sections 3-6.)
(4) "ragging" means the doing of any act which causes, or is
likely to cause, any physical, psychological or physiological
harm or apprehension or shame or embarrassment to a
student, and includes—
(a) teasing or abusing of, playing practical joke on, or
causing hurt to, any student, or
(b) asking any student to do any act, or perform any thing,
which he would not, in the ordinary course, be willing
to do or perform;
(5) "student" means a student who has been prosecuting his
studies in an educational. institution.
Prohibition
of ragging.
Penalty for
ragging.
Dismissal of
student on
conviction
and bar to
admission or
re-
admission.
Expulsion of
student.
3. (1) Ragging within an educational institution is hereby
prohibited.
(2) No person shall participate in, abet, or propagate, ragging in any
educational institution.
Explanation.—For the purposes of this section, educational institution
shall include—
(a) the premises or the campus of the educational institution, or
(b) the hall, that is to say, the unit of residence of students
maintained by the educational institution, if any, or
(c) the hostel, that is to say, the unit of residence for students, if
any, not maintained by the educational institution but
recognised under any law for the time being in force.
4. Whoever contravenes the provisions of section 3 shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine which may extend to five thousand rupees, or with
both.
5. If any student is convicted of an offence punishable under section
4, he shall be dismissed from the educational institution in which he has
been prosecuting his studies for the time being, and shall not be re-admitted
to that educational institution.
6. Without prejudice to the foregoing provisions of this Act, where
a student complains of ragging by any other student to the head of the
educational institution or to any other person responsible for the management
of the educational institution, such head of the educational institution or
person responsible for the management of the educational institution shall
124
The West Bengal Prohibition of Ragging in Educational
Institutions Act, 2000.
XIII of 2000.]
(Sections 7-10.)
forthwith inquire into the complaint and if, on such enquiry, the complaint
is found to be true, he shall expel the student, who has committed the
offence, from the educational institution.
7. Notwithstanding anything contained in section 5 or section 6, any
student dismissed under section 5 or expelled under section 6, may appeal
in the prescribed manner to the Committee to be constituted by the State
Government in the manner prescribed, and the decision of the Committee
on such appeal shall be final.
8. (1) If the head of the educational institution or the person
responsible for the management of the educational institution fails or
neglects to comply with the provisions of section 6, a complaint of such
failure may be made to the Committee, constituted under section 7, by the
student who complains of ragging under section 6 or by his guardian.
Explanation.—"Guardian" shall mean a person having the care of the
student or any other person who has been declared to be the guardian of the
student in the record, if any, maintained by the educational institution.
(2) On receipt of the complaint under sub-section (1), the Committee
shall hold such inquiry as it may deem fit and shall make its recommendations
to the managing committee or the governing body of the educational
institution or such authority as the Committee considers appropriate and,
thereupon, the managing committee or the governing body of the educational
institution or the authority, as the case may be, shall take action in
accordance with the recommendations as aforesaid.
9. The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force.
10. (1) The State Government may by notification make rules for
carrying out the purposes of this Act.
(2) All rules made under this Act shall, unless some later date is
appointed by the State Government, come into force on the date of their
publication in the Official Gazette.
Constitution
of
Committee.
Failure or
negligence
to comply
with the
provisions of
section 6.
Act to have
overriding
effect.
Power to
make rules.
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