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Prohibition of Ragging Act, 2011

This document outlines the Jammu and Kashmir Prohibition of Ragging Act of 2011. Some key points: 1) The act defines ragging and prohibits it from occurring within or outside any educational institution in Jammu and Kashmir. 2) Ragging includes any disorderly conduct or act that causes psychological harm, embarrassment, or physical harm to students. 3) Anyone who directly or indirectly participates in or abets ragging can be punished with imprisonment of up to 2 years and/or a fine of up to 10,000 rupees. 4) Educational institutions have a duty to prevent ragging and take steps like including anti-ragging policies in admissions materials and forming
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0% found this document useful (0 votes)
88 views7 pages

Prohibition of Ragging Act, 2011

This document outlines the Jammu and Kashmir Prohibition of Ragging Act of 2011. Some key points: 1) The act defines ragging and prohibits it from occurring within or outside any educational institution in Jammu and Kashmir. 2) Ragging includes any disorderly conduct or act that causes psychological harm, embarrassment, or physical harm to students. 3) Anyone who directly or indirectly participates in or abets ragging can be punished with imprisonment of up to 2 years and/or a fine of up to 10,000 rupees. 4) Educational institutions have a duty to prevent ragging and take steps like including anti-ragging policies in admissions materials and forming
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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PROHIBITION OF RAGGING

ACT, 2011
(Act No. VI of 2011)
THE JAMMU AND KASHMIR PROHIBITION OF
RAGGING ACT, 2011

(Act No. VI of 2011)

CONTENTS

SECTION.
1. Short title and commencement.

2. Definitions.

3. Prohibition of ragging.

4. Penalty for ragging.

5. Procedure for making a complaint.

6. Deemed abetment.

7. Removal from rolls of educational institution.

8. Suspension of the student.

9. Prevention of ragging in educational institutions.

10. Provision of the Act to be in addition to other laws.

11. Power to remove difficulties.

12. Power to make rules.

–––––––
PROHIBITION OF RAGGING ACT, 2011 167

THE JAMMU AND KASHMIR PROHIBITION OF


RAGGING ACT, 2011

(Act No. VI of 2011)

[Received the assent of the Governor on 9th April, 2011 and


published in Government Gazette dated 13th April, 2011].

An Act to prohibit ragging in educational institutions in the 1[Union


territory of Jammu and Kashmir].

Be it enacted by the Jammu and Kashmir State Legislature in Sixty-


second Year of Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the


Jammu and Kashmir Prohibition of Ragging Act, 2011.

(2) It shall come into force on the date of publication in the 2[Official
Gazette].

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Act” means the Jammu and Kashmir Prohibition of Ragging


Act, 2011 ;

(b) “educational institution” means and includes a University,


College and any other institution, by whatever name called,
whether a private or Government educational institution,
carrying on the activity of imparting higher education therein,
either exclusively or among other activities, and includes a
polytechnic, an orphanage, a boarding home, a hostel, a tutorial
institution and the premises attached thereto ;

(c) “fresher” means a fresh or new student admitted to an


educational institution and includes junior students ;

(d) “Government” means the Government of Jammu and Kashmir ;

(e) “head of the educational institution” includes the Registrar of


the University, Dean of a Faculty in the University, Dean of
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State of Jammu and Kashmir”.
2. Substituted ibid for “Government Gazette”.
168 PROHIBITION OF RAGGING ACT, 2011

Medical Faculty, Director of the Institution or Principal,


Headmaster, Manager or any other person responsible for the
management of any educational institution ;

(f) “ragging” means any disorderly conduct, whether by words


spoken or written, or by an act which has the effect of teasing,
treating or handling with rudeness any other student, indulging
in rowdy or undisciplined activities which causes or is likely
to cause annoyance, hardship or psychological harm or to raise
fear or apprehension thereof in a fresher or a junior student,
or asking the student to do any act or perform something which
such student will not do in the ordinary course and which has
the effect of causing or generating a sense of shame or
embarrassment or adverse affect on the physique or psyche
of a fresher, or a junior student ;

(g) “student” means a person who is admitted to an educational


institution and whose name is lawfully borne on the attendance
register thereof ; and

(h) “State” means the 1[Union territory of Jammu and Kashmir].

3. Prohibition of ragging.—From the date of commencement of the


Act, ragging within or outside any educational institution in the 2[Union
territory of Jammu and Kashmir] shall be prohibited and no person shall
commit, abet, propagate or participate in ragging within or outside any
educational institution.

4. Penalty for ragging.— (1) Whosoever, directly or indirectly,


commits or participates in or abets or propagates ragging within or,
outside any educational institution shall, on conviction, be punished with
imprisonment for a term which may extend to two years or with fine which
may extend to ten thousand rupees or with both.

(2) If the particular person committing or abetting ragging is not


identified, every person participating in, or present at, such ragging
activity shall be liable to punishment under the Act and collective
punishment shall be resorted to so as to act as a deterrent punishment
and to ensure collective pressure on the potential raggers.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State of Jammu and Kashmir”.
2. Substituted ibid for “State”.
PROHIBITION OF RAGGING ACT, 2011 169

5. Procedure for making a complaint.—(1) Whenever any student


or, as the case may be, the parents or guardian or a teacher of an
educational institution complains, in writing, of ragging to the head of
an educational institution, the head of that educational institution shall,
within seven days of receipt of complaint, inquire into the matter
mentioned in the complaint and if prima facie the complaint is found true,
he shall immediately forward the complaint to the police station having
jurisdiction over the area in which such educational institution is situated
for registering a case under the Act.

(2) Where on an inquiry by the head of the educational institution,


it is found that there is no substance in the complaint received under
sub-section (1), he shall intimate the fact in writing to the complainant.

6. Deemed abetment.—(1) If the head of any educational institution


fails or neglects to take action in the manner specified in sub-section (1)
of section 5 when a complaint of ragging is made, he shall be deemed
to have abetted the offence of ragging and shall, on conviction, be
punished as provided for in section 4.

(2) No Court shall take cognizance of an offence under sub-section


(1) without a complaint in writing made by the District Magistrate
concerned.

7. Removal from rolls of educational institution.—Any student


convicted of an offence under section 4 shall be removed from the rolls
of the educational institution and shall not be admitted in any educational
institution in the 1[Union territory of Jammu and Kashmir] for a period
of three years from the date of such removal.

8. Suspension of the student.—(1) Without prejudice to the foregoing


provision, whenever a complaint is forwarded by the head of an educational
institution to the police station under sub-section (1) of section 5, such
student shall be suspended forthwith from the said institution and shall
neither be allowed to enter the premises of the educational institution till
the final outcome of the complaint under the Act nor shall be entitled
to any of its facilities.

(2) Any student suspended under sub-section (1) shall be expelled


from the boarding home, hostel and mess of the educational institution.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
170 PROHIBITION OF RAGGING ACT, 2011

9. Prevention of ragging in educational institutions.—It shall be


the duty of every educational institution to prevent ragging in such
educational institution and for this purpose the educational institution
shall, among other things, take the following steps :—

(i) the prospectus, the form for admission or any other literature
issued to the aspirants for admission shall clearly mention that
ragging is banned in the institution and anyone indulging in
ragging is likely to be punished ;

(ii) the admission and enrolment form shall include a printed


undertaking to be filled in and signed by the student to the
effect that he/she is aware of the institution’s approach
towards ragging and the punishments to which he/she shall
be liable if found, guilty of ragging ;

(iii) it shall display, on the notice board, the name, address and
the contact number of the person or authority to whom a
fresher should approach for help and guidance for various
purposes ;

(iv) the head of the educational institution or a person higher in


authority shall address meetings of professors, lecturers,
instructors, teachers, parents or guardians and students,
collectively or in groups, to create confidence by apprising
them of their rights as well as obligations to fight against
ragging, insisting on freshers to report to the head of educational
institution or proctorial committee about instances of ragging
and to generate confidence in their mind and to encourage them
to report any instance of ragging to which they are subjected
to or which comes in their knowledge ;

(v) at the commencement of the academic session, the educational


institution should constitute a proctorial committee consisting
of senior faculty members and hostel authorities like Wardens
and a few responsible senior students to,—

(a) keep a continuous watch and vigil over ragging so as to


prevent its occurrence and recurrence ; and

(b) promptly deal with the incidents of ragging brought to


its notice and summarily punish the guilty, either by
itself or by putting forth its finding/recommendations/
PROHIBITION OF RAGGING ACT, 2011 171

suggestions before the authority competent to take


action ;

(vi) all vulnerable locations shall be identified and especially


watched ;

(vii) the local community and the students in particular shall be


made aware of the dehumanizing effect of ragging inherent in
its perversity and posters, notice boards and signboards,
wherever necessary, may be used for the purpose ; and

(viii) migration certificate issued by the educational institution should


have an entry apart from that of general conduct and behaviour
as to whether the student has ever indulged in ragging and
in particular was punished for such ragging.

10. Provision of the Act to be in addition to other laws.—Nothing


in the Act shall be deemed to affect the operation of any other law for
the time being in force in the 1[Union territory of Jammu and Kashmir]
and the provisions of the Act shall be in addition to, and not in derogation
of, such other laws.

11. Power to remove difficulties.—If any difficulty arises in giving


effect to the provisions of the Act, the Government may, by order not
inconsistent with the provisions of the Act, remove the difficulty :

Provided that no such order shall be made after the expiry of a period
of two years from the commencement of the Act.

12. Power to make rules.—The Government may, by notification in


the 2[Official Gazette], make rules to carry out the purposes of the Act.

_______

1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.


2. Substituted ibid for “Government Gazette”.

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