Antiragging

The Rules of Prohibiting Ragging

Maharashtra Act No. No.XXXIII of 1999

(First published, after having received the assent of the governor in the "Maharashtra Government Gazette", on the 15 May 1999.)

An Act to prohibit ragging in educational institution in the State of Maharashtra.

WHEREAS it is expedient to-enact a special law to prohibit ragging in educational institution in the State of Maharashtra. It is hereby enacted in the Fiftieth Year of the Republic of India as follows :

1. Short title and commencement

a) This Act may be called the Maharashtra Prohibition of Ragging Act,1999

b) It shall come into force on such date as the State Government may,by notification in the Official Gazette,appoint.

2. Definitions in this Act,unless the context otherwise requires

a) "educational institution" means and includes a college , or other institution by whatever name called,carrying on the activity or imparting education there in (either exclusively or among othe activities);and includes an orphanage or a boarding home or hostel or a tutorial institution or any other premises attached thereto;

b) "head of the educational institution" means the Vice-Chancellor of the University , dean of Medical Faculty, Director of the Institution or the Principal, headmaster or the person responsible for the management of the educational institution;

c) "ragging" means display of disorderly conduct , doing of any act which cause or is likely to cause physical,psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes

i) teasing, abusing, threatening 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 couse, willingly, do.

3. Prohibition of ragging

Ragging within or outside of any educational institution is prohibited

4. Penalty for ragging

Whosoever directly or indirectly commits, participates in, abets or propogates ragging within or outside any education 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 five years from the date of order of such an of student

1. Whenever any student or ,as the case may be,the parent or guardian, or a teacher of an educational institution complains, in writing ,of ragging to the head of the educational institution , the head of the 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 compliant to the police station haing jurisdiction over the area in which the educational institution is situated, 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.

3. The decision of the head of the educational institution that the student has indulged in ragging under sub-section(1), shall be final.

6. Deemed abetment

If the head of the educational institution fails or neglects to take action in the manne 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 section4. Power to make rules.

7.

(1) The State Government may, by notification in the Offical Gazette, amendment for carrying out all or any of the purpose of this Act.

2) Every rules made under this Act. Shall be laid,as soon as may be, after it is made, before each House of the State Legislature, while it is in session for total period of the thirty days, which may be comprised in one session or two or more successive sessions,and if; before the expiry of the session in which it is so laid or the session immediately following , both houses agree in making any modification in the rules or both Houses agree that the rules should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publicaton of such notification, 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 or omitted to be done under that rule.

 

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