The ASSAM PROHIBITION OF RAGGING ACT, 1998
###### Registered No. 768/97

# THE ASSAM GAZETTE

###### ~>il~ct

### EXTRAORDINARY

###### ~<fS~~<if~~

##### PUBLISHED BY AUTHORITY

91\ 2 ~'91.<{ ' ll5lQ1<11<il, 12 wr-r~ 1999, 22 91~ 1920 (~)

No. 2 Dispur, Tuesday, 12th January, 1999, 22nd Pausa, 1920 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH

The 12th January, 1999

., **NOTIFICATION**

No. LGL. 16/98/49.-- The following Act of the Assam Legislative
Assembly which received the assent of the Governor is hereby published
for general information.


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4 THE ASSAM GAZETIE. EXTRAORDINARY. JAN. 12. 1999

ASSAM ACT NO. II OF 1999
(Received the Assent of the Governor on 8th January, 1999)

THE ASSAM PROHIBITION OF RAGGING ACT, 1998
AN

ACT
to prohibit raggingin the Educational Institutions in Assam.

Preamble. Whereas it is expedient to prohibit ragging in the

educational institutions in Assam.

It is hereby enacted in the Forty-ninth Year of the
Republic of India as follows :-

Short title, 1. (1) This Act may be called the Assam Prohibition of
extent and Ragging Act, 1998.
commence-
ment. (2) It extend to the whole of the State of Assam.

(3) It shall come in to force at once.

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

(a) "Educational Institution" means any college, having \

D_egree classes and/or Higher Secondary classes and/or Post

Graduate classes, Junior college and any level of classes
above the High School standard, Engineering college or
University administered, managed, controlled or run by the
Government or otherwise and includes any hostel, boarding,
play ground, road, vehicle, premises and other places having
nexus with the aforesaid institutions imparting education ;

(b) "Government" means the State Government or the
Central Government as the case may be ;

(c) "ragging" means either display of noisy or disorderly
conduct or doing of any act which causes or likely to cause
social, physical or psychological harm or raise apprehension
or fear or shame or embarrassment to any student in any
eduactional institution, and includes -

(i) teasing, abusing of, playing practical jokes on or

causing hurt to such student, or

(ii) asking the student to do any, a.ct or p~rform

something which such student will not, m the
ordinary course, willingly do ;


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(d) "State Government" means the Government of
Assam;

(e) "Victimised student" means a student who is a victim
###### of ragging.

Prohibition 3. Ragging in any educational institution is prohibited and
of ragging. no person shall commit, abet, propagate or participate in

ragging in any educational institution.

Penalty for 4. Whoever commits, participates in, abets or propagates
ragging. ragging in any educational institition shall be punished with

imprisonment for a term which may extend to six months or
with fine which may extend to ten thousand rupees, or with
both.

Expulsion of 5. (1) Any student convicted of an offence under section 4
the student shall be expelled from the concerned educational institution
from the to which he or she belongs for a period not less than one
educational academic session and such student shall not be admitted in
institution

any other educational institution during that period.

(2) The authority of the concerned educational institution
shall publish at least in a leading daily news paper of the
State, the detailed description alongwith name, father's name
and permanent address of the student so expelled under
sub-section (1) regarding his or her expulsion, for
information of other educational instititions with a written
intimation to the concerned Unversity, Board or Council as
the case may be, under which the concerned institution is
affiliated to or recognised.

Powers and 6. (1) Without prejudice to the foregoing provisions,
functions of whenever any student or guardian or parent complains of
the head ragging in writing to the head of educational institution, or to
of the any other person responsible for the management of the
educational educational institution concerned, such head of the
institution.

educational institution or person responsible for the
management of the educational institution, as the case may
be, shall enquire into the same immediately and if found

. true, shall suspend the student, who has .committed the
offence, from the educational institution immediately and
after giving the student concerned a reasonable opportunity
or being heard, if the head of the educational institution or
the person responsible for the management of the educational


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###### 6 THE ASSAM GAZETIE. EXTRAORDINARY, JAN. 12. 1999

 institution, as the case may be, is satisfied that the student has committed any offence under this Act, he may either expel or rusticate the student from educational institution for a period of not less than one academic session or may pass such order as deemed fit and proper in the larger interest of the educational institution in particular and for establishing academic discipline in general.

 (2) The decision taken under sub-section (1) by the head of the institution or the person responsible for management of the educational institution, shall be final and binding on the student concerned.

Liability of 7. ( 1) If the head of the educational institution or person
the head responsible for the management of the educational institution
of the fails or neglects to take any action in the manner as provided
Educational

###### in sub-section (1) of Section 6, when a complain of ragging

Institution.

###### is made, such head of the educational institution or the person responsible for management of the educational institution as the case may be, shall be made personally accountable and liable for disciplinary proceeding before the departmental higher authority.

(2) The Government may cause any departmental
###### enquiry .in the matter in case written complaint is received against the head of the institution or the person responsible for management of the educational institution in respect of his failure or negligence as specified in sub-section (1), and take such appropriate action in accordance with the rules of the Government for the time being in force.

Appeal 8. (1) Any student, aggrieved by an order of rustication or

###### expulsion may, prefer an appeal against the order of the head of the educational institution or the person responsible for management of the educational institution, as the case may be, before the Commissioner and Secretary to the Government of Assam, Education Department for setting aside the order of such expulsion or rustication as the case may be, within a period of fifteen days from the date of passing of such order :

 Provided that in the absence of Commissioner and Secretary, the Secretary to the Government of Assam, Education Department shall be the competent authority to entertain, hear and dispose of the appeal.


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(2) After hearing the appeal the Commissioner and

Secretary to the Government of Assam, Education
Department, shall dispose of the appeal within thirty days
from the date of its receipt :md pass appropriate order, in
writing, which shall be final and binding.

Offence to be 9. An offence under this Act shall be Act No. 9
congnizable congnizable and bailable within the meaning of of 1974.
and bailable. the Code of Criminal Procedure, 1973.

Court 10. (1) No Court lower than a Court of Judicial Magistrate
Competent to of the First Clas·s, shall take congnizance of and try an
take offence under this Act.
congn izance.

(2) No Court shall take congnizance of an offence under
this Act, except under complaint in writing made by or at the
instance of the victimised student or on a report in writing by
a police officer not below the rank of a Sub-Inspector.

Power for 11. Offences under this Act may be tried Act No. 2
summary

summarily in the manner provided for summry of 1974.

trial.

trial under the Code of Criminal procedure,
1973.

Compounding . 12. The Offences under this Act shall be compoundable at

## -, the instance of the complainant and the victimised student

either before or after the institution of the proceedings.

Power to 13. (1) The State Government may make rules for carrying
make rules. out all on any of the purposes of this Ac t.

(2) All rules made under this Act shall be published in
the Official Gazette.

(3) All rules made by the State Government under this
Act shall, as soon as may be after they are made, be laid
before the State Legi slature, while it is in session, for a total
period of not less than fourteen days which may .be
comprised in one session or two or ~ore ~uccess1ve
sessions, and shall, unless some later date 1.s app01.nted, take
effect from the date of their publication in the Official Gazette
subject to such modificatio~1s or. annulments as the
Legislature may, during the.s~1d penod agree to m~ke, so
however, that any such mod1f1cauon or .annulm~nt snall be
without prejudice to the validity of anything prev10usly done
thereunder.


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###### 8 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 12. 1999

Repeal and
###### 14. (1) The Assam Prohibition of Ragging Assam
saving.
###### Ordinance, 1998 is hereby repealed. Ordinance

                                         - / No. IV of
1998.

(2) Notwithstanding such repeal anything done or any
###### action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

 M.K.DEKA, Secretary to the Govt. 'of Assam, Legislative Department.

GUWAHATI--Printed & published by the Dy. Director (P&S), Directorate of Ptg. and
Sty. Assam Guwahati-21 (Ex-Gazette) No.3-500-600-12-1-99.


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