Jammu and Kashmir Prohibition of Ragging Act, 2011

No: 6 Dated: Apr, 13 2011

THE JAMMU AND KASHMIR PROHIBITION OF RAGGING ACT, 2011

(Act No. VI of 2011)

    An Act to prohibit ragging in educational institutions in the State 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 Government 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 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 State 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 State 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.

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 a no substance in the complaint received under sub-section (1), he shall intimate the fact in writing to the complainant.