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fearac3 ana 2009 wa ar eer forad oro farsa ver shafts den RAT @T Wierda) 2009 HT WEAGA BairMaa ara & war & fore Ren ghar) are 8) Wor ale aa at oRReftar fren ar atk otk aff ear OF at ater wedi &, forg tafe 4 Yfirr oO get gE th 4 os (Pe) or wage oe 81 wa Hf 4 cit Aaa ates, atere 4 it Bt ware wen, fri vas wra st yey a we of, daft Geral Yr at Ra Geers) dea fee fear 21 YT ar aa Gen) 4 haa Arg wiersr & & aftg wrt & fea ak aqerea we A ware sem 3) We A vers Ret feu wes aera a yafta ar fear 2) Wit 4 afer oni aféa, ay oi af aad sik WATTS AG GH WT FAI BT wa a faa sf wl soca vet aw fH write fear 4 wt sear as 2} fare Seat 3 weary 81 t safer ga urifie war 4 GEA) S aeraB wey Fafte teri 4 WT oS R ar wW Pasay ay ow fag get fay SAT Aas TA 81 ARA H wares 4 2009at fafaaaia eer: 887 aaa: aie aera warm oreqec, itive,axa wes saat A aay areer ares 11 Head, 2009 F ensit F IAT | GR a tert fay geq wT vem eg ote cron ak wey aon atafaqa fee unt feu aa: voted & gfena wer weg A went FRA a Re ager Gen) a Pay a sua ae fey fareae or fatear fear var 2 | foes, sent A MAT ataa, at ug ay erat @ aie ar cue oe 2 a de woGenera) grr ar ari—fter erer werd Roe (ea) wetor Sree Gra sie yar ave sik GAM aera, arerare orale dhaay de dl at wal ate quay 8 Gl vars sae woe aH aT a WaT a at@ fey wear 2 weer ( B Bt Rated Herftras= aI fearaet atk fspraa urferanfRat | | BUTT tie fers wa aa A set off sik aka wea srazaa et war on, galery WER HI Wowie ERT, ARG H B sqwe 213 H Wve(4) @ aria weer ween rT ar stearesr, 2009 (2009 aTMAN Weis 1) 25-09-2009 a weenfta faear war en atte fore welt athe atfears wes A wafer fea war a | fearaet 3 ara eft, fret Aah | AUTHORITATIVE ENGLISH TEXT ORDINANCE No. 11.of 2009 THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS (PROHIBITION OF RAGGING) ORDINANCE, 2009 Promulgated by the Governor ofHimachal Pradesh in the Sixtieth Year of © the Republic ofIndia.
An Ordinance to provide for prevention of the evil practice of ragging in educational institutions in the State of Himachal Pradesh.
WHEREAS the Legislative Assembly of Himachal Pradesh is not in session and the Governor of Himachal Pradesh is satisfied that circumstances exist which render it necessary for her to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of — article 213 of the Constitution of India, the Governor ofHimachal Pradesh is pleased to promulgate the following Ordinance :—
1. Short title—This Ordinance may be called the Himachal Pradesh Educational Institutions (Prohibition ofRagging) Ordinance, 2009.
2. Definitions—In this Ordinance, unless the context otherwise requires,—
(a) “educational institution” means any University, any College affiliated to or maintained by the University, any school imparting secondary education, any school, Polytechnic or institution imparting technical education and includes such other institutions as may be notified by the State Government in the Official Gazette;
(b) “Officer-in-Charge” means and includes person appointed as the Principal of College, Head of Hostel, Dean of Faculty, Head of Teaching Department or the institution, the authority of the College, Warden or Manager (by whatever name called) of Hostel or canteen, the Student Welfare Officer or the Librarian of the College and University Library, Principal, Headmaster, Warden, Manager or teacher of the educational institution;
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(c) “ragging” means any act, conduct or practice by which dominant power of senior students, former students or outsiders, is brought to bear on students freshly enrolled or students who are in any way considered junior by other students and includes individual or collective acts or practices which— () involve physical or psychological assault or threat or use of force or wrongful confinement or restraint; or _ @i) violate the status, dignity and honour of such students; or
(iii) expose students to ridicule and contempt and affect their'selfesteem; or
(iv) entail verbal abuse and aggression, indecent gestures and obscene behaviour.
3. Prohibition of ragging.—{1) No person shall practise ragging in any form, within or outside the premises of an educational institution. .
_
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment fora term which may extend to 3 yearsor with fine which may extend to fifty thousand rupees or with both.
4. Duties ofcertain persons to check and report incidents ofragging.—(1) Notwithstanding anything contained in any law for the time being in force or in any contract, every person who is the Officer-in-Charge of the educational institution or who is in the service or pay of or remunerated by the educational institution to do any work assigned to him in connection with the maintenance of discipline therein, shall be bound to take immediate action on the occurrence of any incident of raggingand to make report to the Vice Chancellor or to any other officer authorised by him,in case of the University, or the Head of the educational institution, in case of the institution other than the University, the identity of those who have engaged in ragging and the nature of the incident;
(2) Every single incident of ragging where the victim or his parents or guardian or the Head of educational institution is not satisfied with the institutional arrangement for action, a First Information Report shall be filed without exceptionby the institutional authorities with the local police authorities.
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(3) Any failure on the part of the institutional authority or negligence or deliberate delay in lodging the First Information Report with the local police shall be construed to be an act of culpable negligence on the part of the institutional authority.
(4) If any victim or his parent or guardian intends to file First Information Report directly with the police that shall not absolve the institutional authority from the requirement of filing the First Information Report.
(5) Any person who contravenes the provisions of sub-section (1) or subsection (2) or sub-section (3) shall, on conviction, be punished with imprisonment for a term which may extend to one year or a fine which may extend to ten thousand rupees, or with both.
5. Abetment of offences under section 3.—Whoever being a Head of educational institution or an officer, directly or primarily in-charge of supervision for the proper maintenance of discipline in the educational institution, knowingly omits to check and report or connives or abets the commission of the offence under section 3 shall be punished for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both.
6. Offences to be cognizable, nonbailable and compoundable.—Every offence under this Ordinance shall be cognizable, nonbailable and compoundable with the permission of the court.
7. Expulsion of student—{1) Any student convicted of an offence under this Ordinance shall be expelled from the educational institution.
(2) Student expelled under sub-section (1) or expelled otherwise on account of ragging shall not be admitted in any other educational institution for a period of three years from the date of order of such expulsion.
8. Suspension of student.—(1) Whenever any student or, as the case may be, the parents or guardian or a teacher of an educational institution or an Officer-in- Charge makes a complaint, in writing, of ragging to the head of the educational institution, the head of that educational institution shall, without prejudice to the foregoing provisions, within twenty four hours of the receipt of the complaint, enquire into it and, if, primafacie, it is found true, suspend the student found guilty.
(2) Where, on enquiry by the head of the educational institution, it isproved that prima facie there is no substance in, the complaint received under sub-section (1), he shall intimate the fact, in writing, to the complainant.
9. Power of the State Government to give directions.—The StateGovernment may, in public interest, by order in writing for reasons to be statedtherein, give to the educational institutions general instructions to be followed bysuch institutions and such instructions may, notwithstanding anything contained inthe Himachal Pradesh University Act, 1970 (17 of 1970) and the Himachal PradeshUniversities of Agriculture, Horticulture and Forestry Act, 1986 (4 of 1987), theJaypee University of Information Technology Act, 2002 (14 of 2002), the ChitkaraUniversity (Establishment and Regulation) Act, 2008 (2 of 2009), the EternalUniversity (Establishment and Regulation) Act, 2008 (3 of 2009), any Universityestablished by Law in the State in private and public sector, the Himachal PradeshBoard of School Education Act, 1968 (14 of 1968), the Himachal Pradesh Board ofTechnical Education Act, 1986 (14 of 1986), the Societies Registration Act, 1860(21 of 1860) and the Himachal Pradesh Societies Registration Act, 2006 (Act No.-25of 2006), include directions to make or amend any Ordinances, Statutes, regulations,tules, bye-laws relating to the prohibition of and the punishment for ragging, in suchform and within such period as may be specified in such order.
10. Provisions not to be derogatory to certain laws.—The provisions ofthis Ordinance shall be in addition to and not in derogation of the Indian Penal Code,1860 (45 of 1860), the Code of Criminal Procedure, 1973 (2 of 1974), and thestatues framed under the Himachal Pradesh University Act, 1970 (Act No. 17 of1970), the Himachal Pradesh Universities of Agriculture, Horticulture and ForestryAct, 1986 (4 of 1987), the Jaypee University of Information Technology Act, 2002(14 of 2002), the Chitkara University (Establishment and Regulation) Act, 2008 (2of 2009), the Eternal University (Establishment and Regulation) Act, 2008 (3 of2009), any University established by Law in the State in private and public sector,the Himachal Pradesh Board of School Education Act, 1968 (14 of 1968), theHimachal Pradesh Board of Technical Education Act, 1986 (14 of 1986), theSocieties Registration Act, 1860 (21 of 1860) and the Himachal Pradesh SocietiesRegistration Act, 2006 (Act No. 25 of 2006).
11. Power to make rules—The State Government may, by notification,make rules for carrying out the purposes of this Ordinance.
12. Laying of rules and orders.—Every order issued under section 9 andrules made under section 11 shall be laid, as soon as may be after it is issued or 10 made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule, or as the case may be, in the order, or decides that the rule or the order, as the case may be, should not be issued or made, the rule or as the case may be, the order, shall thereafter 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 under that rules or as the case may be, under that order.
(PRABHA RAO), Governor.
(A.C. DOGRA), Secretary (Law).
SHIMLA, The March, 2009.
STATEMENT EXPLAINING THE CIRCUMSTANCESWHICH HAS NECESSITATED THE PROMULGATION OF THE HIMACHAL PRADESH EDUCATIONAL INSTITUTIONS (PROHIBITION OF RAGGING) ORDINANCE, 2009 Education is the basic factor for overall development of human beings. The social-economic conditions of the State and the Country require more attention towards education, but with the rising incidents of ragging in the educational institutions, the junior students feel unsecured in such institutions. The recent shocking incident of ragging in Tanda Medical College, Dharamsala where a student has died has shown the worst face of ragging in the educational institutions.
The practice of ragging is not only subversive of human dignity but also prejudicially affects the interest of the students and the discipline in such institutions. This indiscipline has polluted the healthy environment needed for good 11 education. The ragging has taken the form of subjecting freshers including femalestudents to inhuman and humiliating treatment degenerating even into physicalviolence.
Thus, in order to combat this social menace, it has become immediateneed to enact a law to control the evil practice of ragging in educational institutionsin the State. The Hon’ble Supreme Court of India in Civil Appeal No. 887 of 2009titled as University of Kerala Vs Council, Principal, Colleges, Kerala and othersvide its order dated 11" February, 2009 has also issued certain directions to theCentral and the State Governments to take immediate steps to curb the menace ofragging in the educational institutions. Thus, in view of the above, it was decided toenact a law which may provide for prevention of evil practice of ragging ineducational institutions in the State of Himachal Pradesh. The legislation providesfor checking of ragging in the educational institutions, suspension and expulsion ofstudents found guilty and provisions for registration of FIR by the institutionalauthorities or by the parents and provisions of deterrent punishment and fine whichmay extend up-to three years of imprisonment and fine up-to fifty thousand rupeesor with both.
Since, the legislative Assembly was not in session and the action wasrequired to be taken urgently, therefore, the Himachal Pradesh EducationalInstitutions (Prohibition of Ragging) Ordinance, 2009 (Ordinance No..1 of 2009)was promulgated under clause (1) of article 213 of the Constitution of India by theGovernor of Himachal Pradesh on 25.03.2009 and was published in RajpatraHimachal Pradesh on the same date.
ISHWAR DASS DHIMAN,‘EDUCATIONMINISTER.
SHIMLA:
|The 2009.
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