West Bengal Prohibition of Ragging in Educational Institutions Act, 2000

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 1114-L. Dated 29th May, 2000

NOTIFICATION

West Bengal Act XIII of 2000
THE WEST BENGAL PROHIBITION OF RAGGING IN EDUCATIONAL INSTITUTIONS ACT, 2000.

An Act to prohibit ragging in educational institutions in West Bengal.

Whereas it is expedient to prohibit ragging in educational institutions in West Bengal;

It is hereby enacted in the Fifty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. Short title, extent and commencement.

(1) This Act may be called the West Bengal Prohibition of Ragging in Educational Institutions Act, 2000.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may by notification appoint.

2. Definitions.

In this Act, unless the context otherwise requires,-

(1) “educational institution” means any educational institution, by whatever name called, whether or not maintained and managed by the State Government,-

(a) recognised or deemed to have been recognised under any law for the time being in force, or

(b) affiliated to a University as defined in the University Grants Commission Act, 1956;

(2) “notification” means a notification published in the Official Gazette;

(3) “prescribed” means prescribed by rules made under this Act;

(4) “ragging” means the doing of any act which causes, or is likely to cause, any physical, psychological or physiological harm or apprehension or shame or embarrassment to a student, and includes-

(a) teasing or abusing of, playing practical joke on, or causing hurt to, any student, or

(b) asking any student to do any act, or perform any thing, which he would not. in the ordinary course, be willing to do or perform;

(5) “student” means a student who has been prosecuting his studies in an educational institution.

3. Prohibition of ragging.

(1) Ragging within an educational institution is hereby prohibited.

(2) No person shall participate in, abet, or propagate, ragging in any educational institution.

Explanation.- For the purposes of this section, educational institution shall include-

(a) the premises or the campus of the educational institution, or

(b) the hall, that is to say, the unit of residence of students maintained by the educational institution, if any, or

(c) the hostel, that is to say, the unit of residence for students, if any, not maintained by the educational institution but recognised under any law for the time being in force.

4. Penalty for ragging.

Whoever contravenes the provisions of section 3 shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.

5. Dismissal of student on conviction and bar to admission or re-admission.

If any student is convicted of an offence punishable under section 4, he shall be dismissed from the educational institution in which he has been prosecuting his studies for the time being, and shall not be re-admitted to that educational institution.

6. Expulsion of student.

Without prejudice to the foregoing provisions of this Act, where a student complains of ragging by any other student to the head of the educational institution or to any other person responsible for the management of the educational institution, such head of the educational institution or person responsible for the management of the educational institution shall forthwith inquire into the complaint and if. on such enquiry, the complaint is found to be true, he shall expel the student, who has committed the offence, from the educational institution.

7. Constitution of Committee.

Notwithstanding anything contained in section 5 or section 6, any student dismissed under section 5 or expelled under section 6, may appeal in the prescribed manner to the Committee to be constituted by the State Government in the manner prescribed, and the decision of the Committee on such appeal shall be final.

8. Failure or negligence 10 comply with the provisions of section 6.

(1) If the head of the educational institution or the person responsible for the management of the educational institution fails or neglects to comply with the provisions of section 6. a complaint of such failure may be made to the Committee, constituted under section 7. by the student who complains of ragging under section 6 or by his guardian.

Explanation.- “Guardian” shall mean a person having the care of the student or any other person who has been declared to be the guardian of the student in the record, if any, maintained by the educational institution.

(2) On receipt of the complaint under sub-section (1), the Committee shall hold such inquiry as it may deem fit and shall make its recommendations to the managing committee or the governing body of the educational institution or such authority as the Committee considers appropriate and. thereupon, the managing committee or the governing body of the educational institution or the authority, as the case may be, shall take action in accordance with the recommendations as aforesaid.

9. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

10. Power to make rules.

(1) The State Government may by notification make rules for carrying out the purposes of this Act.

(2) All rules made under this Act shall, unless some later date is appointed by the State Government, come into force on the date of their publication in the Official Gazette.

By order of the Governor,

S. MAITRA
Special Officer & ex officio
Jt. Secy. to the Govt. of West Bengal

No. 1114-L dated 29.05.2000, Source