ALL INDIA COUNCIL FOR TECHNICAL EDUCATION New Delhi NOTIFICATION Dated 01-07-2009
Sub:Prevention and prohibition of Ragging in technical Institutions, Universities including Deemed to be Universities imparting technical education.
F.No.37-3/Legal/AICTE/2009 – In exercise of the powers conferred under Section 23 read with Section 10 (b), (g), (p) and (q) of AICTE Act, 1987, the All India Council for Technical Education, hereby makes the following Regulations:-
Short title and commencement:-
(i) These Regulations may be called the All India Council for Technical Education (Prevention and Prohibition of Ragging in Technical Institutions, Universities including Deemed to be Universities imparting technical education) Regulations 2009.
(ii) They shall come into force on the date of the notification.
In view of the directions of the Hon’ble Supreme Court in SLP No. 24295 of 2006 dated 16-05-2007 and in Civil Appeal number 887 of 2009, dated 08-05-2009 to prohibit, prevent and eliminate the scourge of ragging including any conduct by any student or students whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness a fresher or any other student, or indulging in rowdy or undisciplined activities by any student or students which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in any fresher or any other student or asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student, with or without an intent to derive a sadistic pleasure or showing off power, authority or superiority by a student over any fresher or any other student, in all higher education institutions in the country, and thereby, to provide for the healthy development, physically and psychologically, of all students, the All India Council for Technical Education,(AICTE) brings forth these Regulations.
(a) ‘Act’ means the All India Council for Technical Education Act 1987 (52 of 1987);
(b) ‘Technical Institution’ means an institution of Government, Government Aided and Private (self financing) conducting the courses/programmes in the field of technical education, training and research in Engineering, Technology including MCA, Architecture, Town Planning, Management, Pharmacy, Hotel Management & Catering Technology, Applied Arts & Crafts and such other programmes and areas as notified by the Council from time to time;
(c) ‘University’ means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution deemed to be a University under section 3 of that Act.
(d) ‘Academic year’ means the period from the commencement of admission of students in any course of study in the institution up to the completion of academic requirements for that particular year.
(e) ‘Head of the institution’ means the Vice-Chancellor in case of a university or a deemed to be university, the Principal or the Director or such other designation as the executive head of the institution or the college is referred.
(f) ‘Fresher’ means a student who has been admitted to an institution and who is undergoing his/her first year of study in such institution.
(g) Words and expressions used and not defined herein but defined in the Act or in the General Clauses Act, 1887, shall have the meanings respectively assigned to them in the Act or in the General Clauses Act, 1887, as the case may be. And
(h) All other words and expressions used herein and not defined but defined in the All India Council for Technical Education Act, 1987 (52 of 1987), shall have the meanings respectively assigned to them in the said Act;
What constitutes Ragging: – Ragging constitutes one or more of any of the following acts:
a. any conduct by any student or students whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness a fresher or any other student;
b.indulging in rowdy or undisciplined activities by any student or students which causes or is likely to cause annoyance, hardship, physical or psychological harm or to raise fear or apprehension thereof in any fresher or any other student;
c.asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student;
d. any act by a senior student that prevents, disrupts or disturbs the regular academic activity of any other student or a fresher;
e.exploiting the services of a fresher or any other student for completing the academic tasks assigned to an individual or a group of students.
f. any act of financial extortion or forceful expenditure burden put on a fresher or any other student by students;
g. any act of physical abuse including all variants of it: sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health or person;
h. any act or abuse by spoken words, emails, posts, public insults which would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to fresher or any other student;
i. any act that affects the mental health and self-confidence of a fresher or any other student with or without an intent to derive a sadistic pleasure or showing off power, authority or superiority by a student over any fresher or any other student.
Measures for prevention of ragging:-
It shall be mandatory for every technical Institution, University, deemed to be University imparting technical education to take measures for prevention of ragging at such institutions.
6. Actions to be taken against students for indulging and abetting ragging in technical institutions Universities including Deemed to be University imparting technical education:-
1. The punishment to be meted out to the persons indulged in ragging has to be exemplary and justifiably harsh to act as a deterrent against recurrence of such incidents.
2.Every single incident of ragging a First Information Report (FIR) must be filed without exception by the institutional authorities with the local police authorities.
3. The Anti-Ragging Committee of the institution shall take an appropriate decision, with regard to punishment or otherwise, depending on the facts of each incident of ragging and nature and gravity of the incident of ragging.
4.a) Depending upon the nature and gravity of the offence as established the possible punishments for those found guilty of ragging at the institution level shall be any one or any combination of the following:-
(i) Cancellation of admission
(ii) Suspension from attending classes
(iii) Withholding/withdrawing scholarship/fellowship and other benefits
(iv) Debarring from appearing in any test/examination or other evaluation process
(v) Withholding results
(vi) Debarring from representing the institution in any regional, national or international meet, tournament, youth festival, etc.
(vii) Suspension/expulsion from the hostel
(viii) Rustication from the institution for period ranging from 1 to 4 semesters
(ix) Expulsion from the institution and consequent debarring from admission to any other institution.
(x) Collective punishment: when the persons committing or abetting the crime of ragging are not identified, the institution shall resort to collective punishment as a deterrent to ensure community pressure on the potential raggers.
( b) An appeal against the order of punishment by the Anti-Ragging Committee shall lie,
i. In case of an order of an institution, affiliated to or constituent part, of the University, to the Vice-Chancellor of the University;
ii. In case of an order of a University, to its Chancellor.
iii. In case of an institution of national importance created by an Act of Parliament, to the Chairman or Chancellor of the institution, as the case may be.
5. The institutional authorities shall intimate the incidents of ragging occurred in their premises along with actions taken to the Council form time to time.