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An Act to
prohibit ragging in educational institutions in the State of
Maharashtra WHEREAS it is expedient to-enact a special law to
prohibit ragging in educational institutions in the State of
Maharashtra. It is hereby enacted in the Fiftieth Year of the
Republic of India as follows :
(1) Short title and commencement
* This Act may be called the Maharashtra Prohibition of Ragging Act,
1999.
* It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.
2) Definitions :
1. “educational institution” means and includes a college, or other
institution by whatever name called, carrying on the activity or
imparting education therein (either exclusively or among other
activities); and includes an orphanage or a boarding home or hostel
or a tutorial institution or any other premises attached thereto;
2. “head of the educational institution” mean the Vice-Chancellor of
the University, dean of Medical Faculty, Director of the Institution
or the Principal, headmaster or the person responsible for the
management of the educational institution;
3. “ragging” means display of disorderly conduct, doing of any act
which causes or is likely to cause physicaly of disorderly conduct,
doing of any act. which causes or is likely to cause physical
psychological harm or raise apprehension or fear or shame or
embarrassment to a student in any educational institution and
includes.
(i) teasing, abusing, threatening or playing practical jokes on, or
causing hurt to, such student; or
(ii) asking a student to do any act or perform something which such
student will not, in the ordinary course, willingly, do.
(3) Prohibition of ragging :
Ragging within or outside of any educational institution is
prohibited.
(4) Penalty for ragging :
Whoever directly or indirectly commits, participates in, abets or
propagates ragging within or outside any education institution
shall, on conviction, be punished with imprisonment for a term which
may extend to years and shall also be liable to a fine which may
extend to ten thousand rupees.
(5) Dismissal of student (5) Dismissal of student :
Any student convicted of an offence under section 4 shall be
dismissed from the educational institution and such student shall
not be admitted in any other educational institution for a period of
five years from the date of order of such dismissal.
(6) Suspension of student :
1. Whenever any student or, as the case may be, the parent or
guardian, or a teacher of an educational institution complains, 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 seven days of the receipt of the
complaint, enquire into the matter mentioned in the complaint and
if; prima facie, it is found true, suspend the student who is
accused of the offence, and shall, immediately forward the complaint
to the police station having jurisdiction.
2. Where, on enquiry by the head of the educational institution, it
is proved that there is no substance, prima facie, in the complaint
received under sub-section
(1), he shall intimate the fact, in writing, to the complainant.
3. The decision of the head of the educational institution that the
student has indulged in ragging under sub-section (1), shall be
final.
(7) Deemed abetment :
If the head of the educational institution fails or neglects to take
action in the manner specified in section 6 when a complaint of
ragging is made, such person shall be deemed to have abetted the
offence of ragging arid shall, on conviction, be punished as
provided for in section 4. Power to make rules.
(8) (1) The State Government may, by notification in the Official G,
Zette, amend for carrying out all or any of the purposes of this
Act.
(2) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before each Houses of the State Legislature, while
it is in session for total period of thirty days, which may be
comprised in one session or in two or more successive sessions, arid
if; before the expiry of the session in which it is so laid or the
session immediately following, both houses agree in making any
modification in the rules or both Houses agree shall from the date
of publication of such notification, 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 or omitted to be done
under that rule.
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