ALL
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:-
1. 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.
2. Objectives:-
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.
3. Definitions:-
(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;
4
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.
5. Measures for prevention of ragging:-
It
shall be mandatory for every technical Institution, University, deemed to be
University imparting technical education to take following measures for
prevention of ragging at such institutions.
1.
The advertisement issued for admission
by a technical institution, University including Deemed to be University
concerned and/or the admission authority/ affiliating University/State Govt./UT/Central
Govt. as the case may be, shall clearly mention that ragging is totally banned
and anyone found guilty of ragging and/or abetting ragging is liable to be
punished.
2.
The ‘Prospectus’ and other admission
related documents shall contain directions of the Supreme Court Affiliating
University/admission Authority/State Govt/Central Govt. shall make it mandatory
for the institutions under their jurisdiction to compulsorily incorporate such
information in their ‘Prospectus’. These
Regulations shall be printed in the brochure of admission/instruction booklet
for candidates.
3.
The application form for
admission/enrolment shall have a printed affidavit, preferably both in English
and Hindi and/or in one of the regional languages. The affidavit should be
filled up and signed by the candidate to the effect that he/she is aware of the
law regarding prohibition of ragging as well as the punishments, and that
he/she, if found guilty of the offence of ragging and/or abetting ragging, is
liable to be punished appropriately.
4.
The application form shall also contain
a printed affidavit, preferably both in English and Hindi and/or in one of the
regional languages and the affidavit should be signed by the parent/guardian of
the applicant to the effect that he/she is also aware of the law in this regard
and agrees to abide by the punishment meted out to his/her ward in case the
latter is found guilty of ragging and/or abetting ragging.
5.
The application for admission shall be
accompanied by a document along with the School Leaving Certificate/Character
Certificate which shall include a report on the behavioral patter of the
applicant, so that the institution can thereafter keep intense watch upon the
student who has a negative entry in this regard.
6.
A student seeking admission to the
hostel shall have to submit another affidavit along with his/her application
for hostel accommodation that he/she is also aware of the law in this regard
and agrees to abide by the punishments meted out if he/she is found guilty of
ragging and/or abetting ragging.
7.
Every technical institution, University
including Deemed to be University imparting technical education shall maintain
a proper record of the affidavits obtained to ensure its safe up keep
thereof,including digital copies of the affidavits and such digital copy should
be made available to the AICTE or to an Agency identified/nominated by AICTE.
8.
The AICTE or an Agency
identified/nominated for the purpose and affiliating Universities and
Directorate of Technical Education of the concerned State Govt./UT shall
maintain an appropriate data base of the affidavits in the digital form
obtained from every student at the time of admission to the technical
institutions, Universities including Deemed to be Universities imparting
technical education.
9.
Each batch of freshers should be
divided into small groups and each such group shall be assigned to a member of
staff. Such staff member should interact
individually with each member of the group on daily basis to ascertain the
problems/difficulties, if any faced by the freshers in the Institution and
extend necessary help.
10.
Incase of freshers admitted to a Hostel
it shall be the responsibility of the teacher incharge of the group to co-ordinate
with the warden of the Hostel and to make surprise visits to the rooms in the
hostel where the members of the group are lodged. Freshers should be lodged in a separate
hostel block wherever possible and where such facilities are not available, the
college/institution shall ensure that seniors’ access to freshers’
accommodation is strictly monitored by wardens, Security Guards and Staff.
11.
Every institution should engage or seek
the assistance of professional counselors at the time of admissions to counsel
‘freshers’ in order to prepare them for the life ahead, particularly for
adjusting to the life in hostels. At the commencement of the academic session
the Head of the technical Institution, University including Deemed to be
University imparting technical education shall convene and address a meeting of
various functionaries/agencies, like Wardens, representatives of students,
parents/guardians, faculty, district administration including police, to
discuss the measures to be taken to prevent ragging and steps to be taken to
identify the offenders and punish them suitably.
12.
Every fresher admitted to the technical
Institution, University including Deemed to be University imparting technical
education shall be given a printed information booklet detailing when and whom
he/she has to turn to for help and guidance for various purposes (including
Wardens, Head of the institution, members of the anti–ragging committee,
relevant district and police authorities), addresses and telephone numbers of
such persons/authorities, etc.
13.
The technical institutions, University
including Deemed to be University imparting technical education through the
information booklet mentioned above shall explain to the new entrants the
arrangements for their induction and orientation which promote efficient and
effective means of integrating them fully as students.
14.
The information booklet mentioned above
shall also tell the freshers about their rights as bona fide students and
clearly instructing them that they should desist from doing anything against
their will even if ordered by the seniors, and that they have nothing to fear
as the institution cares for them and shall not tolerate any atrocities against
them.
15.
The information booklet mentioned above
shall contain a calendar of events and activities laid down by the institution
to facilitate and complement familiarization of juniors with the academic
environment of the institution.
16.
To make the community at large and the
students in particular aware of the dehumanizing effect of ragging, and the
approach of the institution towards those indulging in ragging, big posters
(preferably with different colors for the provisions of law, punishments, etc.)
shall be prominently displayed on all Notice Boards of all departments, hostels
and other buildings as well as at vulnerable places Some of such posters shall be of permanent
nature in certain vulnerable places.
17.
The technical Institution, University
including Deemed to be University imparting technical education shall request
the media to give adequate publicity to the law prohibiting ragging and the
negative aspects of ragging and the institutions ‘s resolve to ban ragging and
punish those found guilty without fear or favor.
18.
The technical Institution, University
including Deemed to be University imparting technical education shall identify,
properly illuminate and man all vulnerable locations.
19.
The technical Institution, University
including Deemed to be University imparting technical education shall tighten
security in its premises, especially at the vulnerable places. If necessary, intense policing shall be
resorted to at such points at odd hours during the early months of the academic
session.
20.
The technical Institution, University
including Deemed to be University imparting technical education shall utilize
the vacation period before the start of the new academic year to launch wide
publicity campaign against ragging through posters, information booklets,
seminars, street plays, etc.
21.
The faculties/departments/units of the
technical Institution, University including Deemed to be University imparting
technical education shall have induction arrangements (including those which
anticipate, identify and plan to meet any special needs of any specific section
of students) in place well in advance of
the beginning of the academic year with a clear sense of the main aims and
objectives of the induction process.
22.
Mobile Phones and other communication
devices may be permitted in residential areas including hostels to provide
access to the students particularly freshers, to reach out for help from
teachers, parents and Institution authorities.
6. Monitoring mechanism in technical
institution, University including Deemed to be University imparting technical
education:-
a) Anti-ragging
Committee: Every institution University including Deemed to be University
imparting technical education shall
constitute a Committee to be known as the Anti-ragging Committee to be
nominated and headed by the Head of the Institution, and consisting of
representatives of civil and police administration, local media, Non Government
Organizations involved in youth activities, representatives of faculty members,
representatives of parents, representatives of students belonging to the
freshers’ category as well as senior students, non-teaching staff; and shall
have a diverse mix of membership in terms of level as well as gender.
b) It shall be
the duty of the Anti-Ragging Committee to ensure compliance with the provisions
of these Regulations as well as the provisions of any law for the time being in
force concerning ragging; and also to monitor and oversee the performance of
the Anti-Ragging Squad in prevention of ragging in the institution.
c) Anti-Ragging
Squad: Every institution University including Deemed to be University
imparting technical education shall
also constitute a smaller body to be known as the Anti-Ragging Squad to be
nominated by the Head of the Institution with such representation as may be
considered necessary for maintaining vigil, oversight and patrolling functions
and shall remain mobile, alert and active at all times. Provided that the
Anti-Ragging Squad shall have representation of various members of the campus
community and shall have no outside representation.
d) It shall be
the duty of the Anti-Ragging Squad to be called upon to make surprise raids on
hostels, and other places vulnerable to incidents and having the potential for
ragging and shall be empowered to inspect such places.
e) It shall also
be the duty of the Anti-Ragging Squad to conduct an on-the-spot enquiry into
any incidents of ragging referred to it by the Head of the institution or any
member of the faculty or any member of the staff or any student or any parent
or guardian or any employee of a service provider or by any other person, as
the case may be; and the enquiry report along with recommendations shall be
submitted to the Anti-Ragging Committee for action. Provided that the
Anti-Ragging Squad shall conduct such enquiry observing a fair and transparent
procedure and the principles of natural justice and after giving adequate
opportunity to the student or students accused of ragging and other witnesses
to place before it the facts, documents and views concerning the incidents of
ragging, and considerations such other relevant information as may be required.
f) Mentoring Cell: Every institution
shall, at the end of each academic year, in order to promote the objectives of
these Regulations, constitute a Mentoring Cell consisting of students
volunteering to be Mentors for freshers, in the succeeding academic year; and
there shall be as many levels or tiers of Mentors as the number of batches in
the institution, at the rate of one Mentor for six freshers and one Mentor of a
higher level for six Mentors of the lower level.
g) Monitoring Cell on Ragging:- The State
Govt./UT and the affiliating University
shall set up a Monitoring Cell on Ragging to coordinate with the institutions
to monitor the activities of the Anti-Ragging Committees, Squads , and
Mentoring Cells, regarding compliance with the instructions on conducting
orientation programmes, counseling sessions, etc., and regarding the incidents
of ragging, the problem faced by wardens and other officials, etc. This Cell
shall also review the efforts made by such institutions to publicize
anti-ragging measures, cross-verify the receipt of affidavits from
candidates/students and their parents/guardians every year, and shall be the
prime mover for initiating action by the University authorities to suitably
amend the Statutes or Ordinances or Bye-laws to facilitate the implementation
of anti ragging measures at the level of the institution.
h) The Monitoring Cell shall coordinate with the
the institutions, universities including deemed to be universities imparting
technical education to achieve the objectives of these Regulations; and the
Monitoring Cell shall call for reports from the Heads of institutions in regard
to the activities of the Anti-Ragging Committees, Anti-Ragging Squads, and the
Mentoring Cells at the institutions, and it shall also keep itself abreast of
the decisions of the Anti-Ragging Committees etc.
i) The
Monitoring Cell shall also review the efforts made by institutions to publicize
anti-ragging measures, soliciting of affidavits from parents/guardians and from
students, each academic year, to abstain from ragging activities or willingness
to be penalized for violation; and shall function as the prime mover for
initiating action for amending the Statues or Ordinances or Bye-laws to
facilitate the implementation of anti-ragging measures at the level of the
institution.
7. Action to be taken against the Principal or the Head of the
Institution/Faculty Members/Non-Teaching staff of technical institution,
Universities including Deemed to be Universities imparting technical education.
1.
The Head of the Institution along with
other administrative authorities should take adequate measures for prevention
of ragging. Any lapse on the part of these authorities shall make them liable
for criminal action for negligence of duty.
The technical Institution, University including Deemed to be University
imparting technical education should incorporate a clause in their letter of
appointment that the Director, Faculty and other administrative Heads should
ensure all possible steps for prevention of ragging in the premises of the
educational institutions, and that they are liable for action, in case of
non-compliance.
2.
The Principal or Head of the
Institution/Department shall obtain an affidavit from every employee of the Institution
including teaching/non-teaching staff, contract labor employed in the premises
either for running canteen or as watch and ward staff or for cleaning or
maintenance of the building, lawns etc. that he/she would report promptly any
case of ragging which comes to his/her notice.
A provision shall be made in the service rules for issuing certificates
of appreciation to such members of the staff who report ragging which will form
part of their service records.
3.
Departmental enquiries shall be
initiated, in addition to penal consequences against such heads of the
Institution/Faculty members/non-teaching staff who display an apathetic or
insensitive attitude towards complaints of ragging and would not take timely
steps in the prevention of ragging and punishing those who rag.
4.
The Principal
or the Head of the Institution/Faculty Members/Non-Teaching staff, if found
negligent in taking necessary measures for ensuring safety of students and
preventing the ragging would be declared unfit for holding any post in any
technical institution, University including Deemed to be University imparting
technical education.
8. 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.
9 Action to be taken against the technical Institution, University
including Deemed to be University imparting technical education which fail to
take measures for prevention of ragging:-
1.
Role of the concerned technical
institutions, Universities including Deemed to be Universities imparting
technical education shall be open to scrutiny for the purpose of finding out
whether they have taken effective steps for preventing ragging and action taken
against provision indulged and/or abetting ragging. The Council shall
constitute Committees to inspect technical institutions, Universities including
Deemed to be Universities imparting technical education to verify the status of
anti ragging measures and to investigate specific instances of ragging and take
appropriate action.
2.
The technical Institution, University
including Deemed to be University
imparting technical education should submit an affidavit along with its
compliance report submitted to AICTE annually with details of measures taken
for prevention of ragging in technical institutions. The Compliance Report should also contain the
details of the instances of ragging and action taken against students, and
others for indulging and abetting ragging.
3.
All Letters of Approval issued by AICTE
such as extension of approval letters, letters issued for additional courses/increase
in intake and letters issued for new technical institutions, release of grants,
letters of approval issued to integrated campus, second shift etc. shall contain
a specific clause of prevention of ragging.
4.
The AICTE shall, in respect of any institution that fails
to take adequate steps to prevent ragging or fails to act in accordance with
these Regulations or fails to punish perpetrators or incidents of ragging
suitably, take one of more of the following measures, namely;
i. No
admission/Withdrawal of approval granted
under section 10(k) of AICTE Act.
ii.
Withholding any grant allocated.
iii.
Declaring the institution ineligible
for consideration for any assistance under any of the general or special
assistance programmes of the AICTE.
iv.
Informing the general public, including
potential candidates for admission, through a notice displayed prominently in
the newspapers or other suitable media and posted on the website of the AICTE,
declaring that the institution does not possess the minimum academic standards.
v.
Taking such other action within its
powers as it may deem fit and impose such other penalties as may be provided in
the Act for such duration of time as the institution complies with the
provisions of these Regulations.
5.
As regards the Universities including
Deemed to be Universities imparting technical education the actions proposed to
be taken such as stopping release of grants, withdrawal of approval/recognition
will be sent to University Grants Commission (UGC), Ministry of Human Resource Development
(MHRD), Govt. of India and the concerned State Govt./UT. The UGC, MHRD Govt. of India, and the State
Govt./UT concerned shall initiate immediate action on the recommendations of
the Council.
10. Duties
and Responsibilities of the All
a) All India
Council for technical Education, or the Central Government or the agency
authorized for the purpose shall establish, fund and operate, a toll-free
Anti-Ragging Helpline, operational round the clock, which could be accessed by
students in distress owing to ragging related incidents.
b) Any distress
message received at the Anti-Ragging Helpline shall be simultaneously relayed
to the Head of the Institution, the Warden of the Hostels, the Nodal Officer of
the affiliating University, if the incident reported has taken place in an
institution affiliated to a University, the concerned District authorities and
if so required, the District Magistrate, and the Superintendent of Police, and
shall also be web enabled so as to be in the public domain simultaneously for
the media and citizens to access it.
c) The Head of
the institution shall be obliged to act immediately in response to the
information received from the Anti-Ragging Helpline as at sub-clause (b) of
this clause.
d) The telephone
numbers of the Anti-Ragging Helpline and all the important functionaries in
every institution, Heads of institutions, faculty members, members of the
anti-ragging committees and anti- ragging squads, district and sub-divisional
authorities and state authorities, Wardens of hostels, and other functionaries
or authorities where relevant, shall be widely disseminated for access or to
seek help in emergencies.
f) The All India
Council for technical Education, the
Central Government or the agency authorized for the purpose shall maintain an appropriate data base to be
created out of affidavits, affirmed by each student and his/her
parents/guardians and stored electronically by the institution; and such
database shall also function as a record of ragging complaints received, and
the status of the action taken thereon.
g) The All India
Council for technical Education, the
Central Government or the agency authorized for the purpose shall make available the database to a non-governmental agency to be nominated by
the Central Government, to build confidence in the public and also to provide
information of non compliance with these Regulations to the Councils and to
such bodies as may be authorized by the All India Council for technical
Education/Central Government.
11. The All India Council for technical
Education shall take the following regulatory steps, namely;
a) The All India
Council for technical Education shall make it mandatory for the institutions to
incorporate in their prospectus, the directions of the Central Government or
the State Level Monitoring Committee with regard to prohibition and
consequences of ragging, and that non-compliance with these Regulations and
directions so provided, shall be considered as lowering of academic standards
by the institution, therefore making it liable for appropriate action.
b) The All India
Council for technical Education shall verify that the institutions strictly
comply with the requirement of getting the affidavits from the students and
their parents/guardians as envisaged under these Regulations.
c) The All India
Council for technical Education shall include a specific condition in the
Utilization Certificate, in respect of any financial assistance or
grants-in-aid to any institution under any of the general or special schemes of
the All India Council for technical Education, that the institution has
complied with the anti-ragging measures.
d) Any incident
of ragging in an institution shall adversely affect its accreditation, ranking
or grading by National Board of Accreditation or by any other authorised
accreditation agencies while assessing the institution for accreditation,
ranking or grading purposes.
e) The All India
Council for technical Education shall constitute an Inter-Council Committee,
consisting of representatives of the various Councils, the Non-Governmental
agency responsible for monitoring the database maintained by the All India
Council for technical Education/Central Government and such other bodies in higher education, to
coordinate and monitor the anti-ragging measures in institutions across the
country and to make recommendations from time to time; and shall meet at least
once in six months each year.
f) The All
India Council for technical Education shall institute an Anti-Ragging Cell
within the AICTE as an institutional mechanism to provide secretarial support
for collection of information and monitoring, and to coordinate with the State
Level Monitoring Cells and University Level Committees for effective
implementation of anti-ragging measures, and the Cell shall also coordinate
with the Non-Governmental agency responsible for monitoring the database
maintained by the All India Council for technical Education/central Government.
(Member Secretary)