The Jammu and Kashmir Prohibition of Ragging Act, 2011

PROHIBITION OF RAGGING
ACT, 2011

(Act No. VI of 2011)



THE JAMMU AND KASHMIR PROHIBITION OF
RAGGING ACT, 2011

(Act No. VI of 2011)

CONTENTS

SECTION. SECTION.

1. Short title and commencement.

2. Definitions.

3. Prohibition of ragging.

4. Penalty for ragging.

5. Procedure for making a complaint.

6. Deemed abetment.

7. Removal from rolls of educational
institution.

8. Suspension of the student.

9. Prevention of ragging in educational
institutions.

10. Provision of the Act to be in
addition to other laws.

11. Power to remove difficulties.

12. Power to make rules.

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PROHIBITION OF RAGGING ACT, 2011 5

THE JAMMU AND KASHMIR PROHIBITION OF
RAGGING ACT, 2011

(Act No. VI of 2011)

[Received the assent of the Governor on 9th April, 2011 and published
in Government Gazette dated 13th April, 2011].

An Act to prohibit ragging in educational institutions in the State of
Jammu and Kashmir.

Be it enacted by the Jammu and Kashmir State Legislature in Sixty-
second Year of Republic of India as follows :—

1. Short title and commencement.—(1) This Act may be called the Jammu
and Kashmir Prohibition of Ragging Act, 2011.

(2) It shall come into force on the date of publication in the Government
Gazette.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Act” means the Jammu and Kashmir Prohibition of Ragging Act,
2011 ;

(b) “educational institution” means and includes a University, College
and any other institution, by whatever name called, whether a
private or Government educational institution, carrying on the
activity of imparting higher education therein, either exclusively
or among other activities, and includes a polytechnic, an orphanage,
a boarding home, a hostel, a tutorial institution and the premises
attached thereto ;

(c) “fresher” means a fresh or new student admitted to an educational
institution and includes junior students ;

(d) “Government” means the Government of Jammu and Kashmir ;

(e) “head of the educational institution” includes the Registrar of the
University, Dean of a Faculty in the University, Dean of Medical
Faculty, Director of the Institution or Principal, Headmaster, Manager
or any other person responsible for the management of any
educational institution ;



6 PROHIBITION OF RAGGING ACT, 2011

(f) “ragging” means any disorderly conduct, whether by words
spoken or written, or by an act which has the effect of teasing,
treating or handling with rudeness any other student, indulging
in rowdy or undisciplined activities which causes or is likely to
cause annoyance, hardship or psychological harm or to raise fear
or apprehension thereof in a fresher or a junior student, or asking
the student to do any act or perform something which such
student will not do in the ordinary course and which has the effect
of causing or generating a sense of shame or embarrassment or
adverse affect on the physique or psyche of a fresher, or a junior
student ;

(g) “student” means a person who is admitted to an educational
institution and whose name is lawfully borne on the attendance
register thereof ; and

(h) “State” means the State of Jammu and Kashmir.

3. Prohibition of ragging.—From the date of commencement of the Act,
ragging within or outside any educational institution in the State shall be
prohibited and no person shall commit, abet, propagate or participate in
ragging within or outside any educational institution.

4. Penalty for ragging.— (1) Whosoever, directly or indirectly, commits
or participates in or abets or propagates ragging within or, outside any
educational institution shall, on conviction, be punished with imprisonment
for a term which may extend to two years or with fine which may extend to
ten thousand rupees or with both.

(2) If the particular person committing or abetting ragging is not
identified, every person participating in, or present at, such ragging activity
shall be liable to punishment under the Act and collective punishment shall
be resorted to so as to act as a deterrent punishment and to ensure collective
pressure on the potential raggers.

5. Procedure for making a complaint.—(1) Whenever any student or,
as the case may be, the parents or guardian or a teacher of an educational
institution complains, in writing, of ragging to the head of an educational
institution, the head of that educational institution shall, within seven days
of receipt of complaint, inquire into the matter mentioned in the complaint
and if prima facie the complaint is found true, he shall immediately forward
the complaint to the police station having jurisdiction over the area in which
such educational institution is situated for registering a case under the Act.



PROHIBITION OF RAGGING ACT, 2011 7

(2) Where on an inquiry by the head of the educational institution, it
is found that there is a no substance in the complaint received under sub-
section (1), he shall intimate the fact in writing to the complainant.

6. Deemed abetment.—(1) If the head of any educational institution fails
or neglects to take action in the manner specified in sub-section (1) of section
5 when a complaint of ragging is made, he shall be deemed to have abetted
the offence of ragging and shall, on conviction, be punished as provided for
in section 4.

(2) No Court shall take cognizance of an offence under sub-section (1)
without a complaint in writing made by the District Magistrate concerned.

7. Removal from rolls of educational institution.—Any student convicted
of an offence under section 4 shall be removed from the rolls of the educational
institution and shall not be admitted in any educational institution in the State
for a period of three years from the date of such removal.

8. Suspension of the student.—(1) Without prejudice to the foregoing
provision, whenever a complaint is forwarded by the head of an educational
institution to the police station under sub-section (1) of section 5, such student
shall be suspended forthwith from the said institution and shall neither be
allowed to enter the premises of the educational institution till the final outcome
of the complaint under the Act nor shall be entitled to any of its facilities.

(2) Any student suspended under sub-section (1) shall be expelled from
the boarding home, hostel and mess of the educational institution.

9. Prevention of ragging in educational institutions.—It shall be the
duty of every educational institution to prevent ragging in such educational
institution and for this purpose the educational institution shall, among other
things, take the following steps :—

(i) the prospectus, the form for admission or any other literature
issued to the aspirants for admission shall clearly mention that
ragging is banned in the institution and anyone indulging in
ragging is likely to be punished ;

(ii) the admission and enrolment form shall include a printed undertaking
to be filled in and signed by the student to the effect that he/
she is aware of the institution’s approach towards ragging and the
punishments to which he/she shall be liable if found, guilty of
ragging ;



8 PROHIBITION OF RAGGING ACT, 2011

(iii) it shall display, on the notice board, the name, address and the
contact number of the person or authority to whom a fresher
should approach for help and guidance for various purposes ;

(iv) the head of the educational institution or a person higher in authority
shall address meetings of professors, lecturers, instructors, teachers,
parents or guardians and students, collectively or in groups, to create
confidence by apprising them of their rights as well as obligations
to fight against ragging, insisting on freshers to report to the head
of educational institution or proctorial committee about instances of
ragging and to generate confidence in their mind and to encourage
them to report any instance of ragging to  which they are subjected
to or which comes in their knowledge ;

(v) at the commencement of the academic session, the educational
institution should constitute a proctorial committee consisting of
senior faculty members and hostel authorities like Wardens and
a few responsible senior students to,—

(a) keep a continuous watch and vigil over ragging so as to
prevent its occurrence and recurrence ; and

(b) promptly deal with the incidents of ragging brought to its
notice and summarily punish the guilty, either by itself or
by putting forth its finding/recommendations/suggestions
before the authority competent to take action ;

(vi) all vulnerable locations shall be identified and especially watched ;

(vii) the local community and the students in particular shall be made
aware of the dehumanizing effect of ragging inherent in its
perversity and posters, notice boards and signboards, wherever
necessary, may be used for the purpose ; and

(viii) migration certificate issued by the educational institution should
have an entry apart from that of general conduct and behaviour
as to whether the student has ever indulged in ragging and in
particular was punished for such ragging.

10. Provision of the Act to be in addition to other laws.—Nothing in
the Act shall be deemed to affect the operation of any other law for the time
being in force in the State and the provisions of the Act shall be in addition
to, and not in derogation of, such other laws.



PROHIBITION OF RAGGING ACT, 2011 9

11. Power to remove difficulties.—If any difficulty arises in giving effect
to the provisions of the Act, the Government may, by order not inconsistent
with the provisions of the Act, remove the difficulty :

Provided that no such order shall be made after the expiry of a period
of two years from the commencement of the Act.

12. Power to make rules.—The Government may, by notification in the
Government Gazette, make rules to carry out the purposes of the Act.

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