 bill no 142 of  2016 the prohibition and eradication of ragging bill, 2016 by shri adhir ranjan chowdhury, mp a billto prohibit and eradicate ragging in educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the prohibition and eradication of ragging act, 2016 (2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "committee" means the anti-ragging committee constituted under section 7;5(c) "educational institution" means any college, institute, university whether established by the government or by any citizen or body of citizens and whether in receipt of aid from government or not, recognised by central or state government for the award of a certificate, diploma or a degree in any course of study, education or training;10(d) "freshers" means those students who have taken admission in the first year of under-graduate or post-graduate level in any stream in any educational institution;(e) "head of the institution" means the vice-chancellor in case of a university or a deemed university and in case of any other institution, the principal or the director, as the case may be;15(f) "prescribed" means prescribed by rules made under this act; and (g) "seniors" means those students who are not in first year of under-graduate or post-graduate level in any stream in any educational institutionsapplication of the act20 253 (1) the act shall apply to all institutions coming within the definition of a university under sub-section (f) of section 2 of the university grants commission act, 1956, and to all institutions deemed to be a university under section 3 of the university grants commission act, 1956, and to all other higher educational institutions, or elements of such universities or institutions, including its departments, constituent units and all the premises, whether being academic, residential, playgrounds, canteen, hostel or other such premises of such universities, deemed universities and higher educational institutions, whether located within the campus or outside, and to all means of transportation of students, whether public or private, accessed by students for the pursuit of studies in such universities, deemed universities and higher educational institutions(2) in addition to the educational institutions mentioned in sub-section (1), the provisions of this act shall apply also to all vocational and professional institutions4 the ragging shall include following acts,—30acts which constitute ragging(i) any conduct by any student or a group of students whether by words spokenor written or by an act which has the effect of teasing, treating, torturing, or handling with rudeness a fresher or any other student;35(ii) indulging in rowdy or indisciplinary activities by any student or a group ofstudents 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;40(iii) asking any student to do any act which such student shall not in theordinary 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;(iv) any act by a student that prevents, disrupts or disturbs the regular academicactivity of any other student or a fresher;(v) exploiting the services of a fresher or any other student for completing theacademic tasks assigned to an individual or a group of student;45(vi) any act of financial extortion or forceful expenditure burden put on a fresheror any other student by students;(vii) any act of physcial abuse including sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health of person;5(viii) any act or abuse, by use of spoken words, telephone, short messageservice (sms), e-mails, multi-media messaging service, post, public insults, pornographic material, photographs or video clips, etc, to derive perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to fresher or any other student; and10(ix) 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 studentburden of proof5 notwithstanding anything contained in any other law, for the time being  in force, in any trial under this act, the burden of proof as to the innocence shall lie on the accusedprohibition of ragging156 (1) notwithstanding anything contained in any other law for the time being in force the central government shall, as soon as may be, but within six months from the date of commencement of this act, issue such directives for prohibition of ragging in all colleges and educational institutions functioning under central government as may be prescribed(2) the central government shall, issue similar directives to all state governments for taking steps to prohibit ragging in all colleges and educational institutions in their respective jurisdiction20(3) the prohibition under sub-section (1) shall also be extended to and educational institutions in the union territories25(4) every public declaration of intent by any educational institution for admission of students to any course of study, brochure of admission or instruction booklet or the prospectus, in any electronic, audio-visual or print or any other media shall expressly provide that ragging is prohibited in the institution and anyone found guilty of ragging or abetting ragging whether actively or passively or being a part of conspiracy to promote ragging is liable to be punished in accordance with this act30constitution of anti- ragging committee and its functions7 (1) the appropriate government shall ensure that an anti-ragging committee is constituted in every educational institution headed by the senior most faculty of the institution and consisting of representatives of civil and police administration including at least one female representative and representative other from non-governmental organisation, parents, freshers and seniors35(2) the appropriate government shall extend its full support to the anti-ragging committee to enable it to perform its duties to the fullest to ensure that all colleges and educational institution are free from ragging and harassment of freshers(3) the anti-ragging committee shall perform the following functions:—(a) to receive complaints on ragging and submit a report to the head of the institution;40(b) to take inputs from various people including staff and freshers on any incident of ragging;(c) to conduct necessary awareness programme to enlighten the students regarding the effects of ragging;45(d) after conducting thorough investigation, action to be taken against the offenders as per the rules prescribed under this act8 (1) every educational institution shall have an anti-ragging squadconstitution of anti- ragging squad and its functions(2) the anti-ragging squad shall function under the guidance of anti-ragging committee consisting of the representatives nominated by the head of the educational institution(3) the anti-ragging squad shall—(a) make surprise checks in hostel and campus to keep a check on ragging; (b) report any incident of ragging to the committee; (c) be in constant touch with the staff and students and consult various incidence of ragging5penalty9 (1) any student convicted under this act shall be debarred from continuing hisstudies in any educational institutions for a period of three years10(2) whoever contravenes the provisions of this act shall be punished with fine which shall not be less than rupees twenty-five thousand but which may extend upto rupees one lakh or with rigorous imprisonment for a term which may extend upto three years or, with both(3) the appropriate government shall direct university grants commission or the funding agency of the educational institution, as the case may be, to take such steps against the head of the educational institution who fails to present ragging in such manner may deem necessary15proceeding10 the proceeding under this act shall be tried by the educational tribunal or thehigh court in the respective state as far as possible11 save as provided under this act, the provisions of the code of criminal procedure1973 shall be applicable to any trial under this actprovisions of the code of criminal procedure to be applied2012 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceoverriding effect of the actpower to make rules13 (1) the central government may by notification in the official gazette, make rules for carrying out the purposes of this act2530(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter 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 under that rule statement of objects and reasonsragging is rising problem which is escalating on a daily basis and needs to be addressed immediately it mainly concerns with the new generation who take admission in academic institutes, colleges or university having a dream of a bright future which ultimately results in the upliftment of the society and the country as a whole ragging has been recognised as a human rights violation there have been many instances where ragging has led to death of a student in many cases, it has been observed that a lot of students go into depression or drop out of the college, institute or university seeing the plight of these students, all sections of the society are raising their voice to prohibit ragging and are demanding that the government must take proactive steps to eradicate this menace to the societyon the 8th may, 2009, the hon'ble supreme court ordered the union government to implement a plan for prevention of ragging following this judgment the university grants commission (ugc) and other regulatory authorities like all india council for technical education (aicte), medical council of india (mci), dental council of india (dci), etc published a single set of regulations that would cover the entire nation and all educational institutions the regulations of university grants commission (ugc) came into effect on june, 2009this bill combines the essential elements of ugc regulations and the order of the hon'ble supreme court therefore, in a certain sense, the bill simply formalises what exists as of today all elements of the bill are actually in place at presenthence this billnew delhi;adhir ranjan chowdhuryfebruary 12, 2016 memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of details only, the delegation of legislative power is of normal character———— a billto prohibit and eradicate ragging in educational institutions and for matters connected therewith or incidental thereto————(shri adhir ranjan chowdhury, mp)gmgipmrnd—5314ls(s3)—05052016