 bill no 110 of  2014 the prohibition of ragging and unfair practices in educational institutions and universities bill, 2014 by shri rakesh singh, mp a billto provide for prohibition of ragging and unfair practices in educational institutions and universities and for matters connected therewith or incidental theretobe  it enacted by parliament in the sixty-fifth year of the republic of india as follows:—educational institutions and universities act, 2014short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmirdefinitions2 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;5(b) ''appropriate statutory authority'' means any authority established under any law for the time being in force for co-ordinating or determining or maintaining the standards of education including technical and medical education and education in universities;(c) ''capitation fee'' means any amount (by whatever name called),—10(i) demanded or charged or collected, directly or indirectly, for, or, on behalf of any institution, or paid by any person in consideration for admitting any person as student in such institution; and which is in excess of the fee payable towards tuition fee and other fees and other charges declared by any institution in its prospectus for admitting any person as student in such institution; or15(ii) paid or demanded or charged or collected, by way of donation, for, or,on behalf of any institution, or paid by any person in consideration for admitting any person as a student in such institution;20  21 of 18603 of 1956(d) ''educational institution'' means a technical educational institution or medical educational institution or any such institution, whether registered under the societies registration act, 1860 or not, and recognized as such, by the appropriate statutory authority or a university as defined in section 2 of the university grants commission act, 1956 and includes an institution deemed to be a university under section 3 of that act or under any other law for the time being in force;25(e) "prospectus" includes any publication, whether in print or displayed in internet or in any electronic device for public consumption, otherwise, issued for providing fair and transparent information, relating to an institution, to the general public (including to those seeking admission in such institution) by the management of such institution or any other authority or person authorised by such institution to do so;30(f) "ragging" means an act by a student or group of students inside or outside the educational institution which causes or is likely to cause physical or psychological harm or bring embarrassment to or creates fear in another student and includes acts of teasing, abusing, causing hurt or making one to do any act or perform something which he will not willingly do in the ordinary course(g) "prescribed" means prescribed by rules made under this act; and (h) "unfair practice" includes—35(i) charging of capitation fee; (ii) charging of exorbitant fee; (iii) lack of transparency in conducting entrance test; (iv) recruiting teaching and office faculty with low salary; (v) recruiting teachers without adequate qualification;40(vi) exploitation of teachers; (vii) allowing students to take examination without adequate attendance; (viii) malpractice in evaluation;(ix) advertising falsely about infrastructure or institution with the intention to induce students to take admission;45(x) exorbitant charges for prospectus; (xi) accepting any fee or charge without proper receipt;(xii) admitting ineligible students;(xiii) allowing students to copy;5(xiv)  victimizing students, particularly those belonging to the scheduledcastes, the scheduled tribes, the other backward classes and the weaker sections of society;(xv) withholding educational certificates to eligible students; and10(xvi) impounding of educational certificates or passports of teachers andoffice staff without valid reasons or compelling teachers to award pass marks to certain students3 ragging in educational institutions is hereby prohibitedprohibition of ragging inquiry on ragging4 (1) any act of ragging brought to the notice of the head of the educational institution or any other person responsible for the management of the educational institution shall be inquired into expeditiously15(2) where after conclusion of enquiry, a student is found guilty of committing or participating in or abetting the act of ragging, he shall be expelled from the educational institution and shall not be admitted in any other educational institution20(3) where the findings of the inquiry report are disputed by the expelled student, the educational institution shall forward the enquiry report to the redressal committee constituted under section 115 (1) no educational institution shall, for admission in any course or programme of study, accept any payment, other than the fee and charges mentioned in its prospectus25(2) every educational institution shall issue a proper receipt of the fee and charges to the students admitted in the institutioneducational institutions not to accept fee and charges not mentioned in prospectus prohibition ofcapitation fee6 (1) no educational institution shall, directly or indirectly, demand or charge or accept any capitation fee or donation, as a consideration for admission in a course or programme of study30(2) no person shall, directly or indirectly, offer or pay any capitation fee or donation, either in cash or kind, for obtaining admission in a course or programme of study7 any educational institution, which violates the provisions of section 6, shall, without prejudice to proceedings for prosecution under any other law for the time being in force, be liable to a penalty which may extend to one lakh rupeespenalty for demanding or accepting capitation fee35mandatory publication of prospectus8 every educational institution shall, before the expiry of ninety days prior to the date of commencement of admission process to any of its course or programme of study, publish a prospectus containing all such minute details, as may be prescribed, regarding admissionpenalty for doing contrary to information in prospectus409 any educational institution, which does anything contrary to the informationpublished by it in its prospectus or resort to any unfair practice, shall, without prejudice to any proceedings for prosecution any other law for the time being in force, be liable to a penalty which may extend to ten thousand rupeescomplaint of unfair practice10 any aggrieved person or any other person, on behalf of such aggrieved person,may make complaint of ragging or unfair practice or demand of capitation fee or donation, in such form and manner, as may be prescribed, to the redressal committee constituted under section 1111 (1) the appropriate government shall constitute, in every district having any educational institution, a committee to be known as the redressal committee(2) the committee shall consist of—constitution of the redressal committee in every district(a) a chairperson;5(b) two judicial members; (c) two academic members; and (d) two administrative members(3) the terms and conditions of service of the chairperson and other members of thecommittee shall be such as may be prescribed10(4) the committee shall have such number of officers and staff as may be required forits efficient functioning12 (1) the committee shall—functions of the committee(i) enquire into every case of ragging referred to it by the educational institutionswithin its territorial jurisdiction or received directly from any aggrieved person or any other person on behalf of such person;15(ii) enquire into every complaint of unfair practice or demand of capitation fee ordonation by an educational institution within its territorial jurisdiction;(iii) recommend punitive action against the erring educational institution; and (iv) recommend compensation to the victims of ragging or unfair practices bythe institution concerned20(2) the committee shall dispose of every complaint within a period of ninety days fromthe date of receipt of such complaint(3) the committee shall afford an opportunity of being heard to every person orinstitution against whom a complaint is made25(4) the committee shall forward its report of enquiry into a complaint to the appropriatestatutory authority, which shall recommend such action against the institution, as may be prescribed13 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effect30power to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(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  reasonsthere has been mushrooming growth of higher educational institutions in recent years especially, the technical and medical educational institutionsthere have been allegations that these educational institutions are resorting to unfair practices such as charging of capitation fee, demanding donations, not issuing receipt in respect of payments made by or on behalf of students, low quality delivery of education services, false claims of quality education through misleading advertisement, etc there is no law to check the malpractices in such educational institutions a mechanism to provide for speedy resolution of matters relating to malpractices in higher educational institutions is required to be in place in order to provide relief to the victims of such malpractices the bill, therefore, seeks to provide, inter alia, for—(1) banning of acts of ragging within or outside the educational institutions; (2) prohibition of capitation fee and unfair practices by educational institutions; and (3) constitution of redressal committee for early disposal of complaintshence this billnew delhi;rakesh  singhjuly  14, 2014 _______ president's recommendation under article 117(3) of the constitution _______[copy of do no 9-14/2012-u policy dated 26 september, 2014 from shrimati smriti zubin irani, minister of human resource development to the secretary-general, lok sabha]the president, having been  informed of the subject matter of the prohibition of ragging and unfair practices in educational institutions and universities bill, 2014 by shri rakesh singh, member of parliament, recommends to the house the consideration of the bill under clause (3) of article 117 of the constitution financial  memorandumclause 11 of the bill provides for constitution of the redressal committees in every district of the country to enquire into malpractices by educational institutions the state governments will have to bear the expenditure in respect of educational institutions established under act of legislative assembly from their respective consolidated funds however, the central government shall have to bear the expenditure in respect of educational institutions established by or under an act of parliament as well as educational institutions in the union territoriesthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees three crore may be involved as recurring expenditure per annuma non-recurring expenditure of about rupees five crore is also likely to be involved memorandum  regarding  delegated  legislationclause 14 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character———— a billto provide for prohibition of ragging and unfair practices in educational institutions and universities and for matters connected therewith or incidental thereto————(shri rakesh singh, mp)gmgipmrnd—2390ls(s3)—31-10-2014