As per the Rules and
Regulation :
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 India Council for technical Education:-
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.
ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION, New Delhi