गुरुवार, 25 फ़रवरी 2010

action; and such action shall be without prejudice to any action that may be taken under
the penal laws for abetment of ragging for failure to take timely steps in the prevention
of ragging or punishing any student found guilty of ragging.
9.4 The Commission 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. Withdrawal of declaration of fitness to receive grants under section 12B of
the 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
Commission.
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 Commission, 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.
Provided that the action taken under this clause by the Commission against any
institution shall be shared with all Councils.
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.
9.2 Where an institution, being constituent of, affiliated to or recognized by a
University, fails to comply with any of the provisions of these Regulations or fails to curb
ragging effectively, such University may take any one or more of the following actions,
namely;
i. Withdrawal of affiliation/recognition or other privileges conferred.
ii. Prohibiting such institution from presenting any student or students then
undergoing any programme of study therein for the award of any
degree/diploma of the University.
Provided that where an institution is prohibited from presenting its
student or students, the Commission shall make suitable arrangements for
the other students so as to ensure that such students are able to pursue
their academic studies.
iii. Withholding grants allocated to it by the university, if any
iv. Withholding any grants chanellised through the university to the
institution.
v. Any other appropriate penalty within the powers of the university.
9.3 Where in the opinion of the appointing authority, a lapse is attributable to any
member of the faulty or staff of the institution, in the matter of reporting or taking
prompt action to prevent an incident of ragging or who display an apathetic or
insensitive attitude towards complaints of ragging, or who fail to take timely steps,
whether required under these Regulations or otherwise, to prevent an incident or
incidents of ragging, then such authority shall initiate departmental disciplinary action, in
accordance with the prescribed procedure of the institution, against such member of the
faulty or staff.
Provided that where such lapse is attributable to the Head of the institution, the
authority designated to appoint such Head shall take such departmental disciplinary
responsible for monitoring the database maintained by the Commission
appointed under clause (g) of Regulation 8.1.
9. Administrative action in the event of ragging.-
9.1 The institution shall punish a student found guilty of ragging after following the
procedure and in the manner prescribed hereinunder:
a) The Anti-Ragging Committee of the institution shall take an appropriate decision,
in regard to punishment or otherwise, depending on the facts of each incident of
ragging and nature and gravity of the incident of ragging established in the
recommendations of the Anti-Ragging Squad.
b) The Anti-Ragging Committee may, depending on the nature and gravity of the
guilt established by the Anti-Ragging Squad, award, to those found guilty, one or
more of the following punishments, namely;
i. Suspension from attending classes and academic privileges.
ii. Withholding/ withdrawing scholarship/ fellowship and other benefits.
iii. Debarring from appearing in any test/ examination or other evaluation
process.
iv. Withholding results.
v. Debarring from representing the institution in any regional, national or
international meet, tournament, youth festival, etc.
vi. Suspension/ expulsion from the hostel.
vii. Cancellation of admission.
viii. Rustication from the institution for period ranging from one to four
semesters.
ix. Expulsion from the institution and consequent debarring from admission to
any other institution for a specified period.
Provided that where the persons committing or abetting the act of
ragging are not identified, the institution shall resort to collective punishment.
c) 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 a
University, to the Vice-Chancellor of the University;
a) The Commission 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 Commission 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 Commission 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 Commission, 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 NAAC or by any other authorised accreditation agencies
while assessing the institution for accreditation, ranking or grading purposes.
e) The Commission may accord priority in financial grants-in-aid to those
institutions, otherwise eligible to receive grants under section 12B of the Act,
which report a blemishless record in terms of there being no reported incident of
ragging.
f) The Commission 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 Commission under
clause (g) of Regulation 8.1 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.
g) The Commission shall institute an Anti-Ragging Cell within the Commission as an
institutional mechanism to provide secretarial support for collection of
information and monitoring, and to coordinate with the State Level Monitoring
Cell and University level Committees for effective implementation of anti-ragging
measures, and the Cell shall also coordinate with the Non-Governmental agency
a) The Commission 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.
e) The Commission 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, either on its or through an agency to be
designated by it; and such database shall also function as a record of ragging
complaints received, and the status of the action taken thereon.
f) The Commission 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 authorised by the Commission or
by the Central Government.
8.2 The Commission shall take the following regulatory steps, namely;
iv. Public nuisance created during ragging;
v. Violation of decency and morals through ragging;
vi. Injury to body, causing hurt or grievous hurt;
vii. Wrongful restraint;
viii. Wrongful confinement;
ix. Use of criminal force;
x. Assault as well as sexual offences or unnatural offences;
xi. Extortion;
xii. Criminal trespass;
xiii. Offences against property;
xiv. Criminal intimidation;
xv. Attempts to commit any or all of the above mentioned offences against
the victim(s);
xvi. Threat to commit any or all of the above mentioned offences against the
victim(s);
xvii. Physical or psychological humiliation;
xviii. All other offences following from the definition of “Ragging”.
Provided that the Head of the institution shall forthwith report the occurrence of
the incident of ragging to the District Level Anti-Ragging Committee and the Nodal
officer of the affiliating University, if the institution is an affiliated institution.
Provided further that the institution shall also continue with its own enquiry
initiated under clause 9 of these Regulations and other measures without waiting for
action on the part of the police/local authorities and such remedial action shall be
initiated and completed immediately and in no case later than a period of seven days of
the reported occurrence of the incident of ragging.
8. Duties and Responsibilities of the Commission and the Councils.-
8.1 The Commission shall, with regard to providing facilitating communication of
information regarding incidents of ragging in any institution, take the following steps,
namely;
punished for committing or abetting an act of ragging, as also whether the
student has displayed persistent violent or aggressive behaviour or any
inclination to harm others, during his course of study in the institution.
n) Notwithstanding anything contained in these Regulations with regard to
obligations and responsibilities pertaining to the authorities or members of
bodies prescribed above, it shall be the general collective responsibility of all
levels and sections of authorities or functionaries including members of the
faculty and employees of the institution, whether regular or temporary, and
employees of service providers providing service within the institution, to prevent
or to act promptly against the occurrence of ragging or any incident of ragging
which comes to their notice.
o) The Heads of institutions affiliated to a University or a constituent of the
University, as the case may be, shall, during the first three months of an
academic year, submit a weekly report on the status of compliance with Anti-
Ragging measures under these Regulations, and a monthly report on such status
thereafter, to the Vice-Chancellor of the University to which the institution is
affiliated to or recognized by.
p) The Vice Chancellor of each University, shall submit fortnightly reports of
the University, including those of the Monitoring Cell on Ragging in case of an
affiliating university, to the State Level Monitoring Cell.
7. Action to be taken by the Head of the institution.- On receipt of the
recommendation of the Anti Ragging Squad or on receipt of any information concerning
any reported incident of ragging, the Head of institution shall immediately determine if a
case under the penal laws is made out and if so, either on his own or through a member
of the Anti-Ragging Committee authorised by him in this behalf, proceed to file a First
Information Report (FIR), within twenty four hours of receipt of such information or
recommendation, with the police and local authorities, under the appropriate penal
provisions relating to one or more of the following, namely;
i. Abetment to ragging;
ii. Criminal conspiracy to rag;
iii. Unlawful assembly and rioting while ragging;