Anti Ragging - WIT Solapur

THE RULES OF PROHIBITING RAGGINGHIGHER AND TECHNICAL EDUCATION DEPARTMENTMantralaya Annex, Mumbai 400 032, dated the 19th May 1999NOTIFICATIONMAHARASHTRA PROHIBITION OF RAGGING ACT, 1999.section {2} of section 1 of the Maharashtra Prohibition of Ragging act, 1999 {Man. XXXIIIof 1999), the Government of Maharashtra hereby appoints the 1 day of June 1999 to bethe date on which the said Act shall come into force.By order and in the name of the Governor of Maharashtra,V.P. Raja,Secretary to GovernmentIn pursuance of clause (3) of article 348 of the Constitution of India, the followingtranslation in English of the Maharashtra Prohibition of Ragging Act, 1999 (Mah, XXXIII of1999), is hereby published under the authority of the Governor.By order and in the name of the Governor of Maharashtra,PRATIMAUMARJI,Secretary to Government,Law and Judiciary Department.MAHARAHSTRA ACT NO. No. XXXIII OF 1999.(First published, after having received the assent of the Governor in the "MaharashtraGovernment Gazette", on the 15 May 1999.)An Act to prohibit ragging in educational institutions in the State of MaharashtraWHEREAS it is expedient to-enact a special law to prohibit ragging in educationalinstitutions in the State of Maharashtra. It is hereby enacted in the Fiftieth Year oftheRepublic of India as follows:(1) Short title and commencement• This Act may be called the Maharashtra Prohibition of Ragging Act, 1999.• It shall come into force on such date as the State Government may, bynotification in the Official Gazette, appoint.2) Definitons1. "educational institution" means and includes a college, or other institution bywhatever name called, carrying on the activity or imparting education therein(either exclusively or among other activities); and includes an orphanage or aboarding home or hostel or a tutorial institution or any other premises attachedthereto;2. "head of the educational institution" means the Vice-Chancellor of the University,dean of Medical Faculty, Director of the Institution or the Principal, headmaster orthe person responsible for the management of the educational institution;3. "ragging" means display of disorderly conduct, doing of any act which causes or islikely to cause physical psychological harm or raise apprehension or fear orshame or embarrassment to a student in any educational institution and includes(i) teasing, abusing, threatening or playing practical jokes on, or causing hurt to,such student; or(ii) asking a student to do any act or perform something which such student willnot, in the ordinary course, willingly, do.

3) Prohibition of raggingRagging within or outside of any educational institution is prohibited.(4) Penalty for raggingWhoever directly or indirectly commits, participates in, abets or propagates ragging withinor outside any education institution shall, on conviction, be punished with imprisonmentfor a term which may extend to two years and shall also be liable to a fine which mayextend to ten thousand rupees.(5) Dismissal of student(5) Dismissal of studentAny student convicted of an offence under section 4 shall be dismissed from theeducational institution and such student shall not be admitted in any other educationalinstitution for a period of five years from the date of order of such dismissal.(6) Suspension of student1. Whenever any student or, as the case may be, the parent or guardian, or ateacher of an educational institution complains, in writing, of ragging to the headof the educational institution, the head of that educational institution shall,without prejudice to the foregoing provisions, within seven days of the receipt ofthe complaint, enquire into the matter mentioned in the complaint and if; primafacie, it is found true, suspend the student who is accused of the offence, andshall, immediately forward the complaint to the police station having jurisdictionover the area in which the educational institution is situated, for flirter action.2. Where, on enquiry by the head of the educational institution, it is proved thatthere is no substance, prima facie, in the complaint received under sub-section(1), he shall intimate the fact, in writing, to the complainant.3. The decision of the head of the educational institution that the student hasindulged in ragging under sub-section (1), shall be final(7) Deemed abetmentIf the head of the educational institution fails or neglects to take action in the mannerspecified in section 6 when a complaint of ragging is made, such person shall be deemedto have abetted the offence of ragging arid shall, on conviction, be punished as providedfor in section 4. Power to make rules(8) (1) The State Government may, by notification in the Official G, zette, amend forcarrying out all or any of the purposes of this Act.(2) Every rule made under this Act shall be laid, as soon as may be, after it is made,before each House of the State Legislature, while it is in session for total period of thirtydays, which may be comprised in one session or in two or more successive sessions, aridif; before the expiry of the session in which it is so laid or the session immediatelyfollowing, both houses agree in making any modification in the rules or both Houses agreethat the rule should not be made, and notif- such decision in the Official Gazette, the ruleshall from the date of publication of such notification, have effect only in such modifiedform or be of no effect, as the case may be; so however, that any such modification orannulment shall be without prejudice to the validity of anything previously done oromitted to be done under that rule.

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)collected ” shall be substituted ;(b) in sub-section (2), -(i) for the portion with the words “in good faith ” and ending with the words “prescribed manner,” the following shall be substituted, namely :-“ in good faith, demand or, collect or accept donations in cash or kind in theprescribed manner,” ;(ii) the second proviso shall be deleted ;(c) in sub-section (4), after the words “such institution ” the word “demanding, ”shall be inserted ;(d) in the marginal note, for the word “Collection ” the words “Demand orcollection ”shall be substituted.4 For section 5 of the principal Act, the following section shall besubstituted namely :- (Substitution Of section 5 Mah. VI of 1988)“5. Any person from whom a capitation fee or donation has been demanded orcollected by the management of any educational institution or on behalf of anyeducational institution by any person who is charge of, or is responsible for, themanagement of such institution, in relation to any student in consideration of hisadmission to, and prosecution of, any course of study, of his promotion to a higherstandard or class in such institution, may file a complaint against such managementor such person, as the case may be, with the concerned police station within thirtydays from the date on which such capitation fee or donation or both has beendemanded or collected by such management or such person. ”5 In section 6 of the principal Act, in sub-section (i), for the words“District Education Officer ” the words “ Deputy Director of Education ” besubstituted. (Amendment Of section 6 of Mah. VI of 1988.)6 To section 7 of the principal Act, the following proviso shall be added, namely:-“Provided that, any person who is accused of having committed the offence undersub-section(I) of section 3 of demanding capitation fee shall on conviction, be punished withimprisonment for aterm which shall not be less than one year but which may extend to two years andwith fine whichmay extend to five thousand rupees. ”. (Amendment Of section 7 of Mah.VI 1988)7 After section 7 of the principal Act, the following new sections shall be inserted,namely :- (Insertion of sections 7A and 7AA in Mah. VI of 1988).“7A. Whoever abets any offence punishable under this At Shall, on conviction, bepunished with the punishment provided for the offence. ” (Punishment forabetment.)2

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)7AA. AII offences under this Act, except the offence of the demanding ofcapitation fee shall be cognizable and non-bailable. (Offences to be cognizable andnon bailable.)THE MAHARASHTRA EDUCATIONAL INSTITUTIONS(PROHIBITION OF CAPITATION FEE) ACT, 1987.PREAMBLE (SECTIONS)1. Short title and extend.2. Definitions.3. Collection of capitation fee prohibited.4. Regulation of fees.5. Inquiry and submission of report6. Power to enter and inspect.7. Penalties.8. Offences by companies.9. Compensation for accusation without reasonable cause.10. Act to have overriding effect.11. Protection of action taken under this Act.12. Rules.13. Savings.MAHARASHTRA ACT No. VI OF 1988 [THE MAHARASHTRAEDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE)ACT, 1987][ This Act received the assent of the Governor on the 13th April 1988;assent first published in the Maharashtra Government Gazette, Part IVExtraordinary, on the 15th April 1988.]An Act to prohibit collection of capitation fee for admission of students to,and their promotion to higher standard of class in, the educationalinstitutions in the State of Maharashtra and to provide for mattersconnected there with.WHEREAS the practice of collecting capitation fee for admitting studentsinto educational institutions and at the time of promoting students to ahigher standard or class at various stages of education is on the increase inthe State;AND WHEREAS this undesirable practice has been contributing to largescale commercialization of education which is not conducive to themaintenance of educational standards;3

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)AND WHEREAS the National Policy on Education 1986 envisages that thecommercialization of technical and Professional education should becurbed and that steps should be taken to prevent the establishment ofinstitutions set up to commercialize education;AND WHEREAS with a view to effectively curb this evil practice, it isexpedient in the public interest to prohibit collection of capitation fee foradmission of students to, and their promotion to a higher standard or classin, the educational institutions in the State of Maharashtra and to providefor matters connected therewith; It is hereby enacted in the Thirty-eighthYear of the Republic of India as follows :-1.(a) This Act may be called the Maharashtra Educational Institutions(Prohibition of Capitation Fee) Act, 1987. (Short title and extend.)(b) It extends to the whole of the State of Maharashtra.2 In this Act, unless the context requires otherwise, -(a) “ capitation fee ” means any amount, by whatever name called, whetherin case or kind paid or collected directly or indirectly, in excess of theprescribed or, as the case may be approved rates of fees regulated undersection 4;(b) “ educational institution ” or “ institution means a school (includingKindergarten, Pre-primary, Balwadi or Nursery School), a college or aninstitution, by whatever name called, or a part thereof, whether managed byGovernment, local authority, a University or a private managementincluding educational institution established and administered by anyminority, and imparting education and training exclusively or as one of thevarious activities, whether technical, professional vocational or other wise,and includes any other institution, or a part thereof, as the StateGovernment may by notification in the Official Gazette, specify; butexcludes coaching class, by whatever name called;(c) “ Local Authority ”, -(I) in relation to an educational institution managed by a Zilla parishadmeans the Zilla parishad constituted under the Maharashtra Zilla Parishadand Panchayat Samitis Act. 1961; (Mah. V of 1962)(II) in relation to an educational institution managed by a MunicipalCorporation, Means the Municipal Corporation constituted under theBombay Municipal Corporation Act, the City of Nagpur Corporation Act,4

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)1948 or as the case may be the Bombay Provincial Municipal CorporationsAct, 1949 (Bom III of 1988 C.P and Berar II of 1950 Bom LIX of 194.)(III) in relation to an educational institution managed by a MunicipalCouncil, means the Municipal Council constituted under the MaharashtraMunicipalities Act, 1965;(d) “ management ”, -(I) in the case of an institution managed by the State Government, meansthe State Government;(II) in the case of an institution managed by a local authority means thatlocal authority;(III) in the case of an institution managed by a University, means thatUniversity; and(IV) in any other case, means the managing committee or the governingbody by whatever name called, of an educational institution to which theaffairs of that institution are entrusted and where such affairs are entrustedto any person whether called as Secretary Correspondent or by any othername or designation includes such person;(e) “ minority educational institution ” means an institution established andadministered by a minority having a right to do so under clause (1) of article30 of the Constitution of India:(f) “ prescribed ” means prescribed by rules made under this Act;(g) “ rules ” means the rules made under this Act;(h) “ University ” means a university constituted under any low for the timebeing in force.3(a) Notwithstanding anything in any law for the time being in force, nocapitation fee shall be collected by or on behalf of any educationalinstitution or by any person who is in charge of, or is responsible for, the5

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)management of such institution, from or in relation to any student inconsideration of his admission to and prosecution of any course of study orof his promotion to a higher standard or class in such institution. (Collectionof capitation fee prohibited.)(b) Notwithstanding anything contained in sub-section (I), the managementmay in good faith collect or accept donations in cash or kind, in theprescribed manner, from benevolent persons or organization or publictrusts or any other association of persons, for opening of new educationalinstitutions of for creation of endowment fund for award of scholarship,prizes or the like, but while collecting or accepting such donations themanagement shall not reserve any seats in any educational institutionalinstitution run by it in consideration of such donations. All money andarticles received in donation shall be accounted for in the institution and themoney shall be deposited in the name of the institution in any scheduled orco-operative bank and shall be applied or expended for the purpose forwhich such donations are collected or accepted or shall be applied towardsthe objects of the institution:Provided that, where in consideration of accepting such donations any seatis reserved for admission to any student in such institution such acceptanceof donation shall be deemed to be collection of capitation fee:(c) Where the State Government, on receipt of any complaint or otherwise,is satisfied that the management of any institution or any person who is incharge of or is responsible for the management of such institution, hascontravened the provisions of this Act or the rules made there under, theState Government may, in addition to any prosecution that may beinstituted under this Act, after giving a reasonable opportunity of beingheard, direct such institution or person responsible that the capitation feecollected in contravention of this Act shall be refunded to the person fromwhom it was collected and on its or his failure to do so, the amount togetherwith interest thereon shall-(a) in the case of an aided educational institution, be deducted from thegrant-in aid payable by the State Government to such institution; and thenthe same be paid to the person from whom such capitation fee wascollected; and(b) in the case of an un-aided educational institution, be recovered asarrear of land revenue : and when so recovered be paid to the person fromwhom such capitation fee was collected.6

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)4) The management of any educational institution of any person who is incharge of or who is responsible for the management of such institutioncollecting or accepting donations under sub-section (2) in connection withor in relation to any student in consideration of his admission to, andprosecution of, any course of study or his promotion to a higher standard orclass in nstitution, shall be deemed to have contravened the provisions ofsub-section (I) and shall be liable to be proceeded against and punishedaccordingly.4(1) It shall be competent for the State Government to regulate thetuition fee or any other fee that may be received or collected by anyeducational institution for admission to and prosecution of study inany class or standard or course of study of such institution in respectof any or all classes of students.(2) The fees to be regulated under sub-section (I) Shall-(a) in these case of the aided institutions, be such as may beprescribed by a university under the relevant University Law for thetime being in force in the State or, as the case may be, by the StateGovernment ; and(b) in the case of the un-aided institutions, having regard to the usualexpenditure excluding any expenditure on lands and buildings or onany such other item as the State Government may notify, be such asthe state Government may approve :Provided that, different fees may be approved under clause (b) inrelation to different institutions or different classes or differentstandards or different courses of studies or different areas.(3) The fees to be prescribed or approved under sub-section (2) shallinclude the following items, namely :-(a) Tuition fee, whether on term basis or monthly or yearly basis:(b) Term fee per academic term:(c) Library fee and deposit as security per year or for the entirecourse:7

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)(d) Laboratory fee and deposit as security per year of for the entirecourse:(e) Gymkhana fee on yearly basis:(f) Caution money for the entire course;(g) Examination fee, if any, per year or for the entire course:(h) Hostel fee, Messing charges, if these facilities are provided,whether on term basis or on monthly or yearly basis;(i) Any such other fee or deposit as security or amount for any otheritem, as theState Government may approve(4) The fees regulate under this section shall ordinarily remain inforce for a period of three years and the State Government shallappoint a Committee of persons who, in the opinion of the StateGovernment, are experts in educational field for taking the review ofthe fees structure and may after considering the report of theCommittee, revise the fees if it considers it expedient to do so.(5) Every educational institution or, as the case may be, managementshall issue an official receipt for the fees or deposits or any otheramounts collected for any purpose, which shall be specified in suchreceipt.5. (1) If the State Government has reason to believe that there is or therehas been any contravention of the provision of this Act or the rules madethere under by any educational institution or its management, it may directany officer not below the rank of a Gazetted Officer to hold enquiry into theaffairs of such educational institution or management thereof and to submithis report in that behalf.(2) Any officer, servant or member (including the office bearers of themanagement )of any educational institution shall furnish such information inhis possession in regard to the affairs or Proceedings of the institution,management or any committee or sub-committee of such institution as theofficer referred to in sub-section (1) may require him so to do.(3) An officer referred to in sub-section (1) holding an enquiry shall havepowers to summon and enforce the attendance of any officer, servant or8

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)member as aforesaid and to compel him to give evidence and to producedocuments by the same means and as far as possible in the same manneras is provided in the case of a civil court by the Code of Civil Procedure,1908(4) On receipt of the report under sub-section (1); it shall be competent forthe State Government to invoke the provisions of sub-section (1), it shall becompetent for the State Government to invoke the provisions of sub-section(3) of section 3.6 (1) Any officer not below the rank of District Education Officer speciallyauthorized by the State Government in this behalf, may at any time duringthe normal working hours of any educational institution enter such insituation or any premises thereof or any premises belonging to themanagement of such institution in relation to such institution, If he hasreason to believe that there is or has been any contravention of theprovisions of this Act or the rules made there under, and search andinspect any records, accounts, registers or other documents belonging tosuch institution or of the management in so far as such records, accounts,registers or other documents relate to such institution and seize any suchrecords, accounts, registers or other documents for the purposes ofascertaining whether there is or has been any such contravention.(2) The provisions of the Code of Criminal Procedure, 1973 relating tosearches and seizures shall apply, so far as may be to searches andseizes under sub-section (1)7 Whoever contravenes any provision of this Act, or the rules made thereunder, shall on conviction, be punished with imprisonment for a term whichshall not be less than one year but which may extend to three years andwith fine which may extend to five thousand rupees.8 (1) Where an offence under this Act, or the rules made there under, iscommitted by a company, every person, who at the time when the offencewas committed, was in charge of, and was responsible to the company forthe conduct of the offence and shall be liable to be proceeded against andpunished accordingly :Provided that, nothing contained in this sub-section shall render any personliable to any punishment, If he proves that the offence was committedwithout his knowledge or that he had exercised all due diligence to preventthe commission of such offence(2) Notwithstanding anything contained in sub-section (1), where anyoffence under this Act, or the rules made there under, has been committedby a company and it is proved that the offence has been committed with9

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)the consent or connivance of, or is attributable to any neglect on the part ofany director, manager, secretary or other officer or servant of the company,such director, manager, secretary or other officer or servant concernedshall be deemed to be guilty of that offence and shall be liable to beproceeded against and punished accordingly .Explanation :- For the purposes of this section –(a) “ company ” means any body corporate and includes a trust, a firm, asociety or other association of individuals ; and(b) “ director ” in relation to –(i) a firm, means partner in the firm;(ii) a society, a trust or other association of persons or body of individuals,means the person who is entrusted under the rules of the society, trust orother association or body with the management of the affairs of the society,trust or other association or body, as case may be.9 Where in a trial of an offence under this Act, the Magistrate is of opinionthat there was no reasonable ground for making the accusation he mayproceed to take action against the complainant or the informant undersection 250 of the Code of Criminal Procedure, 197310 The provisions of this Act or the rules and orders made or issued thereunder, shall have effect notwithstanding anything inconsistent therewithcontained in ay other law for the time being in force or in any instrumenthaving effect by virtue of such law11 No suit, prosecution or other legal proceeding shall lie against the StateGovernment or any officer of Government for anything which is in goodfaith done or intended to be done under this Act or the rules made thereunder12(1) The State Government may, by notification in the Official Gazette andsubject to the condition of previous publication, make rules for carrying outthe purposes of this Act.(2) Every rule made under this Act shall be laid as soon as may be, after itis made before each House of the State Legislature, while it is in sessionfor a total period of thirty days, which may be comprised in one session orin two or more successive sessions, and if, before the expiry of the session10

Prohibition of Capitation Fee Act, 1987 (Government of Maharashtra)in which it is so laid or the session immediately following, both House agreein making any modification in the rules or both House agree that the rulesshall not be made, and notify such decision in the official Gazette, the ruleshall from the date of publication of such notification have effect only insuch modified form or be of no effect, as the case may be: so however, thatany such modification or annulment shall be without prejudice to the validityof anything previously done or omitted to be done under that rule.13 Notwithstanding anything contained in this Act, all orders, circulars,resolutions, directions, rules, notifications, ordinances, statutes, schemesor appointment made or issued and all powers which were vested orexercisable by any person or authority in respect of the matters refereed toin this Act, whether in accordance with any law for the time being in force orotherwise , and in force immediately before the commencement of this Actshall, so for as they are not inconsistent with the provisions of this Act,continue in force or continue to be so vested and be deemed to have beenmade or issued or vested under the provisions of this Act unless and untilsuperseded by anything done or any action taken under this Act.11

DISCIPLINARY RULESFor the purpose of Section 95 (5) of the Maharashtra Universities Act, 1994the rules of discipline and proper conduct for the students of the UniversityDepartment, affiliated colleges, recognized institutions, autonomouscollege/institutions shall be as follows :1) As part of discipline, students are required to attend functions celebratingDays of National Importance.2) The students shall attend the classes, practical’s and seminars etc.whenever prescribed, regularly so that the requirements of minimumattendance as prescribed under the Act, the Statutes, the ordinances andrules/regulations made in that behalf are fulfilled.3) It shall be binding on the part of the students to see that no damage isdone to the property of the concerned institution in any manner.4) i) The students shall behave with their classmates, teachers’ authoritiesand the non-teaching employees of the concerned institutions in aresponsible manner.ii) The student shall behave in a fair and friendly manner in all extra andco-curricular activities.iii) The student shall participate in Educational tours, Youth festivals andother college activities wherever prescribed, in a constructive mannerensuringfulfillment of the objectives of the said activity under strictsupervision and guidance of the teachers/officers/authorities of theconcerned institutions.

iv) It shall be obligatory on the part of the students to make a proper use ofthe Laboratory/Library/Study Room and other common facilities withoutcausing inconvenience or damage to the other users, and the property.5) The resident students shall be governed by the rules and regulations inrespect of hostel accommodation/official premises as prescribed by theconcerned institution.6) The students involved in any attempts of common-offs, vulgarism,gundaism, man-handling, eve-teasing, malpractices or participation in criminalacts shall be liable for punishment.7) Prevention of Ragging in Educational Institutions :a) The provisions of Anti-Ragging Legislation of the State Government shallgovern the students, and / or rules made in this regard from time to timeby the concerned institution.b) Ragging is any act which violates the dignity of the individual student or isperceived to violate his/her dignity. Broadly ragging can be categorized infollowing way –i) Verbal Ragging ii) Severe Verbal Raggingiii) Physical Raggingiv) Sexual RaggingFor various types of ragging the punishment such as imprisonment or fine orboth is prescribed with expulsion etc, if found guilty of ragging.

8) Anti- Ragging Committee /Squad :Anti Ragging squad has been constituted at University level as per order ofHon’ble Supreme Court of India. (D . No. 370/04/XI/-A) dated 18 th May, 2007.All colleges have been constituted Anti-Ragging Committee at college level.Ragging in any form is strictly prohibited.9) Sexual Harassment Prevention Committees :There are committees constituted for prevention of sexual harassment.Students can take help of the committee for any kind of problem ofharassment.10) All powers relating to disciplinary action against students of an affiliatedcollege or recognized institution not maintained by the University, shall vest inthe Principal of the affiliated college or Head of the recognize institution, andthe provisions of the foregoing sub-section including the rules, if any madethere under, shall mutants mutandis apply to suck colleges, institution andstudents therein.Any breach of the aforesaid rules or any misbehavior on the part of thestudent shall be liable to be punished severely in accordance with provisionscontained in section 95 (3)(4) of the Maharashtra University Act, 1994.-***-

Walchand Institute of Technology, SolapurSexual Harassment Prohibition CommitteePROHIBITION OF RAGGINGRagging is any act which violates the dignity of the individual student or isperceived to violate his/her dignity. Broadly ragging can be categorized infollowing way –i) Verbal Ragging ii) Severe Verbal Raggingiii) Physical Raggingiv) Sexual RaggingFor various types of ragging the punishment such as imprisonment or fine orboth is prescribed with expulsion etc, if found guilty of ragging.