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UNDER GRADUATE
MEDICAL COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 3rd August,
2009
No. MCI-34(1)/2009-Med./25453, In
exercise of the powers conferred by Section 33 of
the Indian Medical Council Act, 1956 (102 of 1956)
the Medical Council of India with the previous
sanction of the Central Government hereby makes the
following Regulations, namely:-
1. Short title,
commencement and applicability
(i) These
Regulations may be called the Medical Council of
India (Prevention and Prohibition of Ragging in
Medical Colleges/Institutions) Regulations,
2009.
(ii) They shall
come into force on the date of their publication
in the Official Gazette.
2. Objective:-
To root out ragging in all its
forms from medical colleges/institutions in the
country by prohibiting it by law, preventing its
occurrence by following the provisions of these
Regulations and punishing those who indulge in
ragging as provided for in these Regulations and the
appropriate law in force.
3. Definitions:- For
the purposes of these Regulations:-
3.1 “Medical College” means
an institution, whether known as such or by any
other name, which provides for a programme, beyond
12 years of schooling, for obtaining recognized MBBS
qualification from a university and which, in
accordance with the rules and regulations of such
university, is recognized as competent to provide
for such programmes of study and present students
undergoing such programmes of study for the
examination for the award of recognized MBBS/PG
Degree/Diploma qualifications.
3.2 “Head of the
institution” means the Dean/Principal/Director of
the concerned medical college/institution.
3.3 Ragging” includes the
following:
Any conduct whether by words
spoken or written or by an act which has the effect
of harassing, teasing, treating or handling with
rudeness any other student, indulging in rowdy or
undisciplined activities which causes or is likely
to cause annoyance, hardship or psychological harm
or to raise fear or apprehension thereof in a
fresher or a junior student or asking the students
to do any act or perform something which such
student will not in the ordinary course and which
has the effect of causing or generating a sense of
shame or embarrassment so as to adversely affect the
physique or psyche of a fresher or a junior student.
3.4 MCI means MCI
constituted in terms of Section 3 of Indian Medical
Council Act, 1956.
3.5 “University” means a
university established or incorporated by or under a
Central Act, a Provincial Act or a State Act, an
institution deemed to be university under Section 3
of the UGC Act,1956, or an institution specially
empowered by an Act of Parliament to confer or grant
degrees.
4. Punishable
ingredients of Ragging:-
• Abetment to ragging;
• Criminal conspiracy to rag;
• Unlawful assembly and rioting
while ragging;
• Public nuisance created during
ragging;
• Violation of decency and morals
through ragging;
• Injury to body, causing hurt or
grievous hurt;
• Wrongful restraint;
• Wrongful confinement;
• Use of criminal force;
• Assault as well as sexual
offences or even unnatural offences;
• Extortion;
• Criminal trespass;
• Offences against property;
• Criminal intimidation;
• Attempts to commit any or all
of the above mentioned offences against the victim(s);
• Physical or psychological
humiliation.
• All other offences
following from the definition of “Ragging”.
5. Measures for
prohibition of ragging:-
5.1 The Medical
College/Institution / University shall strictly
observe the provisions of the Act of the Central
Government and the State Governments, if any, or if
enacted and / or for the time being in force,
considering ragging as a cognizable offence under
the law at par with rape and other atrocities
against women and ill-treatment of persons belonging
to the SC/ST and prohibiting ragging in all its
forms in all institutions.
5.2 Ragging in all its
forms shall be totally banned in the entire Medical
College/Institution / University including its
departments, constituent units, all its premises
(academic, residential, sports, canteen, etc)
whether located within the campus or outside and in
all means of transportation of students whether
public or private.
5.3 The Medical
College/Institution / University shall take strict
action against those found guilty of ragging and/or
of abetting ragging.
6. Measures for
prevention of ragging at the institution level:-
6.1 Before admissions:-
6.1.1 The advertisement for
admissions shall clearly mention that ragging is
totally banned / prohibited in the Medical
College/Institution and anyone found guilty of
ragging and/or abetting ragging is liable to be
punished appropriately.
6.1.2 The brochure of
admission/instruction booklet for candidates shall
print in block letters these Regulations in full
(including Annexures).
6.1.3 The ‘Prospectus’ and
other admission related documents shall incorporate
all directions of the Hon’ble Supreme Court and /or
the Central or State Governments as applicable, so
that the candidates and their parents/ guardians are
sensitized in respect of the prohibition and
consequences of ragging.
6.1.4 A Brochure or
booklet/leaflet shall be distributed to each student
at the beginning of each academic session for
obtaining undertaking not to indulge or abet ragging
and shall contain the blueprint of prevention and
methods of redress.
The application form for
admission/ enrolment shall have a printed
undertaking, preferably both in English/Hindi and in
one of the regional languages known to the
institution and the applicant (English version given
in Annexure I, Part I), to 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 to the effect that he/she
has not been expelled and/or debarred from admission
by any institution and that he/she, if found guilty
of the offence of ragging and/or abetting ragging,
is liable to be punished appropriately.
6.1.5 The application form
shall also contain a printed undertaking, preferably
both in English/Hindi and in one of the regional
languages known to the institution and the parent/
guardian (English version given in Annexure I, Part
II), to 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.
A database shall be created out
of affidavits affirmed by each student and his/her
parents/guardians stored electronically, and shall
contain the details of each student. The database
shall also function as a record of ragging
complaints received.
6.1.6 The application for
admission shall be accompanied by a document in the
form of the School Leaving Certificate/transfer
certificate/migration certificate/ Character
Certificate which shall include a report on the
behavioral pattern of the applicant, so that the
institution can thereafter keep intense watch upon a
student who has a negative entry in this regard.
6.1.7 A student seeking
admission to the hostel shall have to submit
additional undertaking in the form of Annexure I
(both Parts) along with his/ her application for
hostel accommodation.
6.1.8 At the commencement of
the academic session the Head of the Institution
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 in the Institution and steps to be taken to
identify the offenders and punish them suitably.
6.1.9 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 multicolored with different
colours 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.
6.1.10 Apart from placing
posters mentioned in sub-clause 6.1.9 above at
strategic places, the Medical College/Institution
shall undertake measures for extensive publicity
against ragging by means of audio-visual aids, by
holding counseling sessions, workshops, painting and
design competitions among students and other methods
as it deems fit.
6.1.11 The Medical
College/Institution/University shall request the
media to give adequate publicity to the law
prohibiting ragging and the negative aspects of
ragging and the institution’s resolve to ban ragging
and punish those found guilty without fear or favour.
6.1.12 The Medical
College/Institution/University shall identify,
properly illuminate and man all vulnerable
locations.
6.1.13 The Medical
College/Institution/University 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.
6.1.14 The Medical
College/Institution/University shall utilize the
vacation period before the start of the new academic
year to launch wide publicity campaign against
ragging through posters, leaflets. seminars, street
plays, etc.
6.1.15 The faculties/
departments/ units of the Medical
College/Institution /University 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.
The Principal or Head of the
Institution/Department shall obtain an undertaking
from every employee of the institution including
teaching and non-teaching members of staff, contract
labour employed in the premises either for running
canteen or as watch and ward staff or for cleaning
or maintenance of the buildings/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 port of their service
record.
6.2. On admission:-
6.2.1 Every fresher admitted
to the Medical College/Institution/University shall
be given a printed leaflet detailing when and to
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 committees,
relevant district and police authorities), addresses
and telephone numbers of such persons/authorities,
etc., so that the fresher need not look up to the
seniors for help in such matters and get indebted to
them and start doing things, right or wrong, at
their behest. Such a step will reduce the freshers’
dependence on their seniors.
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.
6.2.2 The Medical
College/Institution/University through the leaflet
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.
6.2.3 The leaflet mentioned
above shall also inform the freshers about their
rights as bonafide students of the institution 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.
6.2.4 The leaflet mentioned
above shall contain a calendar of events and
activities laid down by the institution to
facilitate and complement familiarization of
freshers with the academic environment of the
institution.
6.2.5 The Medical
College/Institution/University shall also organize
joint sensitization programmes of ‘freshers’ and
seniors.
On the arrival of senior
students after the first week or after the second
week as the case may be, further orientation
programmes must be scheduled as follows (i) joint
sensitization programme and counseling of both 'freshers'
and senior by a Professional counselor; (ii) joint
orientation programme of 'freshers' and seniors to
be addressed by the principal/Head of the
institution, and the anti -ragging committee ; (iii)
organization on a large scale of cultural, sports
and other activities to provide a platform for the 'freshers'
and seniors to interact in the presence of faculty
members ; (iv) in the hostel, the warden should
address all students; may request two junior
colleagues from the college faculty to assist the
warden by becoming resident tutors for a temporary
duration.
6.2.6 Freshers shall be
encouraged to report incidents of ragging, either as
victims, or even as witnesses.
6.3. At the end of the
academic year:-
6.3.1 At the end of every
academic year the Dean/Principal/Director shall send
a letter to the parents/guardians of the students
who are completing the first year informing them
about the law regarding ragging and the punishments,
and appealing to them to impress upon their wards to
desist from indulging in ragging when they come back
at the beginning of the next academic session.
6.3.2 At the end of every
academic year the Medical College/Institution
/University shall form a ‘Mentoring Cell’ consisting
of Mentors for the succeeding academic year. There
shall be as many levels or tiers of Mentors as the
number of batches in the institution, at the rate of
1 Mentor for 6 freshers and 1 Mentor of a higher
level for 6 Mentors of the lower level.
Each batch of freshers should be
divided into small groups and each such group shall
be assigned to a member of the staff. Such staff
member should interact individually with, each
member of the group on a daily basis for
ascertaining the problems/difficulties if any faced
by the fresher in the institution and extending
necessary help.
In the case of freshers admitted
to a hostel it shall be the responsibility of the
teacher in charge of the group to coordinate 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.
6.4. Setting up of
Committees and their functions:-
6.4.1 The Anti-Ragging
Committee:- Every institution shall have an
Anti-Ragging Committee and an Anti -Ragging Squad.
The Anti-Ragging Committee shall be headed by the
Head of the institution and shall consist of
representatives of civil and police administration,
local media, Non Government Organizations involved
in youth activities, faculty members, parents,
students belonging to the freshers’ category as well
as seniors and non-teaching staff. It shall monitor
the Anti Ragging activities in the institution,
consider the recommendations of the Anti-Ragging
Squad and take appropriate decisions, including
spelling out suitable punishments to those found
guilty.
6.4.2 The Anti-Ragging Squad:-
The Anti-Ragging Squad shall be nominated by the
Head of the institution with such representation as
considered necessary and shall exclusively consist
of members belonging to the various sections of the
campus community. The Squad shall have vigil,
oversight and patrolling functions. It shall be kept
mobile, alert and active at all times and shall be
empowered to inspect places of potential ragging and
make surprise raids on hostels and other hot spots.
The Squad shall investigate incidents of ragging and
make recommendations to the Anti-Ragging Committee
and shall work under the overall guidance of the
Anti-Ragging Committee.
All matters of discipline within
teaching institutions must be resolved within the
campus except those impinging on law and order or
breach of peace or public tranquility, all of which
should be dealt with under the penal laws of the
land
University Monitoring Cell At
the level of the University, we recommend that there
should be a Monitoring Cell on Ragging, which should
coordinate with the affiliated colleges and
institutions under its domain. The Cell should call
for reports from the Heads of institutions in regard
to the activities of the Anti-Ragging Committee,
Anti - Ragging Squads, Monitoring Cells at the level
of the institution, the compliance with instructions
on conducting orientation programmes, counseling
sessions, the incidents of ragging, the problems
faced by wardens or other officials. It should also
keep itself abreast of the decisions of the District
level Anti – Ragging Committee. This Monitoring Cell
should also review the efforts made by institutions
o publicize anti - ragging measures, soliciting of
undertaking from parents and students each year to
abstain from ragging activities or willingness to be
penalized for violations; and should function as the
prime mover for initiating action on the part of the
appropriate authorities of the university for
amending the Statutes or Ordinances or Bye -laws to
facilitate the implementation of anti-ragging
measures at the level of the institution.
6.5. Other measures:-
6.5.1 The Annexures mentioned
in 6.1.4, 6.1.5 and 6.1.7 of these Regulations shall
be furnished at the beginning of each academic year
by every student, that is, by freshers as well as
seniors.
6.5.2 The Medical
College/Institution /University shall arrange for
regular and periodic psychological counseling and
orientation for students (for freshers separately,
as well as jointly with seniors) by professional
counselors during the first three months of the new
academic year. This shall be done at the institution
and department/ course levels. Parents and teachers
shall also be involved in such sessions.
6.5.3 Full-time warden shall
be appointed as per the eligibility criteria laid
down for the post reflecting both the command and
control aspects of maintaining discipline, as well
as the softer skills of counseling and communicating
with the youth outside the class-room situations.
Wardens shall be accessible at all hours and shall
be provided with mobile phones and the details of
their telephone number must be widely publicized.
Similarly, the telephone numbers of the other
important functionaries - Heads of institutions,
faculty members, members of the anti-ragging
committees, district and sub-divisional authorities
and state authorities where relevant, should also be
widely disseminated for the needy to get in touch or
seek help in emergencies. The institution shall
review and suitably enhance the powers and
perquisites of Wardens and authorities involved in
curbing the menace of ragging.
Futher the institutions shall
provide necessary incentives for the post of
full-time warden, so as to attract suitable
candidates.
6.5.4 Freshers shall 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 college
staff.
As ragging takes place mostly in
the hostels after the classes are over in the
college, a round the clock vigil against ragging in
the hostel premises shall be provided. It is seen,
that college canteens and hostel messes are also
places where ragging often takes place. The
employers/employees of the canteens/mess shall be
given necessary instructions to keep strict vigil
and to report the incidents of ragging to the
college authorities if any.
The security personnel posted in
hostels shall be under the direct control of the
Wardens and assessed by them.
6.5.5 Private commercially
managed lodges and hostels shall be registered with
the local police authorities, and this shall be done
necessarily on the recommendation of the Head of the
institution. Local police, local administration and
the institutional authorities shall ensure vigil on
incidents that may come within the definition of
ragging and shall be responsible for action in the
event of ragging in such premises, just as they
would be for incidents within the campus.
Managements of such private hostels shall be
responsible for action in the event of ragging in
such premises, just as they would be for incidents
within campuses.
6.5.6 Besides registering
private hostels as stated above, the towns or cities
where educational institutions are
located should be apportioned as sectors among
faculty members, as is being done by some
institutions, so that they could maintain vigil and
report any incidents of ragging outside campuses and
en route while 'freshers' commute.
6.5.7 The Head of the
institution shall take immediate action on receipt
of the recommendations of the Ant-Ragging Squad. He/
She shall also take action suo motu if the
circumstances so warrant.
6.5.8 Freshers who do not
report the incidents of ragging either as victims or
as witnesses shall also be punished suitably.
6.5.9 Anonymous random surveys
shall be conducted across the 1st year batch of
students (freshers) every fortnight during the first
three months of the academic year to verify and
cross-check whether the campus is indeed free of
ragging or not. The institution may design its own
methodology of conducting such surveys.
6.5.10 The burden of proof shall
lie on the perpetrator of ragging and not on the
victim.
6.5.11 The institution shall file
an FIR with the police / local authorities whenever
a case of ragging is reported, but continue with its
own enquiry and other measures without waiting for
action on the part of the police/ local authorities.
Remedial action shall be initiated and completed
within the one week of the incident itself.
6.5.12 The Migration/Transfer
Certificate issued to the student by the Medical
College/Institution /University shall have an entry,
apart from those relating to general conduct and
behaviour, whether the student has been punished for
the offence of committing or abetting ragging, or
not, as also whether the student has displayed
persistent violent or aggressive behaviour or any
inclination to harm others.
6.5.13 Preventing or acting
against ragging shall be the collective
responsibility of all levels and sections of
authorities or functionaries in the Medical
College/Institution /University, including faculty,
and not merely that of the specific body/ committee
constituted for prevention of ragging.
6.5.14 As such the college
canteens and hostel messes are also places where
ragging often takes place, hence the
employers/employees of the canteens/mess shall be
given necessary instructions to keep strict vigil
and to report the incidents of ragging to the
college authorities, if any.
Further access to mobile phones
and public phones shall be unrestricted in hostels
and campuses, except in class-rooms, seminar halls,
library etc. where jammers shall be installed to
restrict the use of mobile phones.
6.6 Measures for
encouraging healthy interaction between freshers and
seniors:-
6.6.1 The Medical
College/Institution /University shall set up
appropriate committees including the course-in-
charge, student advisor, Warden and some senior
students to actively monitor, promote and regulate
healthy interaction between the freshers and senior
students.
6.6.2 Freshers’ welcome
parties shall be organized in each department by the
senior students and the faculty together soon after
admissions, preferably within the first two weeks of
the beginning of the academic session, for proper
introduction to one another and where the talents of
the freshers are brought out properly in the
presence of the faculty, thus helping them to shed
their inferiority complex, if any, and remove their
inhibitions.
6.6.3 The Medical
College/Institution /University shall enhance the
student-faculty interaction by involving the
students in all matters of the institution, except
those relating to the actual processes of evaluation
and of faculty appointments, so that the students
shall feel that they are responsible partners in
managing the affairs of the institution and
consequently the credit due to the institution for
good work/ performance is due to them as well.
7. Regulatory Measures
The inspecting/visiting
committees of MCI shall cross verify that the
medical college/institution has strictly complied
with the anti ragging measures and has a blemishless
record in terms of there being no incident of
ragging during the impending period (i.e. from
earlier inspection) or otherwise.
8. Awardable
Punishments.
8.1 At the Medical
College/Institution level:
Depending upon the nature and
gravity of the offence as established by the
Anti-Ragging Committee of the institution, the
possible punishments for those found guilty of
ragging at the institution level shall be any one or
any combination of the following:
8.1.1 Suspension from
attending classes and academic privileges.
8.1.2 Withholding/withdrawing
scholarship/ fellowship and other benefits
8.1.3 Debarring from appearing
in any test/ examination or other evaluation
Process.
8.1.4. Withholding results
8.1.5 Debarring from
representing the institution in any regional,
national or international meet, tournament, youth
festival, etc.
8.1.6 Suspension/ expulsion
from the hostel
8.1.7 Cancellation of
admission.
8.1.8 Rustication from the
institution for period ranging from 1 to 4 semesters
8.1.9 Expulsion from the
institution and consequent debarring from admission
to any other institution for a specific period.
8.1.10 Fine of Rs. 25,000/- and
Rs. 1 lakh.
8.1.11 Collective punishment:
When the persons committing or abetting the crime of
ragging are not identified, the institution shall
resort to collective punishment.
8.2 Penal consequences
for the heads of the institutions/administration of
the institution who do not take timely steps in the
prevention of ragging and punishing those who rag.
The authorities of the
institution particularly the Head of the
institution, shall be responsible to ensure that no
incident of ragging takes place in the institution.
In case any incident of ragging takes place, the
Head shall take prompt and appropriate action
against the person (s) whose dereliction of duty
lead to the incident. The authority designated to
appoint the Head shall, in its turn, take prompt and
appropriate action against the Head.
In addition to penal
consequences, departmental enquiries be initiated
against such heads institutions / members of the
administration / faculty members / non-teaching
staff, who display an apathetic or insensitive
attitude towards complaints of ragging.
8.3 At the MCI level
8.3.1 Impose an exemplary fine
of Rs. 1 lakh for each incident of ragging payable
by erring medical college/institution to such
authority as may be designated by the appropriate
Govt., as the case may be.
8.3.2 Declare the erring
Medical College/Institution/University as not having
the minimum academic standards and warning the
potential candidates for admission at such
institution through public notice and posing on the
MCI website.
8.3.3 Declare the erring
Medical College/Institution/University to be
ineligible for preferring any application u/s 10A of
the Indian Medical Council Act, 1956 for a minimum
period of one year, extendable by such quantum by
the Council as would be commensurate with the wrong.
(Lt. Col. (Retd.) Dr. A.R.N.
Setalvad)
SECRETARY
ANNEXURE I, Part I
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undertaking
UNDERTAKING BY THE
CANDIDATE/STUDENT
1. I,
________________________________________________________________
S/o. D/o. of
Mr./Mrs./Ms._________________________________________,
have carefully read and fully understood the law
prohibiting ragging and the directions of the
Supreme Court and the Central/State Government in
this regard.
2. I have received a copy
of the MCI Regulations on Curbing the Menace of
Ragging in Higher Educational Institutions, 2009.
3. I hereby undertake
that-
• I will not
indulge in any behavior or act that may come under
the
definition of ragging,
• I will not
participate in or abet or propagate ragging in any
form,
• I will not
hurt anyone physically or psychologically or cause
any other harm.
4. I hereby agree that if
found guilty of any aspect of ragging, I may be
punished as per the provisions of the MCI
Regulations mentioned above and/or as per the law in
force.
Signed this ___________________
day of _____________ month of __________year
Signature
Address: _______________
_______________________
_______________________
Name:
(1) Witness:
(2) Witness:
ANNEXURE I, Part II
UNDERTAKING BY PARENT/GUARDIAN
1. I,
________________________________________________________________
F/o. M/o.
G/o__________________________________________________,
have carefully read and fully understood the law
prohibiting ragging and the directions of the
Hon’ble Supreme Court and the Central/State
Government in this regard as well as the MCI
Regulations on Curbing the Menace of Ragging in
Higher Educational Institutions, 2009.
2. I assure you that my
son/ daughter/ ward will not indulge in any act of
ragging.
3. I hereby agree that if
he/she is found guilty of any aspect of ragging,
he/she may be punished as per the provisions of the
MCI Regulations mentioned above and/or as per the
law in force.
Signed this ______________ day of
__________ month of __________ Year
Signature
Address: _______________
_______________________
_______________________
Name:
(1) Witness:
(2) Witness:
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