Keyword(s):
Examination Centre, Examinee, Public Examination, Unauthorised
Possession and Disclosure of Question Paper, Penalty for Leakage, Punishable
Offence
172
THE UTTAR PRADESH PUBLIC EXAMINATION
(PREVENTION OF UNFAIR MEANS) ACT, 1998
[U.P. ACT NO. 13 OF 1998]
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to prevent the leakage of question papers and the use of unfair means at public
examinations and to provide for matters connected therewith and incidental thereto.
IT IS HEREBY enacted in the Forty-ninth Year of the Republic of India as
follows:-
CHAPTER- I
PRELIMINARY
Short title and
commencement
1- (1) This Act may be called the Uttar Pradesh Public Examinations (Prevention
of Unfair Means) Act, 1998.
(2) It shall be deemed to have come into force on March 18, 1998.
Definitions 2- In this Act-
(a) “examination centre” means any institution or part thereof or any other
place fixed for the holding of a public examination and includes the entire
premises attached thereto;
(b) “examinee” means a person who has been granted permission to appear
in a public examination and includes a person authorized to act as scribe on his
behalf;
(c) “public examination” means an examination specified in the schedule,
conducted for the awarding or granting of any degree, diploma, certificate or
any other academic distinction to a person who is lawfully declared to have
been successful at such examination;
(d) “unfair means” in relation to an examinee while answering questions in
a public examination means the unauthorized help from any person directly or
indirectly, or from any material written, recorded, copied or printed, in any form
whatsoever, or the use of any unauthorized telephonic, wireless or electronic or
other instrument or gadget.
CHAPTER – II
PREVENTION OF UNFAIR MEANS
Prohibition of
the use of unfair
means
3- No examinee shall use unfair means at any public examination.
Unauthorized
Possession and
disclosure of
question paper
4- No person, who is not lawfully authorize or permitted by virtue of his duties
so to do shall, before the time fixed for distribution of question papers to
examinees at a public examination, –
(a) procure or attempt to procure or possess, such question paper or any
portion or a copy there of; or
173
[The Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998] [Section 5-12]
(b) impart, or offer to impart, information which he knows or has reason to
believe, to be related to, or derived from, or to have a bearing upon such
question upon such question paper.
Prevention of
leakage by
person
entrusted with
examination
work
5- No person, who is entrusted with any work pertaining to public examination
shall, except where he is permitted by virtue of his duties so to do, directly or
indirectly divulge or cause to be divulged or make known to any other person any
information or part thereof which has come to his knowledge by virtue of the work
being so entrusted to him.
Prohibition on
entry into an
Examination
Centre
6- No person, who is not entrusted with any work pertaining to public
examination, or who is not an examinee shall during the continuance of public
examination enter into an examination centre or having entered into such centre
remain there or provide any help or assistance to an examinee in using unfair means
in the public examination.
No person on
the management etc. shall
assist to an
examinee
7- No person who is on the management or on the staff of an institution which is
being used for the holding of a public examination, or who is entrusted with any
work pertaining to public examination, shall provide any help or assistance to an
examinee in using unfair means in public examination.
No place other
than examination centre shall
be used for public examination
8- No person shall use or cause to be used any place, other than the examination
centre, for the purposes of holding of public examination.
CHAPTER –III
PENALTY AND PROCEDURE
Penalty for
use of unfair
means
9- Whoever contravenes or attempts to contravene or abets the contravention of
the provisions of section 3 shall be punished with imprisonment for a term which
may extent to three months or with fine which may extent to two thousand rupees or
with both.
Penalty for
leakage
10- Whoever, contravene or attempts to contravene or abets the contravention of
the provisions of section 4 or section 5 or section 6 or section 7 or section 8, shall
be punished with imprisonment for a term which may extent to one year or with
fine which may extent to five thousand rupees or with both.
Penalty for
offence with
preparation to
cause hurt etc.
11- Whoever, commits an offence punishable under section 9 or section 10 having
made preparation for, causing death of any person or causing hurt to any person or
assaulting any person or for wrongfully restraining any person or for putting any
person in fear of death or hurt or assault or wrongful restraint shall be punished with
imprisonment for a term which may extend to five years or with fine which may
extend to five thousand rupees or with both.
Procedure 12- (1) An offence punishable under section 9 shall be cognizable and bailable.
(2) An offence punishable under section 10 or 11 shall be cognizable and nonbailable.
174
[The Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998] [Section 13-Schedule]
(3) All offences punishable under this Act shall be tried summarily by a
Metro-Politian Magistrate or a Judicial Magistrate of the first class and the
provisions of sub-section (1) of section 262, section 263, section 264 and section
265 of the code of Criminal Procedure, 1973 shall mutatis mutandis apply to such
summary trial.
CHAPTER-IV
MISCELLANEOUS
Protection of
action taken
in good faith
13- No suit, prosecution or other legal proceeding shall lie against the State
Government or any person for anything which is in good faith done or intended to
be done under this Act or the rules made thereunder.
Power to
amend
Schedule
14- The State Government may, by notification, include in the Schedule, any
other examination, in respect of which it considers necessary to apply the
provisions of this Act and upon the publication of such notification in the Gazette
the Schedule shall be deemed to be amended accordingly.
Power to make
Rules
15- The State Government may, by notification, make rules for caring out the
purposes of this Act.
Repeal and
saving
16- (1) The Uttar Pradesh Public Examination (Prevention of Unfair Means)
Ordinance, 1998 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the
provisions of the Ordinance referred to in sub-section (1) shall be deemed to have
been done or taken under corresponding provisions of this Act as if the provisions
of this Act were in force at all material times.
SCHEDULE
[See section 2(c)]
1- High School and Intermediate examinations conducted by the Board of High
School and Intermediate Education, Uttar Pradesh under the Intermediate
Education Act, 1921.
2- Any examination conducted by any University or any other Board or body
established by or under an Uttar Pradesh Act.
