Additional Provisional for dealing with the cases of using Unfairmeans during the Examinations

In additional to provisions laid down from Page No. 54 to 57 to deal with cases of unfairmeans during the examination by the University, such candidates will also be dealt with additionally in pursuance of the Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992 which reproduced below.

THE RAJASTHAN PUBLIC EXAMINATION

PREVENTION OF UNFAIRMEANS) ACT, 1992.
(Received the assent of the Governor on the 8th day of November, 1992)
An
Act

To prevent the leakage of question papers and use of unfairmeans of Public Examinations and to provide for matter connected there with the incidental thereto.

Be it enacted by the Rajasthan State Legislature in the Forty-third Year of the Public of India as follows:

  1. Short title, Extent and commencement:

    1. This Act may be called the Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992.

    2. It shall extend to the whole of the State of Rajasthan.

    3. It shall come into force at once.

  2. Definition - In the Act.
    1. "Examination center" means any place fixed for holding public examination and includes the entire premises attached thereto.

    2. "Public examination" means any examination specified in the schedule.

    3. "Unfairmeans" in relation to an examination while answering question in public examination, means the unauthorized help from any person, or from any material written, recorded or printed, in any form whatsoever or the use of any unauthorized telephone, wireless or electronic or other instruments or gadget: and

    4. The words and expression used herein and not defined in Indian Penal Code (45 of 1960) have the meaning, respectively assigned to then in that code.

  3. Prohibition of use of Unfairmeans: No person shall use unfairmeans at any public examination.

  4. Unauthorized possession or disclosure of question paper: No person who is not lawfully authorized or permitted by the virtue of his duties so to do shall before the time fixed for distribution of question papers to examinees at a public examination -

    1. Procure or attempt to procure or possess, such question paper or any portion or copy thereof; or

    2. Impart or offer to impart, information, which he knows or has reason to believe to be related to or derived from or to have beating upon such question paper.

  5. Prevention of leakage by person entrusted with examination work: 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 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.

  6. Penalty: Whoever contravenes or attempts to contravene or abets the contravention of the provisions of Section 3 or Section 4 or Section 5, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to two thousand rupees or with both.

  7. Penalty for offence with preparation to cause hurt: Whoever commits an offence punishable under Section 6 having made preparation for, causing death of any person or causing hurt to any person or assaulting any person or fro 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 three years and shall also be liable to fine which may extend to five thousand rupees.

  8. Power to amend schedule: The State Government may notify in the official Gazette, included in the schedule any other examination in respect of which it considers necessary to apply the provision of this Act and upon the publication in the Official Gazette, the Schedule shall be deemed to have amended to have accordingly.

The Schedule
(Section 2)

  1. Any examination conducted by the Board Of Secondary Education for Rajasthan under the Rajasthan Secondary Examination act, (Act no. 42 of 1957)

  2. Any examination conducted by any University established by law in India.

  3. Any examination conducted by the Rajasthan Public Service Commissions or Union Public Service Commission.

J. P. Bansal
Secretary to the Government

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