Jammu and Kashmir (Prevention of Unfairmeans) Examinations Act, 1987
No: 20 Dated: Jan, 04 1988
THE JAMMU AND KASHMIR (PREVENTION OF UNFAIRMEANS) EXAMINATIONS ACT, 1987
(Act No. XX of 1987)
An Act to regulate the conduct of examinations and to provide for the punishment of unfairmeans used or committed in such examinations.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty eighth Year of the Republic of India as follows
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir (Prevention of Unfairmeans) Examinations Act, 1987.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.]
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "board" means the Jammu and Kashmir State Board of School Education established under the Jammu and Kashmir Board of School Education Act, 1975;
(b) "Candidate" means a person appearing or claiming to appear in an examination;
(c) "Competent authority" means a University or the Board as the case may be;
(d) "conduct of examination" includes supervision of examinations, preparation or distribution of question papers, coding, evaluation, processing of examination, results and certification thereof;
(e) "examination" means any examination held by a University or the Board;
(f) "examination centre" means the premises specified by the competent authority as such for holding of any examination;
(g) "inspection team" means a team of two or more persons appointed and authorised by the competent authority to inspect any examination centre and submit its report to the competent authority about the conduct of examination of each such examination centre.
Provided that the competent authority may appoint any person to perform and discharge the functions of the inspection team;
(h) "regulations" means the regulations made by the board under the Jammu and Kashmir Board of School Education Act, 1975;
(i) "statutes" means the statutes made by a University under the Act under which the University is established;
(j) "Supervisory staff" means any person appointed by the competent authority under any law for the supervision and conduct of an examination and includes such other person as are appointed by the competent authority to perform the duties and functions connected with the conduct of an examination.
(k) "unfairmeans" in relation to an examination means if a candidate-
(i) possesses or keeps accessible in the examination hall any paper, note book or material connected with the subject of the examination in which he is appearing;
(ii) gives assistance or guidance to or receives it from any other candidate or communicates or attempts to communicate with any other candidate or person in or outside the examination hall in respect of any matter connected with the subject or the examination in which he is appearing; or
(iii) copies or has copied in the examination hall from any paper book or note or any other material relevant to the subject of examination in which he is appearing or;
(iv) changes his seat with any other candidate or occupies a vacant seat or the seats of any other candidate not allotted to him; or
(v) refuse to obey the orders of the supervisory staff;
(vi) misbehaves or commits an act of violence or creates disturbance of any kind in and around the examination hall; or organizes a walkout or instigates others to stage a walkout; or
(vii) inpersonates or misrepresents any other candidate in connection with the examination;or
(viii) smuggles an answer book, or part thereof or continuation sheet into the examination hall or takes out or arranges to send out an answer book or part thereof or a continuation sheet or replaces the answer book, its inner sheets, or continuation sheets during or after the examination with or without the connivance of the supervisory staff; or
(ix) threatens the supervisory staff on duty in or outside the examination hall with any injury to his person or to any of his relations or friends; whether by words either spoken or written or by signs or by visible representations or otherwise with a view to inducing the supervisory staff or any person on duty in or outside the examination hall to show any concession; or
(x) discloses his identity or makes a distinctive mark in the answer book for purposes of his identification; or
(xi) appeals to or approaches the supervisory staff by himself or through any relative guardian or friend for obtaining any concession in respect of the examination in which he is appearing or has appeared or makes an appeal to the supervisory staff in his answer book; or
(xii) uses abusive or obscene or indecent language in the answer book; or
(xiii) obtains or attempts to obtain admission to an examination of false representation made on his admission form or forges another persons signatures on his admission form; or
(xiv) during the course of examination, writes either on blotting paper, or any other piece of paper a question set in the paper, or anything connected with or relating to a question set in the paper or solution thereof; or
(xv) possesses a solution to question set in the paper through the connivance of any member of the supervisory or menial staff or an outside agency; or
(xvi) leaves the examination hall without delivering the answer book and takes it away with him or intentionally tears off the answer book or any part thereof or continuation sheet or part thereof inside or outside the examination hall; or
(xvii) approaches or attempts to influence directly or indirectly, regarding his unfairmeans misconduct case to a member of the Committee for scrutiny of misconduct/ unfairmeans cases;
(xviii) forces his entry into an examination hall for the purpose of taking the examination even after being told that he is not eligible to sit for the examination;or
(xix) possesses any lethal weapon or firearm or comes in drunken condition to the examination hall; or
(xx) engages in any other act or omission which has the tendency to disrupt the orderly conduct of the examination;
(l) "University" means a University established under any Act passed by the State legislature.