Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992
No: 27 Dated: Nov, 04 1992
Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992
(Act No. 27 of 1992)
An Act to prevent the leakage of question papers and use of unfair means at public examinations and to provide for matters connected therewith and incidental thereto,
Be it enacted by the Rajasthan State Legislature in the Forty-third year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. In this Act-
(a) "examination centre" means any place fixed for holding public examination and includes the entire premises attached thereto;
(b) "public examination" means any of the examination specified in the schedule;
(c) "unfai" means in relation to an examination while answering question in a public examination, means the unauthorised help from any person, or from any material written, recorded or printed, in any form whatsoever the use of any unauthorised telephonic wireless or electronic or other instrument or gadget;
(d) the words and expressions used herein and not defined, but defined in the Indian penal Code (45 of 1860), have the meanings respectively assigned to them in that Code.
3. Prohibition of use of unfair means - No person shall use unfair means at any public examination.
4. Unauthorised possession or disclosure of question paper - No person who is not lawfully authorised 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 copy thereof; or
(b) impart or offer to impact, information which he knows or has reason to believe to be related to, or derived from or to have a bearing upon such question papers.
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 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.
[6. Penalty. - Whoever contravenes or attempts to contravene or abets the contravention of the provisions of,-
(i) Section 3, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to two thousand rupees or with both; and
(ii) Section 4 or section 5, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years and with fine which may extend to ten thousand rupees.]
[6A. Punishment for committing theft, extortion or robbery of question papers. - Whoever commits theft, extortion or robbery of question papers of any public examination, at any time before the examination in such question paper is over, shall,notwithstanding anything to the contrary contained in the Indian Penal Code, 1860 (Central Act No. 45 of 1860) be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years and with fine which shall not be less than fifteen thousand rupees but which may extend to one lac rupees.]
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 for wrongfully restraining any person or for putting any person in fear of death of 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, by notification in the Official Gazette include in the Schedule any other public examination in respect of which it considers necessary to apply the provisions of this Act and upon the publication in the Official Gazette the Schedule shall be deemed to have been amended accordingly.