An Act to provide for effective measures to
prevent and curb the offences of leakage of question papers and use of unfair
means at public examinations for the purpose of recruitment to any post under
the State Government including autonomous bodies, authorities, boards or
corporations, and to provide for designated courts for the trial of such
offences and for matters connected therewith or incidental thereto. Be it enacted by the Rajasthan State
Legislature in the Seventy-third Year of the Republic of India, as follows: - (1) This Act may be called
the Rajasthan Public Examination (Measures for Prevention of Unfair Means in
Recruitment) Act, 2022. (2) It shall extend to
the whole of the State of Rajasthan. (3) It shall come into
force on such date, as the State Government may, by notification in the Official
Gazette, appoint. In this Act, unless the subject or context
otherwise requires,- (a) "conduct of
public examination" means and includes preparation, printing, supervision,
coding, processing, storing, transportation, distribution and collection of
question papers, answer sheets, OMR sheets and result sheets, evaluation,
declaration of result ,etc; (b) "examination
authority" means an examination authority as specified in the Schedule-I; (c) "examination
center" means any institution or part thereof or any other place fixed and
used for the holding of a public examination and includes the entire premises
attached thereto; (d) "examinee"
means a person who has been granted permission by the concerning authority to
appear in a public examination, and includes a person authorized to act as
scribe on his behalf; (e) "public
examination" means examination for the purpose of recruitment to any post
under the State Government including autonomous bodies, authorities, boards or
corporations as specified in the Schedule-II; (f) "unfair means?
includes,- (i) in relation to an
examinee, to take unauthorized help in public examination from any person or
group directly or indirectly or from any material written, recorded, copied or
printed, in any form whatsoever, or use of any unauthorized electronic or
mechanical instrument or gadget; (ii) in relation to any
person,- I.
to
impersonate or leak or attempt to leak or conspire to leak question paper; or II. to procure or attempt
to procure or possess or attempt to possess question paper in unauthorized
manner; or III. to solve or attempt
to solve or seek assistance to solve question paper in unauthorized manner; and IV. directly or
indirectly assist the examinee in the public examination in unauthorized
manner. Explanation.- Any person also includes an
examinee; and (g) the words and
expressions used herein and not defined, but defined in the Indian Penal Code,
1860 (Central Act No. 45 of 1860), shall have the same meanings respectively
assigned to them in that code. ? No person shall use unfair means at any
public examination. No person authorized by virtue of his duties
in conduct of public examination shall before the time fixed for opening and
distribution of question papers- (a) open, leak or procure
or attempt to procure, possess or solve such question paper or any portion or a
copy thereof; or (b) give any confidential
information or promise to give such confidential information to any person or
examinee, where such confidential information is related to or in reference to
such question paper. No person, who is entrusted or engaged 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. No person who is not lawfully authorized or
permitted by virtue of his duties to do so, shall, before the time fixed for
the distribution of question papers- (a) procure or attempt to
procure or possess, such question paper or answer sheet or OMR sheet or any
portion or copy thereof in any form; or (b) impart or offer to
impart, such information which he knows or has reason to believe to be related
to, or derived from or to have a bearing upon such question paper. No person who is not entrusted or engaged
with the work pertaining to public examination or conduct of public examination
or who is not an examinee, shall enter the premises of the examination center. No person who is entrusted or engaged with
the work pertaining to public examination shall use or cause to be used any
place, other than the examination center, for the purpose of holding public
examination. (1) Whenever an offence
under this Act has been committed by Management or Institution or Limited
Liability Partnership or others, every person who at the time the offence was
committed was incharge of, or was responsible to the Management or Institution
or Limited Liability Partnership or others for conduct of the business of the
Management or Institution or Limited Liability Partnership or others, as well
as the Management or Institution or Limited Liability Partnership or others,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly: Provided that nothing contained in this
sub-section shall render any such person liable to any punishment under this Act
if he proves that the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1) where an offence under this Act has been
committed by Management or Institution or Limited Liability Partnership or
others and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director,
partner, manager, secretary or other officer of the Management or Institution
or Limited Liability Partnership or others, such director, partner manager,
secretary or other officer shall also be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly. (1) If any examinee
indulges in unfair means as defined under section 2 (f) (i) shall be liable to
be punished with imprisonment of either description for a term which may extend
to three years and shall also be liable to fine, which shall not be less than
one lakh rupees and in case of default of payment of fine such examinee shall
also be liable to be punished with imprisonment of either description for a
term of nine months. (2) If any person,
including examinee, whether entrusted or authorized with the conduct of public
examination or not, in conspiracy or otherwise indulges or attempts to indulge
in unfair means as defined in section 2 (f) (ii) or contravenes or abets to
contravene any of the provisions of this Act, shall be punished with
imprisonment of either description for a term which shall not be less than five
years but which may extend to imprisonment of ten years and shall also be
liable to fine which shall not be less than ten lakh rupees but which may
extend to ten crore rupees and in case of default of payment of fine such
person shall also be liable to be punished with imprisonment of either
description for a term of two years: Provided that the Court may for any adequate
and special reasons to be recorded in the judgement impose a sentence of
imprisonment for a term of less than five years. An examinee who has been convicted of an
offence under the provision of this Act shall be debarred from taking any
public examination for a period of two years. (1) No person shall hold
or be in possession of any proceeds of any offence under this Act. (2) If an officer,
investigating an offence committed under this Act, has reason to believe that
any property represents proceeds of any offence under this Act, he shall, with
the prior approval in writing of the State Government make an order seizing
such property, movable or immovable or both, and where it is not practicable to
seize such property, make an order of attachment directing that such property
shall not be transferred or otherwise dealt with except with the prior
permission of the officer making such order or, as the case may be, the
Designated Court and a copy of such order shall be served on the person
concerned. (3) The investigating
officer shall duly inform the Designated Court, within forty-eight hours of the
seizure or attachment of such property. (4) It shall be open to
the Designated Court either to confirm or revoke the order of seizure or
attachment made under sub-section (2): Provided
that the Designated Court shall not pass an order unless an opportunity of
making representation is given to the person whose property is being attached. (5) Where the accused has
been convicted of any offence punishable under this Act, the Designated Court
may, in addition to awarding any punishment, by order in writing, declare that
any property, movable or immovable or both belonging to the accused and
specified in the order shall stand confiscated to the State Government free
from all encumbrances. Explanation.- For the purpose of this section
?proceeds of any offence under this Act? means all kind of properties which
have been derived or obtained from commission of any offence under this Act or
have been acquired through funds traceable to any offence under this Act and
shall include cash, irrespective of person in whose name such proceeds are
standing or in whose possession they are found. If the person of the Management or
Institution or Limited Liability Partnership or others has been found guilty of
the offence under sub-section (2) of section 10 of this Act, the Management or
Institution or Limited Liability Partnership or others shall be liable to pay
all cost and expenditure related to the examination, determined by the
Designated Court and shall be banned forever. All offences specified under this Act, shall
be cognizable, non-bailable and non?compoundable. No police officer below the rank of
Additional Superintendent of Police shall investigate any offence committed
under this Act. Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), or in any other
law for the time being in force, the offences specified under this Act shall be
tried by the courts designated under this Act. The State Government may, by notification in
the Official Gazette, designate as many Courts of Sessions in consultation with
the Chief Justice of the High Court of Rajasthan as it may be necessary to try
offences punishable under this Act. The provisions of this Act shall be in
addition to and not in derogation of the provisions of any other law for the
time being in force. (1) If any difficulty
arises in giving effect to the provisions of this Act, the State Government
may, by order, published in Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to be necessary for
removing the difficulty: Provided
that no such order shall be made under this section after the expiry of two
years from the commencement of this Act. (2) Every order made
under this section shall be laid, as soon as may be after it is made, before
the House of the State Legislature. (1) The State Government
may make rules for carrying out the purposes of this Act. (2) All rules made under
this section shall be laid, as soon as may be after they are so made, before
the House of the State Legislature, while it is in session, for a period of not
less than fourteen days, which may comprise in one session or in two successive
sessions and, if before the expiry of the sessions in which they are so laid or
of the sessions immediately following, the House of the State Legislature makes
any modifications in any of such rules or resolves that any such rule should
not be made, such rule shall thereafter have effect only in such modified form
or be or no effect, as the case may be, so however, that any modification or
annulment shall be without prejudice to the validity of anything previously
done thereunder. ? SCHEDULE-I [Section 2(b)] 1.
Rajasthan
Public Service Commission 2.
Rajasthan
High Court 3.
Rajasthan
Staff Selection Board 4.
Any
other authority or agency or recruitment committee engaged or constituted by
the State Government 5.
State
Funded Universities 6.
Rajasthan
Board of Secondary Education 7.
Rajasthan
Police Recruitment and Promotion Board, Jaipur 8.
Public
Sector Undertaking owned by State Government 9.
Any
Societies, Corporations, Local Bodies and all PSU?s owned by the State
Government substantially or partially 10. Any other authority
notified by State Government ? SCHEDULE-II [Section 2(e)] 1.
Any
examination conducted by the Rajasthan Public Service Commission. 2.
Any
examination conducted by the Rajasthan High Court. 3.
Any
examination conducted by the Rajasthan Staff Selection Board. 4.
Any
examination conducted by any other authority or agency or recruitment committee
engaged or constituted by the State Government. 5.
Any
recruitment examination conducted by the State Funded Universities. 6.
Any
recruitment examination conducted by the Rajasthan Board of Secondary
Education. 7.
Any
examination conducted by the Rajasthan Police Recruitment and Promotion Board,
Jaipur. 8.
Any
examination conducted by the Public Sector Undertaking owned by State
Government. 9.
Any
other examination conducted by any Societies, Corporations, Local Bodies and
all PSU?s owned by State Government substantially or partially. 10. Any other examination
notified by the State Government or conducted by any agency appointed by the
State Government.RAJASTHAN PUBLIC EXAMINATION (MEASURES FOR
PREVENTION OF UNFAIR MEANS IN RECRUITMENT) ACT, 2022
Section
- 1. Short title, extent and commencement.
Section
- 2. Definitions.
?
Section
- 3. Prohibition of use of unfair means.
Section
- 4. Possession and disclosure of question paper.
Section
- 5. Prevention of leakage by person entrusted or engaged with examination
work.
Section
- 6. Unauthorized possession or disclosure of question paper and answer sheet
or OMR sheet in any form.
Section
- 7. Prohibition to enter in examination center.
Section
- 8. No place other than examination center shall be used for public
examination.
Section
- 9. Offences by Management, Institution or others.
Section
- 10. Penalties.
Section
- 11. Debarment on conviction.
Section
- 12. Attachment and confiscation of property.
Section
- 13. Liability of Management etc. to pay all cost and expenditure.
Section
- 14. Offences to be Cognizable, non?bailable and non- compoundable.
Section
- 15. Investigation of the offences.
Section
- 16. Cases triable by Designated Courts.
Section
- 17. Power to appoint Designated Courts.
Section
- 18. Act not in derogation of any other law.
Section
- 19. Power to remove difficulties.
Section
- 20. Power to make rules.