UTTAR
PRADESH PUBLIC EXAMINATIONS (PREVENTION UNFAIR MEANS) ACT, 1998 THE UTTAR PRADESH
PUBLIC EXAMINATIONS (PREVENTION UNFAIR MEANS) ACT, 1998 [Act No. 13 of 1998] 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:? (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. 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
authorised 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 unauthorised 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 unauthorised
telephonic, wireless or electronic or other instrument or gadget, No
examinee shall use unfair means at any public examination. 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 a copy there of; or (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 paper, No
person, who is entrusted with any work pertaining to public examination shall,
except where he is permitted by virtue of bis 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 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, 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
person shall use or cause to be used any place, other than the examination
centre, for the purposes of holding of public examination. 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. Whoever,
contravenes 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. 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. (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 non-bailable. (3) All offences punishable under this Act shall be
tried summarily by a Metro-politan 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. No
suit, prosecution or other legal proceeding shall lie against the State
Government or any person for anything which is in good faith done of intended
to be done under this Act or the rules made there under. 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. The
State Government may, by notification, make rules for earring out the purposes
of this Act. (1) The Uttar Pradesh Public Examinations (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 - SCHEDULE SCHEDULE [See section 2(c)] 1.
High
School and later mediate; 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 Boards or body
established by or under an, Uttar Pradesh Act.
Preamble - UTTAR PRADESH PUBLIC
EXAMINATIONS (PREVENTION UNFAIR MEANS) ACT, 1998PREAMBLE