Extra No.
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXIV ] FRIDAY, MARCH 3, 2023 / PHALGUNA 12, 1944
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the
Governor on the 2nd March, 2023 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 2 OF 2023.
(First published, after having received the assent of the Governor, in the "Gujarat
Government Gazette", on the 3rd March, 2023).
AN ACT
to prevent unfair means and leakage of question paper in public examination and to
provide for matters connected therewith or incidental thereto.
It is hereby enacted in the Seventy-fourth Year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat Public Examination (Prevention of Unfair Means) Short
Act, 2023. title and
commencement.
(2) It shall come into force on such date, as the State Government may, by notification in
the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,- Definition
(a) “conduct public examination” means and includes preparation, printing, s.
supervision, coding, processing, distribution of question papers, evaluation,
declaration of result, etc.;
IV Ex.-2 2-1
2-2 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART IV
(b) “examinee” means a person who has been granted permission by examination
authority to appear in the public examination and includes a person authorized
to act as scribe on his behalf in the public examination;
(c) “examination authority” means an examination authority as specified in the
Schedule or such other authority as may be specified by the State Government
by notification in the Official Gazette;
(d) “examination center” means such premises, as may be specified by the
examination authority to conduct public examination;
(e) “inspection team” means persons authorised by the examination authority to
inspect any examination center;
(f) “organized crime” means an unlawful activity committed by a person or a group
of persons indulging in unfair means to pursue or promote a shared interest for
wrongful gains;
(g) “public examination” means any examination conducted by the examination
authority as specified in the Schedule or conducted by such other authority as
may be notified by the State Government under clause (c);
(h) “Schedule” means the Schedule appended to this Act;
(i) “State Government” means the Government of Gujarat;
(j) “supervisory staff” includes persons authorised by the examination authority to
conduct public examination;
(k) “unfair means” includes,-
(i) in relation to any person including an examinee,
(a) to impersonate or leak or attempt to leak or conspire to leak; or
(b) to procure or attempt to procure or possess or attempt to possess
question paper in unauthorised manner; or
(c) to solve or attempt to solve or seek assistance to solve or to assist
to solve question paper in unauthorised manner;
(ii) directly or indirectly assists the examinee in any manner whatsoever, in
the public examination for monetary or wrongful gains, in relation to any
person other than examinee.
Prevention 3. No person shall use or indulge in any unfair means in any public examination or the
of use or
indulgence conduct of public examination.
in unfair
means.
Unauthorised 4. (1) If the examinee, during the public examination, takes an unauthorised help from any
help received by
the examinee. person directly or indirectly or from any material written, recorded, copied or printed,
in any form whatsoever, or use of any unauthorised electronic or mechanical
instrument or gadget, he shall be referred to the examination authority and the
decision of the examination authority in such case shall be final.
(2) Notwithstanding anything contained in this Act, in case an examinee appearing in the
public examination other than the examination conducted for the recruitment, by the
Gujarat Secondary and Higher Secondary Education Board or the State Funded
Universities, has committed any offence under this Act, he shall be referred to the
Gujarat Secondary and Higher Secondary Education Board or as the case may be, to
the concerned University and the decision of the Gujarat Secondary and Higher
Secondary Education Board or concerned University, in this case shall be final.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 2-3
5. No person authorised by virtue of his duties in conduct of public examination shall, before Unauthorised
the time fixed for opening and distribution of question papers- possession and
disclosure of
question paper.
(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.
6. No person who is not lawfully authorised or permitted by virtue of his duties to do so, shall, Unauthorised
possession or
before the time fixed for the distribution of question papers- disclosure of
question paper
and answer
sheet or
OMR sheet
in any form.
(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.
7. No person, who is entrusted or engaged with any work pertaining to public examination Prevention of
leakage by
shall, except where he is permitted by virtue of his duties so to do, directly or indirectly person entrusted
reveal or cause to be revealed or make known to any other person any information or part or engaged with
examination
thereof which has come to his knowledge by virtue of the work being so entrusted to him.
work.
8. No person who is not entrusted or engaged with the work pertaining to the public Prohibition
to enter
examination or conduct of public examination or who is not an examinee, shall enter the examination
premises of the examination centre. centre.
9. No person who is entrusted or engaged with the work pertaining to the public examination No place other
than examination
shall use or cause to be used any place, other than the examination centre, for the purpose center shall be
of holding public examination. used for public
examination.
10. (1) Whenever an offence under this Act has been committed by the Management or Offence by
management,
Institution or Limited Liability Partnership or others, every person who at the time the institution or
offence was committed, was in-charge of, or was accountable to the Management or others.
Institution or Limited Liability Partnership or others for the conduct of the business of
the Management or Institution or Limited Liability Partnership or others, shall 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 the 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 guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
2-4 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART IV
Prohibition 11. No person who is on the management or on the staff of an institution which is being used
to assist.
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 the public examination.
Offences 12. (1) Any examinee indulging in unfair means shall be punished with imprisonment for a
and
penalties. 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 punished with imprisonment in accordance with the provisions of the
Code of Criminal Procedure, 1973. 2 of 1974.
(2) If any person obstructs or threatens any member of the inspection team, supervisory
staff, examination authority, officer or person appointed by the examination authority
for performing duty or from entering any examination centre, he shall be punished
with imprisonment for a term which may extend to three years and with fine which
shall not be less than one lakh rupees and in case of default of payment of fine, such
person shall also be punished with imprisonment in accordance with the provisions of
the Code of Criminal Procedure, 1973. 2 of 1974.
(3) 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 or contravenes or abets to contravene any of the provisions of this Act,
shall be punished with imprisonment 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 one crore rupees
and in case of default of payment of fine, such person shall also be punished with
imprisonment in accordance with the provision of the Code of Criminal Procedure, 1973: 2 of 1974.
Provided that the Court may for any adequate and special reasons to be
recorded in writing impose a sentence of imprisonment for a term of less than five
years.
(4) If any person in an organized crime in conspiracy with the examination authority or
otherwise indulges or attempts to indulge in unfair means or contravenes or abets to
contravene any of the provisions of this Act, he shall be punished with imprisonment
for a term which shall not be less than seven years and may extend to ten years and
with fine which shall not be less than one crore rupees and in case of default of
payment of fine, such person shall also be punished with imprisonment in accordance
with the provision of the Code of Criminal Procedure, 1973. 2 of 1974.
Debarred on 13. An examinee who has been convicted of an offence under the provisions of this Act shall
conviction.
be debarred from any public examination for a period of two years.
Attachment 14. In case of conviction of a person in an organized crime in conspiracy with the examination
and
confiscation
authority or otherwise indulges or attempts to indulge in unfair means or contravenes or
of property. abets to contravene any of the provisions of this Act, the court shall make an order of
recovery of any wrongful gains made by such person, by way of attachment and sale of any
of the assets/property, moveable, or immovable, or both, of such person by following the
procedure laid down in the Code of Criminal Procedure, 1973. 2 of 1974.
Liabilities of 15. If any person of the Management or Institution or Limited Liability Partnership or others
Management
etc. to pay all
has been found guilty of the offences under this Act, the Management or Institution or
cost and Limited Liability Partnership or others shall be liable to pay all cost and expenditure related
expenditure. to the public examination, determined by the Court and shall be banned forever.
Public servant. 16. Every person engaged in the conduct of the public examination, while acting or purporting
to act in pursuance of the provisions of this Act or rules made thereunder, be deemed to be
a public servant within the meaning of section 21 of the Indian Penal Code. 45 of 1860.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 2-5
17. All offences specified under this Act, shall be cognizable, non-bailable and non– Offences to be
compoundable. cognizable,
non-bailable
and non-
compoundable.
18. Any offence committed under this Act shall be investigated by the Police Officer not below Investigation of
the offences.
the rank of Police Inspector but preferably by the Deputy Superintendent of Police.
19. The provisions of this Act shall be in addition to, and not in derogation of, any other law in Application of
other laws not
force on the subject.
barred.
20. No suit, prosecution or other legal proceeding shall lie against the State Government or any Protection of
person for anything which is in good faith done or intended to be done under this Act or the action taken in
good faith.
rules made thereunder for the conduct of public examination.
21. (1) The State Government may, by notification in the Official Gazette, make rules to carry Power to
out the purposes of this Act. make
rules.
(2) All rules made under this section shall be laid for not less than thirty days before the
State Legislature as soon as may be they are made, and shall be subject to rescission
by the State Legislature or to such modification as the State Legislature may make,
during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the State Legislature shall be published in
the Official Gazette, and shall thereupon take effect.
22. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Power to
Government may, within a period of two years from the commencement of this Act, remove
difficulties.
by an order published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act, as may appear to it to be necessary or expedient for
removal of difficulty.
(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.
SCHEDULE
(See section 2(c))
1. The Gujarat Public Service Commission.
2. The Gujarat High Court.
3. The Gujarat Subordinate Services Selection Board.
4. The Gujarat Panchayat Service Selection Board.
5. The State Examination Board.
6. Any other authority or agency or recruitment committee or Board engaged or
constituted by the State Government.
7. State Funded Universities.
8. The Gujarat Secondary and Higher Secondary Education Board.
9. Public Sector Undertaking owned by the State Government.
10. Any Societies, Corporations, Local Bodies and all PSU’s owned substantially or
partially by the State Government.
---------------
Signature Not Verified
Signed by:BHOLUSINGH G THAKUR
Date: 2023.03.17 08:26:52 +05:30
Reason: Validate Document
Location: Government Central Press,
Gandhinagar
Government Central Press, Gandhinagar.
