Examination Act - 1998

THE ORISSA CONDUCT OF EXAMINATION ACT, 1998 
THE ORISSA GAZETTE
FRIDAY:MARCH 11, 1998
LAW DEPARTMENT NOTIFICATION
THE 11TH MARCH 1998

No. 3601/Legis- The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 11th March 1988 is here by published for general information.

i. An act to provide for penal action for adoption of unfair means at certain examinations held in the state and other matters connected therewith.
Be it enacted by the legislature of the state of Orissa in the Thirty-ninth year of Republic of India as follows:

Short Title :–

1. The Act may be called "The Orissa Conduct of Examination Act; 1988".

Definition:–

2. In this Act unless the context otherwise requires.

(a) "Recognised examination" means an examination specified in the schedule and includes evaluation, tabulation, publication of results and all other matters connected therewith...

(b) "Unfair means" in relation to any recognised examination means taking or giving or attempting to take or give any help, other than one permission if any, under the rules applicable hereto, from any material, written record or printed or relayed or-from any person, in any form whatsoever.


PROHIBITION OF USE OF UNFAIR
MEANS AT EXAMINATIONS:

3.(1) No person shall adopt or take recourse to unfair means at any recognised examination.

   (2) No person shall aid, abet, or conspire in the use of unfair means at a recognised examination.


RESTRICTION ON COPIES OF QUESTION PAPER AND OFFER OF INFORMATION

4. No person, who is not lawfully authorised or permitted by virtue of his duties to do so, shall before the time fixed for distribution of copies of question
paper to examinees at the recognised examination:-

(a) Procure, attempt, to procure or possess, such question paper or portion or a copy thereof, or
(b) Impart or offer to impart information which he knows or has reason to believe is related to or is derived from or has a bearing upon such question paper.


PREVENTION OF LEAKAGE BY PERSON
ENTRUSTED WITH EXAMINATION WORK

5. No person who is entrusted with any work connected with a recognised examination shall, except in the discharge of his duties, directly or indirectly divulge or cause to be divulged or known to any other person any information or part thereof which he has come in possession in the discharge of this duties.


RESTRICTION OF FAKE PAPERS

6. No person shall procure, possess, distribute or otherwise publicize or cause to be publicized any question paper as being the one or purporting to be the one that is to be given or likely to be given at an ensuing recognised examination.


PROHIBITION OF LOITERING, ETC
NEAR EXAMINATION CENTRE, ETC.

7. No person, save in the discharge of his duties shall:

(a) During the hours when a recognised examination is conducted at any recognised examination Centre or where any evaluation or tabulation work relating to a recognised examination is done; and

(b) Two hours preceding the commencement of such examination evaluation or tabulation work in any date on which such examination is conducted or evaluation or tabulation work is done or at any public or private within the premises where in the recognised examination is held or at any place where evaluation or tabulation work is done.

Commit or cause to be committed any of the following acts within a distance of one hundred meters of such premises or the place of evaluation or tabulation work, namely;

(i) Loitering

(ii) Distributing or otherwise publicizing any paper or matter relating to such examination.

(iii) Indulging in such other activity as is likely to be prejudicial to the conduct of such examination or is likely to affect the secret thereof.
Provided that nothing contained in this section shall apply in respect of BONAFIDE activities of examinees appearing at the examintion which is conducted at such                      examination Center.

REFUSAL OF DUTIES CONNECTED
WITH EXAMINATION PROHIBITED

8. No person assigned with invigilation work or superintendent of any recongised examination at any Centre or any other work connected with such examination or evaluation, tabulation or publication of results of such examination shall refuse, save under circumstances beyond his control to perform the work or duties so assigned.


PENALTY

9. Whoever contravenes any of the provision of sections 3 to 8 shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to three thousand rupees but shall not be less than five hundred rupees or with both.


INVESTIGATION, ETC

10. (1) An offence unclear this Act shall not be investigated by an officer below the rank of a Sub-Inspector of Police.

      (2) All offences under this Act shall be cognizable and nonbailable.

EFFECT OF OTHER LAWS

11.(1) Subject to the provision of sub-section

     (2) The provisions of this Act shall have effect not with standing anything inconsistent there with contained in any enactment other than this Act.

     (3) Where any act or commission constitutes an offence punishable under this Act and also under any other Act. the offender found guilty of such                      offence shall be liable to be punished under the other Act and not under this Act.


SCHEDULE
(See Section 2 (a))

1. Examination conducted by or under the authority of any university established by an Act of the State Legislature.

2. Examination conducted by or under the authority of the Board of Secondary Education Orissa.

3. Examination conducted by or under the authority of state Council Higher Education, Orissa.

4. Such other Examinations as may be specified by the State Government by notification of Official Gazette.