An Act to Provide for Penal Action for Adoption of Unfair Means at Certain Examination held in the State and Other Matters connected therewith.

Short Title:

1. This Act may be called the Orissa Conduct of Examinations Act 1988

Definition:

2. In this Act unless the content 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 permissible, if any, under the rules applicable thereto, from any material, written, recorded or printed or relayed from any person, or in any form whatsoever.

Prohibition of use of unfair means at examination:

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

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

Restriction on copies of question paper and other 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 a question paper to examinees at a recognised examination.

(a) Attempt to procure or possess, such question paper or a portion or a copy there of

(b) Impart or offer to impart information which he knows or has reason to believe is related 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 recogniser examination shall except in the discharge of his duties directly c indirectly divulge or cause to be divulged or known to any other person any information in the discharge of his duties

Restriction of taking papers:

6. No. person shall procure, posses, distribute or otherwise publicze or cause to publicize 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 for loitering etc. near examination centre etc:

7. (a) No person shall move except in the discharge of his duties during the hours when a recognised examination is being conducting at any recognised examination centre or where any evaluation is done and

(b) Two hours preceding the commencement of such examinator evaluation or tabulation work on which such examination is conductes or evaluation or tabulation work is done.

8. Commit or cause to be committed any of the following acts within the premises wherein the recognised examination is held or at any place where evaluation or tabulation is done or at any public or private place within a distance of hundred meters of such premises or the place of evaluation tabulation work, namely

(i) Loitering.

(ii) Distributing or otherwise publishing any paper or other matters relating to such examination or

(iii) Indulging in such other acitivity as likely to be prejudicial to the conduct of such examination or is likely to affect the secrecy theory provided that nothing contained in this section shall apply in respect of bonafied activities of examinees at the examination which is conducted at sch examination centre

Penalty:

9. Whoever contravenes any of the provisions of section 3 to 8 shall on conviction, be punished with imprisonment for a term which may extent to three months or with fines up to the extent of three thousand rupees but shall not be less than five hundred rupees or with both
10. (1) All offence under this Act shall be investigated by an officer not below the rank of a sub inspector of Police

(2) All offence under this Act shall be cognizable and non bailable.