ORISSA ACT 2 OF 1988 : THE ORISSA CONDUCT OF EXAMINATIONS ACT 1988 :
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 the Republic of India as follows :
- 1. This Act may be called the Orissa Conduct of Examination Act, 1988.
2. In this Act. unless the context otherwise requires :
- (a) "Recognised examination" means an examination specified in the schedule and include, evaluation.tabulation, publication of results and all other matters connected therewith.
- (b) "Unfair means" in relation to any recongnied examination means taking or giving or attempting to take or give any help, other than one permissible if any, under the rules applicable there to from any material, written recorded or printed or relayed or from any person, in any form whatsoever.
PROHIBITION OF USE OF UNFAIR MEANS AT EXAMINATION
- 3. (i) No person shall adopt or take recourse to unfair means at any recognised examination.
- (ii) No person shall aid/abet or conspire in the use of unfair means at any recognised examination.
RESTRICTION ON COPIES OF QUESTION PAPER AND OFFER OF INFORMATION
4. No person is 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) Procure, attempt to procure or possess, such question paper or portion or copy thereof; or
- (b) Impart or offer to impart information which he knows or has reason to believe is related or is derived 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 know to any other person any information or part there of which he has come in possession in the discharge of his duties.
RESTRICTION ON 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. (a) No person, should in the discharge of his duties shall during the hours a recognised examination centre or where any evalu ation or tabulation work relating to a recognised examination is done and.
(b) Two hours preceding the commencement of such examination, evaluation or tabulation work on any date on which such examination is conducted or evaluation or tabulation work is done.
Commit or cause to be committed any of the following acts within the premises where in the recognise examination is held or at any place where evaluation or tabulation work is done or at any public or private place within a distance of one hun- dred metres of such premises or the place of evaluation or tabu- lation work namely.
- (i) Loitering
- (ii) Distribution or otherwise publishing any paper or other matters relating to such examination ; or
(iii) Indulging in such other activities as is likely to be detri- mental to the conduct of such examination or is likely to affect the secrecy thereof.
Provided nothing contained in this section shall apply in respect of bonafide activities of examinees appearing at the examination which conducted at such examina- tion centre.
9. Whoever contravenes any of the provisions of section 3 to 7 shall,on conviction be punished with imprisonment for a term which may extend to three months or with a fine which may extent to three thousand rupees but shall not be less than five hundred rupees or with both.
10. (a) An offence under this Act shall is to be investigated by an officer not below the rank of a Sub-Inspector of po- lice.
(b) All offences under this Act shall be cognizable and bail- able.