What are the Punishments for Malpractice in Examinations ?
EXAMS MALPRACTICE AND PUNISHMENT
Punjab Ordinance No. V of 1999.
Further to amend the Punjab Universities and Boards of Intermediate and Secondary Education Malpractice Act, 1950.
Whereas it is expedient further to amend the Punjab Universities and Boards of intermediate and Secondary Education Malpractice Act, 1950 for the purposes hereinafter appearing;
And whereas the Provincial Assembly of the Punjab is not in session and the Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action;
Now therefore in exercise of the powers conferred upon him under Article 128(2) of the Constitution the Governor of Punjab is pleased to promulgate the following Ordinance:-
1. Short title and commencement.
a) This Ordinance may be called the Punjab Universities and Boards of Intermediate and Secondary Education Malpractice (Amendment) Ordinance, 1999.
b) It shall come into force at once.
2. Substitution of Section 3 of Act XXXII of 1950.-
In the Punjab Universities and Boards of intermediate and Secondary Education Malpractice Act. 1950 (XXXII of 1950) hereinafter referred to as the said Act. For section 3 the following shall be substituted:-
Punishment for Malpractice etc.
(1) Whoever is guilty of:
i) Possessing firearms or other implement capable of being used as weapon of offense in or around an examination canter: or
ii) impersonating another who is a candidate for an examination; or
iii) forging, mutilating, altering, erasing or otherwise tampering with any document connected with an examination or making undue use of such document; or
iv) premature disclosure of a question or question paper knowing that such question or question paper is to be put or set at an examination written or oral; or
v) replacement of an answer book or any portion therefore; or
vi) recording in any document with dishonest motive marks more or less than the marks awarded to a candidate by the examiner concerned, if the person doing so is other than the examiner; or
vii) mutilation, alteration, interpolation or erasure in. any certificate or other document of any record maintained by a University or Board or in any manner using or causing to be used as certificate, document or record knowing that it is so mutilated altered, interpolated or erased; or
viii) divulging or procuring information pertaining to a University or Board examination papers, answer books, examiners, conduct of examinations, fictitious roll numbers, examination results or any information incidental thereto; or
ix) falsification of official examination, results by any means including substitution of answer books, mutilation, alteration or falsification of University or Board records; or
x) impeding the progress of examination at any examination canter by any means whatsoever; or
xi) assaulting or threatening any person incharge of an examination canter or any other person employed in connection with an examination; or
xii) attempting or abetting the commission of any of the aforesaid acts shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees.
(2) Whoever is guilty of.
i) making false representation in his admission from or any other document connected with an examination; or
ii) giving or receiving any assistance for solving any part of a question paper or allowing any other candidate to copy from his answer book or attempting to do so; or
iii) unauthorizedly copying or receiving assistance from any paper, book, note or other source for answering a question; or
iv) taking unauthorizedly the whole or a part of answer book or a continuation sheet into or out of any examination canter or
v) awarding with dishonest motive marks more or less than the marks deserved by a candidate. If the person doing so is an examiner; or
vi) supplying to a candidate during his examination answer to a question contained in the question paper or a question paper or to be put at an oral examination; or
vii) approaching or influencing any employee to act corruptly or dishonestly in the conduct of any examination, declaration of any examination result; or marking of papers or obtaining secret information relating to any examination; or
viii) attempting or abetting the commission of any of the aforesaid acts.
shall be punished with imprisonment for a term which may extend to two year or with fine which may extend to twenty five thousand rupees or with both.
3. Addition of section 3A in Act XXXII of 1950.
In the said Act the following' section shall be added:-
3A. General Provision.
(1) The offenses under section 3(2) of this Ordinance may be tried summarily under the provisions of the Code of Criminal Procedure 1898.
(2) There shall be no appeal by a convicted person in cases which are tried summarily and a sentence of fine not exceeding one thousand rupees only is passed in respect of an offense under this Ordinance.
4. Amendment of section 4 of Act XXXII of 1950.
In the said Act in section 4.
i) for the word "Registrar" the words "vice Chancellor" shall be substituted; and
ii) for the words "and every offense shall be bailable" the words "and the offenses mentioned in section 3(1) shall be non-bailable while those mentioned in section 3(2) shall be bailable.
