The Andhra Pradesh Public (Prevention of Malpractices and Unfair (Means) Act, 1997

Short title, extent and commencement.-

1. (1) This Act may be called the Andhra Pradesh Public Examinations (Prevention of Malpractices and Unfair Means) Act, 1997.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on the 24th January, 1997.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "Examination Centre" means any institution or premises notified by the Government as a centre for the conduct of public examination;
2. (b) "Public Examination" means any examination conducted by Andhra Pradesh State Board of Secondary Education, or the Intermediate Education Board or the Andhra Pradesh Public Service Commission, or any other authority or body constituted by the Government for the purpose of holding public examinations;
3. (c) "Unfair Means" in relation to a public examination, means and includes-
   • (i) the leakage of question paper or its attempted leakage;
   • (ii) the possession, use or consumption of any unauthorized material or information either written, printed or inscribed in any form, or recorded on any device or otherwise, during the examination or in the examination centre;
   • (iii) the copying of answers from, or assisting or being assisted by, or interacting with, any other person or any such material or information;
   • (iv) the impersonation, or creating, or attempting to create or cause to be created in any manner, misrepresentation, fraud or deceit in the examination;
   • (v) the facilitating or abetting, in any manner, of any of the acts specified above.

Prohibition of unfair means etc. —

1. (1) No person shall adopt, resort to, help or abet, or attempt to adopt, resort to, help or abet the adoption of any unfair means for the purpose of any public examination.
2. (2) No person shall, directly or indirectly, by words, signs, or otherwise, induce any other person to adopt unfair means for the purpose of any public examination.

Penalty for use of unfair means etc. — Whoever contravenes the provisions of section 3 shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Penalty for leakage of question paper etc:- Whoever is guilty of an offence under section 3 or section 4 shall be punished with imprisonment for a term which may extend to seven years and with fine which may extend to five thousand rupees.

Penalty for abetment of offences:- Whoever abets any offence punishable under this Act, shall be punished with the punishment provided for the offence.

Punishment for offences inside or outside examination centre:

1. (1) Whoever, being entrusted with or engaged in the conduct of a public examination, commits or abets the commission of any offence or engages in any conspiracy for the commission of any act with a view to promote or facilitate the commission of any unfair means inside or outside the examination centre, shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.
2. (2) Whoever, while appearing for a public examination, resorts to any unfair means shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.

Power of search:

1. (1) Any officer of the Education Department not below the rank of a Gazetted Officer or any officer of the police force not below the rank of an Inspector may, if he suspects that any offence punishable under this Act is being, or is about to be, committed at any examination centre, enter and search such centre or any premises or any person therein and seize any material used for the commission of such offence: Provided that the person to be searched shall be searched in the presence of a Gazetted Officer or a Magistrate.
2. (2) Every search made under sub-section
3. (1) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Offences to be cognizable and non-bailable. -

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be a cognizable and non-bailable offence.
2. (2) No person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release.

Repeal of Ordinance 8 of 1997. - The Andhra Pradesh Public (Prevention of Malpractices and Unfair Means) Ordinance, 1997 is hereby repealed.