The Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024

Short title, extent and commencement

1. (1) This Act may be called the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024.
2. (2) It extends to the whole of Assam.
3. (3) It shall be deemed to have come into force on the date of its notification in the Official Gazette.

Definitions In this Act, unless the context otherwise requires,—

1. (a) "Agency" means any person, organization of persons, recruitment agency, or authority, designated by the State Government for conducting public examination;
2. (b) "Computer based online examination" means the examination conducted through an online portal by the agency authorized by the State Government;
3. (c) "Examination Authority" means an authority, body or committee as may be notified by the State Government for the purpose of carrying out the functions under the provisions of this Act;
4. (d) "Public examination" means any examination conducted by the State Government or by the recruitment authority for the purpose of recruitment to any post under the State Government including autonomous bodies, public sector undertakings or any other authority as may be notified by the State Government;
5. (e) "State Government" means the Government of Assam;
6. (f) "Unfair means" in relation to public examination means an act or omission by any person or group of persons, which breaches the integrity of the examination process, including but not limited to the following:
   • (i) leakage of question paper or part thereof or any arrangement to leak the same;
   • (ii) providing answer key or any part thereof through any means;
   • (iii) participation in any arrangement to manipulate the process of conducting the examination;
   • (iv) tampering with computer-based online examination or electronic systems or network resources or causing disruption in any manner;
   • (v) tampering with physical answer sheets or OMR sheets;
   • (vi) impersonation in examination or creating fake website or conducting fake examination;
   • (vii) providing fake recruitment advertisement or offer of appointment for monetary gain;
   • (viii) invigilation or examination staff facilitating the candidates in violation of the prescribed rules;
   • (ix) unauthorized access or leakage of the examination centre or official records or questions to the candidates;
7. (g) "User" means the person or persons, who utilize the services of any agency or any public examination authority for the purpose of recruitment.

Prohibition of unfair means: No person or person or group of persons or institution shall indulge in any unfair means for monetary gains for himself or for any other person or for any other gain.

Prohibition of leakage of question paper: No person or group of persons or institution shall indulge in leakage of question paper or part thereof or collude in such a practice.

Prohibition of tampering with answer sheets:

1. (1) No person shall tamper or attempt to tamper with the answer sheets or the assessment of the answer sheets of any public examination.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall be punished with imprisonment for a term which may extend to five years, and with fine which may extend to two lakh rupees, and in case of default of payment of fine, an additional imprisonment of six months.

Punishment for unfair means: Whoever commits any offence of unfair means as defined in sub-section

1. (k) of section 2 of this Act, shall be punished with imprisonment for a term which shall not be less than three years but which may extend to five years, and with fine which shall not be less than two lakh rupees, and in case of default of payment of fine, an additional imprisonment of one year.

Penalty for abetment:

1. (1) Whoever abets any offence punishable under this Act, shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), be punished with the punishment provided for the offence.
2. (2) Whoever, being a public servant or a person or agency entrusted with any work in connection with the public examination by the Examination Authority, abets the commission of an offence under this Act, shall be punished with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than ten lakh rupees, which may extend to ten crore rupees, and in case of default of payment of fine, an additional imprisonment of two years.

Provisions for investigation:

1. (1) No police officer below the rank of Deputy Superintendent of Police shall investigate any offence punishable under this Act.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974), an offence punishable under this Act shall be cognizable, non-bailable and non-compoundable.

Cognizance of offence.

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act shall be cognizable, non-bailable and non-compoundable.
2. (2) No Court shall take cognizance of an offence punishable under this Act except on a report in writing of the facts constituting such offence made by a police officer not below the rank of Deputy Superintendent of Police.

Penalty for failure to perform duties. Any person, who is a public servant or a private individual, tasked with any duty in connection with a public examination, intentionally, knowingly or negligently fails to perform his duty or fails to report any unfair means in the recruitment examination, shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one lakh rupees.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.