Himachal Pradesh Prevention of Malpractices at University, Board or Other Specified Examinations Act, 1984

(1) This Act may be called the Himachal Pradesh Prevencion of Malpractices at University, Board or other Specified Examinations Act, 1984. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,-- (a] "Board" menas the Board of School Education for the State of Himachal Pradesh established under the Himachal Pradesh Doard oi School Education Act, 1968 (14 of 1968); (b) "exiiniimt ion" means any examination held or proposed to be held by any University or the Board and includes such other examinatioti heid or proposed to be held by such other authori~y as may be specified in this behalf, from tirne to time, by the State Government by notification in the OITicial Gazette; and :c) "University" Itleatis any Unjversity established by law in rhc Stale of Himachar Pradesll.

(1) Any person who is appointed as a paper setter at any exam!- nation shall not rupply or cause to be supplied the question paper drawn by him or a copy ihcruuf or conirnunica~e thc contents DI such paper to any person or give publicity thercto in any manner, except in accordance with the instructions given to him in writing by his appoint- ing authority in this behait. (2) person who contravenes the provisions of sub-section ( 1 ) shall, on conviction, be punished with imprisonme~lt Cor a term which may extendtu tl~rce lnonlhs,or wilh iine which may extend to onc thousand rupees, or with both.

(1) Any person who is entrusted with the work of printing, cyclostyling, typing or otherwise producivg copies of any question . paper set for the purposes or any examination shalt not supply, or cause to be supplied, a copy thereof or communicate the contents thereof to any person or give publicity thereto in any manner, except in accordance with the instruction given to him in writing by the a u t h a r l r ~ which e n t r i ~ s t c d the work to him. (2) Any person who contrvenes the provisions of sub-section (1) shall, on conviction, be punisher! with imprisonment lor a term which may extend to three montlls,or with iine which may catcnd to one thousand rupees, or wlrh bgth.

(1) Any person who Is entrusted with the custody, or is otherwise in possession, oi any question paper set for the purposes of any examination shall noc supply or distribute or cause to be s~pplied or distributed any copy thereof or cominunicate t h e contents thereof to any person or givc publicity thercto 111 any manner, except in accordance with the instructions given to him in writing by the authority which entrusted the custody or gave possess- ion thereof Lo him. (2) Any person who contravenes the provisions of sub-seccior: (1) shall, on conviction, be punished with imprisonment lor a terin which may extend to three moaths,or with line mt~ich may extend to o n e thousand rupees, 'or with both.

Whoever has in his possession any question paper set or purported to bc set T3r any exarnir~arlon and supplies or causes to be supplied or offers to supply a copy thereol, or .communi- cates or olfers to cornm~unicate the contents thereof, to any person, \whether iw any consideration or otherwise, or gives p u b l ~ c i t y thereto ifl any inanncr, except in a c c u r d a ~ l c e rvirh the instructions issued in writing by an authorised oilicer of t h e Universiry, Board or orher authority concerned wich the examination, at any time before the examination is held, shall, on conviction, be punished with imprisonment iur i1 term vrFich may extcnri to t h e e months or tvitl, fine which m:iy cxtclirl to o~:c ttrt~usarir! rupees, rir wilh bo~ll.

Whoever is found iri or within t h e periphery of 500 metres of an exami- nation hall by the invigilator or any o t h e r person appointed to supervise the conduct or the examination, copying answers td rhe quesrion paper set a! exsinination, fro= any book, notes nr answer paper o i other candidale, or appearing a t the exam~nation [or any o t h e r candidate or using any ocher unfair means, stall, on conviction, be punished with imprisonment [or n tcrnl \wl~icl> ma), extcntl to t h r w morrths, cr with fine wliich mzy extend to f i v e h~tntlrrrt rrlpces, or { v i t l ~ bnttt.

( 1 ) Every Super- intendent and every Invigila~or of an cxamination centre shall be deemed t o be 3 publtc servant witllln the meaning o f section 21 or thc Indian Penal Code (45 u l 1860) during the course of a n ehan~ination or cxarninations and Tor a period of one moilth prior to rhe commence- ment of and o l 51s months i n l n e d ~ a c e l y follciving such examination or examinations, (2) An aszault on, clr use ol crirninsl rorce to, ;I Supcrintcndcnt or an Invigilator of an cxami~~aticr! centce &ring thc p e r ~ r r l merltioner! in sub-scction { I ) sl~all bc clccr,ied to be at1 obstruclior~ vuluricarily caused to a public servant irl !l~c discharge of h i s [n:b!~c functions, punishable uridcr sectiun 186 of the Indian Fcnal Cot!c (45 or ISGO).

X'noever, being entrusted w i t h thc conduct, supervision, evaluatiorl of acsiwcr zkleets, tabularron or publicat- ion of result< of an exarnit~ut!or~, or any otq:~er work connec~ed w i ~ h the examirlalic,~ or the public~tivn o f its result, re:uscs to ~11sc\i3r~t: any ful~ction xxsigned LO him, shall, on conv1ctron, be puni!~ed ith ~rnprisor;ment for a ternr svhich n a y extend to tliree months but sliall not bc less than one monih. or w i t h riric ~vliich ma)' extned to rive rhosunnd rupees but shall not be 1ess thail trvo thousaz~d rupees, or with both : Pruvidecl thaL the court may, for any s~lcz~al reasun l o be rt;cord~d i n writii~g, impose a sentence ot iniprisonmcnt o f less than one inonill or a Cine of less than two thous~nd ruylecs.

Whoever abets any offence punishable under this Act shall be punishable with the punishment provided for such an offence.

Notwithstanding anything contained in Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Act shall be cognizable offences and shall be non-bailable: Provided that any person who has not attained the age of 18 years, when arrested shall be released on bail.

All offences under this Act shall be tried in a summary way by any Judicial Magistrate of the First Class and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be, apply to such trials.

No suit or other legal proceeding shall lie against the State Government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.

(1) The Himachal Pradesh Prevention of Forests and Maintenance of Supplies of Forest Based Essential Commodities Ordinance, 1964 (2 of 1984), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act, had come into force on 27th June, 1965.