The Himachal Pradesh Public Examination (Prevention of Unfair Means) Act, 2025

(1) This Act may be called the Himachal Pradesh Public Examinations (Prevention of Unfair Means) Act, 2025.

(2) It shall come into force on such date as the State Government may, by notification published in the Rajpatra (e-Gazette) Himachal Pradesh, appoint.

(1) In this Act, unless the context otherwise requires,-

(a) “candidate” means a person who has been granted permission by the public examination authority to appear in public examination and includes a person authorised to act as a scribe on his behalf in the public examination;

(b) “communication device” shall have the same meaning assigned to it in clause (ha) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);

(c) “competent authority” means the Department of the State Government administratively concerned with the public examination;

(d) “computer network”, “computer resource” and “computer system” shall have the meanings respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);

(e) “conduct of public examination” shall include all the procedures, processes and activities, as may be prescribed, for being adopted for conduct of the public examination;

(f) “institution” means any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, by whatever name it may be called, which is other than the public examination authority and the service provider engaged by such authority;

Explanation.—For the purposes of this clause, it is clarified that “company” includes a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013); or a limited liability partnership firm as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009);

(g) “notification” means a notification published in the Rajpatra (e-Gazette) Himachal Pradesh and the expression “notify” shall be construed accordingly;

(h) “organised crime” means an unlawful activity committed by a person or a group of persons indulging in unfair means in collusion and conspiracy to pursue or promote a shared interest for wrongful gain in respect of a public examination;

(i) “person associated with a service provider” means a person who performs services for or on behalf of such service provider irrespective of whether such person is an employee or an agent or a subsidiary of such service provider, as the case may be;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “public examination” means any examination conducted by the public examination authority;

(l) “public examination authority” means an authority as specified in THE SCHEDULE;

(m) “public examination centre” means such premises, which is selected by the service provider or otherwise selected by the public examination authority, to be used for conduct of public examination and which, amongst others, may include any school, computer centre, institution, any building or part thereof and the same shall include the entire periphery and land appurtenant thereto which may be used for security and other related reasons for conduct of the public examinations;

(n) “service provider” means any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, including its associates, sub-contractors and provider of support of any computer resource or any material, by whatever name it may be called, which is engaged by the public examination authority for conduct of public examination; and

(o) “SCHEDULE” meaning THE SCHEDULE appended to this Act.

(2) Words and expressions used herein but not defined and defined under any other law for the time being in force, shall have the same meanings as assigned to them in those laws.

Unfair means with regard to the conduct of a public examination, shall mean any act or omission done or caused to be done by any person or group of persons or institutions, and shall include, but not be limited to, any of the following acts for monetary or wrongful gain— (i) disclosing the question paper or answer key or any part thereof; (ii) participating in partnership with others to disclose the question paper or answer key; (iii) accessing or taking possession of the question paper or Optical Mark Recognition response sheet without authority; (iv) providing solution to one or more questions by any unauthorized person during a public examination; (v) providing assistance, directly or indirectly, to a candidate in any unauthorized manner in a public examination; (vi) tampering with answer sheets including Optical Mark Recognition response sheets; (vii) altering the evaluation without authority except to correct any real error; (viii) willfully flouting the norms or standards set by the State Government for conducting public examination, either by itself or through its agents; (ix) tampering with any document necessary for shortlisting a candidate or for finalizing the merit or rank of a candidate in a public examination; (x) willfully violating the security measures for facilitating unfair means in the conduct of a public examination; (xi) tampering with computer network or any computer resource or computer system; (xii) manipulating in the seating arrangement, dates and shifts for facilitating the adoption of unfair means in an examination; (xiii) wrongful confinement or putting in danger the life or liberty of persons associated with the public examination authority or service provider or any authorized agency of the Government or obstructing the conduct of a public examination; (xiv) creating fake websites for the purpose of cheating or for monetary gain; and (xv) conducting fake examinations, issuing fake admit cards or offer letters for the purpose of cheating or for monetary gain.

No person or group of persons or institutions shall, collude or conspire to promote the indulgence in any such unfair means.

(1) No person, who is not entrusted or engaged with the work pertaining to the public examination or conduct of public examination or who is not a candidate, shall enter the premises of the examination centre, with intent to disrupt the conduct of the public examination.

(2) No person authorised, engaged or entrusted with the duties to conduct public examination shall, before the time fixed for opening and distribution of question papers–-

(a) open, leak or possess or access or solve or seek assistance to solve such question paper or any portion or a copy thereof in unauthorised manner for monetary or wrongful gain;

(b) give any confidential information or promise to give such confidential information to any person, where such confidential information is related to or in reference to such question paper for monetary or wrongful gain.

(3) No person, who is entrusted or engaged with any work pertaining to public examination shall, except where he is authorised in furtherance of his duties so to do, reveal or cause to be revealed or make known to any other person any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain. examination shall, except where he is authorised in furtherance of his duties so to do, reveal or cause to be revealed or make known to any other person any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain. ,slk dksbZ Hkh O;fDr ftls yksd ijh{kk ls lacaf/kr dksbZ dk;Z ;k yksd ijh{kk dks lapkfyr djokus dk dksbZ dk;Z ugha lkSaik x;k gS ;k mlesa ugha yxk;k x;k gS vkSj tks vH;FkhZ ugha gS] og yksd ijh{kk ds lapkyu esa O;oèkku Mkyus ds vk'k; ls ijh{kk dsz ds ifjlj esa izos'k ugha djsxkA yksd ijh{kk lapkfyr djokus, vius dÙkZO;ksa ds vk/kkj ij izkfèkd`r] yxk gqvk ;k U;Lr dksbZ O;fDr] iz'ui=ksa dks [kksyus vkSj forfjr djus ds fy, fu;r le; ls iwoZ& (d) /kuh; ;k lnks’k vfHkykHk ds fy, vuf/kd`r jhfr esa iz'ui=ksa dks ugha [kksysxk] yhd ugha djsxk ;k vius ikl ugha j[ksxk ;k igqap ugha cuk,xk ;k gy ugha djsxk ;k ,sls iz'ui= ;k blds fdlh Hkkx ;k bldh izfr dks gy djus esa fdlh dh lgk;rk ugha ysxk( ([k) fdlh O;fDr dks dksbZ xksiuh; lwpuk ugha nsxk ;k ,slh xksiuh; lwpuk nsus dk opu ugha nsxk] tgka ,slh lwpuk èkuh; ;k lnks’k vfHkykHk ds fy, iz'ui= ls lacaf/kr ;k lanHkZ esa gksA dksbZ Hkh O;fDr] tks yksd ijh{kk ls lacaf/kr dk;Z esa U;Lr gks ;k yxk;k x;k gks] flok; tgka mls vius dÙkZO;ksa ds vk/kkj ij ,slk djus gsrq izkfèkd`r fd;k x;k gS] ,slh fdlh Hkh lwpuk ;k mlds fdlh Hkkx] tks mls bl izdkj lkSais tk jgs dk;Z ds ukrs mldh tkudkjh esa vkbZ gS] dks vuqfpr ykHk ;k lnks’k vfHkykHk ds fy, fdlh vU; O;fDr ds le{k u rks izdV djsxk] u gh izdV djuk dkfjr djsxk vkSj u gh bldk irk yxus nsxkA

If any person or group of persons or institution commits any unfair means or offence under sections 3, 4 and section 5, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority: Provided that if the service provider resorts to unfair means and commits the offence or is involved in facilitating an offence, the public examination authority shall report the same to the concerned police authorities.

It shall be an offence for the service provider or any person associated with the service provider to cause any premises, other than the examination centre, authorised by the public examination authority, to be alternatively used for the purpose of holding public examination, without the written approval of the public examination authority: Provided that nothing contained in this section shall be an offence where any change in the examination centre without prior consent of the public examination authority is due to any force majeure.

(1)Any person, including the person associated with a service provider, shall be deemed to have committed an offence if he individually or in collusion with any other person or group of persons or institutions assists any person or group of persons or institutions in any manner unauthorisedly in the conduct of public examination. (2) Service provider or any person associated with it shall be deemed to have committed an offence if he fails to report incidence of any unfair means or commission of any offence. (3) Where an offence committed by a service provider is, prima facie, established during investigation to have been committed with the consent or connivance of any director, manager, secretary or other officer of such service provider, such person shall also be liable to be proceeded against: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under the Act, if he proves, that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. fdlh O;fDr ds laca/k esa] ftlds varxZr fdlh lsok iznkrk ls lgc) O;fDr Hkh gS] ds laca/k esa ;g ekuk tk,xk fd mlus dksbZ vijkèk fd;k gS ;fn og O;f’Vd :Ik ls ;k fdlh vU; O;fDr ds lkFk ;k O;fDr;ksa ds lewg ds lkFk ;k LkaLFkkvksa ds lkFk feydj fdlh O;fDr ;k O;fDr;ksa ds lewg ;k LkaLFkkvksa dh fdlh yksd ijh{kk ds lapkyu esa fdlh vizkf/kÑr jhfr esa lgk;rk djrk gS. lsok iznkrk ;k mlds lkFk lgc) fdlh O;fDr ds fo’k; esa ;g ekuk tk,xk fd mlus dksbZ vijk/k fd;k gS] ;fn og fdlh vuqfpr lk/ku ;k fdlh vijk/k ds djus dh ?kVuk dh fjiksVZ djus esa vlQy jgrk gS tc dksbZ vijk/k fdlh lsok iznkrk }kjk fd;k tkrk gS vkSj fdlh vUos’k.k ds nkSjku izFken`’V;k ;g lkfcr dj fn;k tkrk gS fd og fdlh funs'kd] izca/kd] lfpo ;k ,sls lsok iznkrk ds vU; vf/kdkjh dh lgefr ;k ekSukuqdwyrk ds lkFk fd;k x;k gS] rks ,slk O;fDr Hkh mlds fo#) dk;Zokgh fd, tkus dk nk;h gksxk% ijarq ;g fd bl mi&/kkjk esa vUrfoZ’V dksbZ Hkh ckr] fdlh ,sls O;fDr dks bl vf/kfu;e ds v/khu fdlh naM dk Hkkxh ugha cuk,xh] ;fn og lkfcr dj nsrk gS fd vijk/k mldh tkudkjh ds fcuk fd;k x;k Fkk vkSj mlus ,sls vijk/k dk fuokj.k djus ds fy, lHkh lE;d~ rRijrk cjrh Fkh.

[The original text of section 9 is not provided in the snippet, only the heading] All offences under this Act, shall be cognizable, non-bailable and non-compoundable. (xiv) creation of fake website to cheat or for monetary gain; and (xv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain.

[The original text of section 10 is not provided in the snippet, only the heading] (1) Any person or persons resorting to unfair means and offences under this Act, shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to ten lakh rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). (2) The service provider shall also be liable to be punished with imposition of a fine up to one crore rupees and proportionate cost of examination shall also be recovered from such service provider and he shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years. (3) Where it is established during the investigation that offence under this Act has been committed with the consent or connivance of any Director, Senior Management or the persons in- charge of the service provider firm, he shall be liable for imprisonment for a term not less than three years but which may extend to ten years and with fine of one crore rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). (4) Nothing contained in this section shall render any such person liable to any punishment under the Act, if he proves, that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. bl vf/kfu;e ds v/khu vuqfpr lk/kuksa vkSj vijk/kksa esa lafyIr O;fDr ,sls dkjkokl ls ftldh vof/k rhu o’kZ ls de ugha gksxh fdarq tks ikap o’kZ rd dh gks ldsxh vkSj tqekZus ls] tks nl yk[k #Ik;s rd dk gks ldsxk] ls nafMr fd;k tk,xkA tqekZus ds lank; esa O;frØe dh n'kk esa dkjkokl dh vfrfjDr vof/k Hkkjrh; U;k; lafgrk] 2023 1/42023 dk 45½ ds miCkU/kksa ds vuqlkj vf/kjksfir dh tk,xhA lsok iznkrk ,d djksM+ #Ik;s rd ds tqekZus ds vf/kjksi.k ls Hkh naMuh; gksxk vkSj ijh{kk dh lekuqikfrd ykxr dks Hkh ,sls lsok iznkrk ls olwy fd;k tk,xk vkSj og dksbZ yksd ijh{kk lapkfyr djus ds fy, fdlh mŸkjnkf;Ro ds lkSais tkus ij pkj o’kZ dh vof/k ds fy, jksd fn;k tk,xkA tgka vUos’k.k ds nkSjku ;g lkfcr dj fn;k tkrk gS fd bl vfèkfu;e ds v/khu dksbZ vijk/k lsok iznkrk QeZ ds fdlh funs'kd] T;s’B izcaèku ;k mlds Hkkjlk/kd O;fDr;ksa dh lgefr ;k EkkSukuqdwyrk ls dkfjr fd;k x;k gS] og ,sls dkjkokl ls ftldh vof/k rhu o’kZ ls de dh ugha gksxh fdarq tks nl o’kZ rd dh gks ldsxh vkSj ,d djksM+ #Ik;s ds tqekZus dk Hkh nk;h gksxkA tqekZus ds lank; esa O;frdze dh n'kk esa dkjkokl dh vfrfjDr vof/k Hkkjrh; U;k; lafgrk] 2023 1/42023 dk 45½ ds miCkU/kksa ds vuqlkj vf/kjksfir dh tk,xhA bl /kkjk esa varfoZ’V dksbZ ckr fdlh ,sls O;fDr dks vf/kfu;e ds v/khu fdlh naM dk nk;h ugha Bgjk,xh ;fn og lkfcr dj nsrk gS fd vijkèk mldh tkudkjh ds fcuk dkfjr fd;k x;k Fkk vkSj mlus ,sls vijk/k dks dkfjr gksus ls fuokfjr djus ds fy, lHkh lE;d~ rRijrk cjrh FkhA

[The original text of section 11 is not provided in the snippet, only the heading] (1) If a person or a group of persons including the examination authority or service provider or any other institution commits an organised crime, he shall be punished with imprisonment for a term not less than five years but which may extend to ten years and with fine which shall not be less than one crore rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). (2) If an institution is involved in committing an organised crime, its property shall be subjected to attachment and forfeiture and proportionate cost of examination shall also be recovered from it. 1/41½ ;fn dksbZ O;fDr ;k O;fDr;ksa dk lewg ftlds varxZr ijh{kk izkf/kdj.k ;k lsok iznkrk ;k dksbZ vU; laLFkk Hkh gS] dksbZ laxfBr vijkèk dkfjr djrk gS rks og ,sls dkjkokl ls] ftldh vof/k ikap o’kZ ls de ugha gksxh fdarq tks nl o’kZ rd dh gks ldsxh vkSj tqekZuk] tks ,d djksM+ #Ik;s ls de ugha gksxk] nafMr fd;k tk,xkA tqekZus ds lank; esa O;frØe dh n'kk esa dkjkokl dh vfrfjDr vof/k Hkkjrh; U;k; lafgrk] 2023 1/42023 dk 45½ ds mica/kksa ds vuqlkj vf/kjksfir dh tk,xhA 1/42½ ;fn laLFkk fdlh laxfBr vijk/k dks dkfjr djus esa varoZfyr ikbZ tkrh gS rks mldh laifŸk dqdhZ vkSj leigj.k ds v/;/khu gksxh vkSj blds vfrfjDr] ijh{kk dh lekuqikfrd ykxr Hkh mlls olwy dh tk,xhA

[The original text of section 12 is not provided in the snippet, only the heading] (1) An officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act. (2) Notwithstanding anything contained in sub-section (1), the State Government shall have the powers to refer the investigation to any Investigating Agency.

[The original text of section 13 is not provided in the snippet, only the heading] The Chairperson, Members, officers and other employees of the public examination authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

[The original text of section 14 is not provided in the snippet, only the heading] No suit, prosecution or other legal proceedings under this Act, shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers: Provided that the public servants in the service of any public examination authority shall be subject to administrative action in terms of service rules of such public examination authority: Provided further that nothing shall prevent proceeding against such public servants where, prima facie case exists for establishing commission of an offence under this Act.

[The original text of section 15 is not provided in the snippet, only the heading] The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force: Provided that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law in force.

[The original text of section 16 is not provided in the snippet, only the heading] The State Government may, by notification published in the Rajpatra (e-Gazette), Himachal Pradesh, amend or vary entries of THE SCHEDULE.

[The original text of section 17 is not provided in the snippet, only the heading] (1) The State Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) to lay down procedures, processes and activities for being adopted to conduct the public examination; and (b) any other matter which is to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of not less than ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sucessive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule, or decides 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.

[The original text of section 18 is not provided in the snippet, only the heading] (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in Rajpatra (e-Gazette) Himachal Pradesh, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary for removal of difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

Act No. 45 of 2025.

fuEufyf[kr }kjk lapkfyr dksbZ ijh{kk%& 1- fgekpy izns'k yksd lsok vk;ksx] f'keykA 2- fgekpy izns'k jkT; p;u vk;ksx] gehjiqjA [See section 2 (l)] ANY EXAMINATION CONDUCTED BY— 1. Himachal Pradesh Public Service Commission, Shimla. 2. Himachal Pradesh Rajya Chayan Aayog, Hamirpur.