Chapter IV EXAMINATIONS AND PREVENTION OF MALPRACTICES ETC.

In this Chapter except in section 22,-

(a) “answer script” in relation to any examination means material or medium supplied or facilitated by the competent authority for the candidates to record their answers in the manner prescribed, and such material or medium either before or after recording of the answers by the candidates shall be property of the competent authority.

(aa) "educational institutions" means any University, any college affiliated to or maintained by the University, any junior college, any school or institution imparting primary, secondary or technical education and includes the Karnataka State Secondary Education Examination Board, the Karnataka State Board of Technical Education, the Karnataka Pre-University Board and such other institution or classes of institution as may be notified by the State Government in the official Gazette;

(b) “examination” means an examination for the time being specified in the Schedule II and such other examinations as may be notified by the State Government in the Official Gazette and includes practical examination, and includes question paper setting and printing, custody and transportation of question papers and answer scripts, invigilation, evaluation, tabulation, publication of results and all other matters connected therewith.

(c) "refusal to work" in relation to any person to whom any work in connection with any examination has been assigned means, his failure to attend at, or absence from, the place of work on a working day and during working hours, without obtaining permission of the authority competent to grant such permission or his refusal to do the work or any other conduct on his part, which results in or is likely to result in cessation or substantial retardation of the work and the words "to refuse to do the work", with all their grammatical variations and cognate expressions shall be construed accordingly; and

(d) "malpractice" in relation to any examination means any illegal or unauthorized act committed by a person individually or in collusion with any other person before, during or after examination hours by taking or giving or attempting to take or give any help from or to any person or from any material, written, recorded, typed, photographed or printed or transmitted from any person, in any form whatsoever in order to obtain undeserved marks or grades or to place one or more candidates at an unfair advantage or disadvantage.

(e) “Question paper” in relation to any examination means a set of questions related with specified topics of prescribed syllabus and intended to be used at any examination, and which shall be property of the competent authority.

(1) The examination system, whether by internal assessment, external assessment or partly internal and partly external assessment, shall be so regulated by the competent authority as to make it a reliable and effective method of student evaluation.

(2) The government may make rules for all matters connected with the implementation of the examination system and the conduct of examination and the pattern of examination system to which different classes of educational institutions should conform.

No person,-

(a) who is appointed as a paper setter at any examination shall supply or cause to be supplied the question paper drawn by him or a copy thereof or communicate the contents of such paper to any person or give publicity thereto in any manner, except in accordance with the instructions given to him in writing by his appointing authority in this behalf; or

(b) who is entrusted with the work of printing, cyclostyling, typing or otherwise producing copies of any question paper set for the purposes of any examination shall 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 instructions given to him in writing by the authority which entrusted the work to him; or

(c) who is entrusted with the custody, or is otherwise in possession of any question paper set for the purposes of any examination shall supply or distribute or cause to be supplied or distributed any copy thereof or communicate the contents thereof to any person or give publicity thereto in any manner, except in accordance with the instructions given to him in writing by the authority which entrusted the custody or give possession thereof to him.

(d) who is entrusted with evaluation of answer scripts or supervision of the evaluation shall intentionally or knowingly carry out the evaluation or supervision in contravention of the scheme of evaluation specified by the competent authority.

(e) who is entrusted with custody and transportation of answer scripts shall intentionally or knowingly cause or facilitate damage or unauthorized access to or tampering of the answer scripts.

(1) No person shall in or near an examination hall copy answers to the question papers set at the examination, from any book, notes or answer papers of other candidates or commit any other malpractices:

Provided that nothing in this section shall preclude such person from taking such assistance from books or materials as is permissible under the rules governing such examination.

No person shall, during or after question paper setting, printing of question paper, custody and transportation of question papers either before or during examination cause leakage of question paper or indulge in malpractice by,-

(i) buying, selling or procuring or attempting to do so or otherwise dealing with any question paper intended for use at any examination; or

(ii) possessing or procuring or inducing any other person to deliver him or any other person any question paper or attempting to do so intended for use at any examination.

Explanation.- For the purpose of this clause “Leakage of a question paper” includes any of the following process carried out or attempting to carry out without approval of the competent authority, namely:-

(a) Printing; (b) Photocopying; (c) Photographing; (d) Writing by hand or in brail form; or (e) Communicating, sending or transmitting any text, video, audio or image through any communication device or computer network as defined in the Information Technology Act, 2000 (Central Act 21 of 2000).

No person shall appear or write at any examination for or on behalf of any other candidate.

No person, save in the discharge of his duties or orders of his superiors, shall during the hours when an examination is conducted or any evaluation or tabulation work relating to any examination is done and one hour preceding the commencement of such examination, evaluation or tabulation work, loiter within the premises wherein the examination is held or evaluation or tabulation work is done or at any public or private place within a distance of one hundred meters from such premises:

Provided that nothing contained in this section shall apply in respect of bonafide activities of any such person.

No person shall,-

(a) save in accordance with the rules or orders governing the conduct of an examination,-

(i) change, modify, vary or alter the answers written by an examinee at such examination; or

(ii) introduce additional answer books or sheets into an answer script or remove or substitute the answer scripts or any part thereof;

(b) intentionally or knowingly,-

(i) make incorrect entries in an answer script or marks register or marks card; or

(ii) total or retotal wrongly the marks obtained by any candidate; or

(iii) feed wrong data to the computer,

intending thereby to wrongfully increase or decrease the marks awarded or to be awarded to the examinee at an examination.

Notwithstanding anything contained in any law for the time being in force or in any contract or any judgment, decree or order of any court or tribunal, it shall be the duty of every officer, teacher or other employee of every educational institution and every person in the service or pay of or remunerated by any educational institution to do any work assigned to him, in connection with any examination.