Chapter 1 PRELIMINARY

Short title, extent and commencement :

1. (1) This Act may be called the Arunachal Pradesh Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024.
2. (2) It shall extend to whole of Arunachal Pradesh. It shall come into force on the date of its publication in the Official Gazette.

Definitions : In this Act, unless the subject or context otherwise requires,

1. (a) "Conduct of public examination" means and includes preparation, printing, supervision, coding, processing, storing, transportation, distribution and collection of question papers, answer sheets, OMR sheets and result sheets, scanning, evaluation, declaration of result, etc;
2. (b) "Controller of Examination" means and include Joint Controller of Examination, Deputy Controller of Examination and Assistant Controller of Examination
3. (c) "Examination Authority" means an examination authority as specified in the Schedule-I;
4. (d) "Examination centre" means any institution or part thereof or any other place fixed and used for the holding of a public examination and includes the entire premises attached thereto ;
5. (e) "Examinee" means a person who has been granted permission by the concerned authority to appear in a public examination. and includes a person authorized to act as scribe on his behalf
6. (f) "Government" means Government of Arunachal Pradesh;
7. (g) "Institution" means any agency, organization, 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 purpose of this clause, it is clarified that "company" includes a company as defined in clause

1. (20) of Section 2 of the Companies Act, 2013; or a limited liability partnership firm as defined in clause
   • (n) of sub-section
2. (1) of Section 2 of the Limited Liability Partnership Act, 2008.
   • (h) "Offence" means any act in contravention of provisions of this Act and includes "unfair means" as defined in Chapter-II of this Act:
     • (i) "organized 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 public examination.
   • (j) "person associated with 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
   • (k) "prescribed" means prescribed by rules made under this Act ;
   • (l) "Public examination" means examination for the purpose of recruitment to any post under the State Government including autonomous bodies, boards, corporations and other authorities as specified in the Schedule -II;
   • (m) "public servant" for the purpose of this Act, means and includes any person
     • (i) whether Government employee or
     • (ii) any other person, who is engaged, directly or indirectly, for the purpose of conducting examination by the examination authority, specified in Schedule -I. Explanation : The term includes a public servant as defined under the Prevention of Corruption Act, 1988 and Bharatiya Nyaya Sanhita, 2023 as amended from time to time.
   • (n) "Schedule" means Schedules appended in this Act;
   • (o) "Service provider" means any agency, organization, 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;
   • (p) "Special Court" means special court notified under Section 23 of this Act :
   • (q) "State" means State of Arunachal Pradesh;
   • (r) "Undue advantage" means any gratification whatever, other than legal remuneration. Explanation -For the purposes of this clause, the word "gratification" is not limited to pecuniary gratifications or to gratifications estimable in money:
3. (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.