Chapter II UNFAIR MEANS AND OFFENCES

Prohibition of use of unfair means : No person, or group of persons or institutions shall collude or conspire to facilitate indulgence in any such unfair means at any public examination.

Possession and disclosure of question paper : No person authorized by virtue of his duties in conduct of public examination shall before the time fixed for opening and distribution of question papers -

1. (i) open, leak, sell, or procure or atempt to procure, possess or solve such question paper or any portion or a copy there af, or
2. (ii) give any confidential information or promise to give such confidential information to any person or examinee, where such confidential information is related to or in reference to such question paper.

Prevention of leakage by person entrusted or engaged with examination work : No person, who is entrusted to engage with any work pertaining to public examination shall, except where he is permitted by virtue of his duties so to do directly or indirectly divulge or cause to be divulged or make known to any other person any information or part thereof which has come to his knowledge by virtue of the work being so entrusted to him.

Unauthorized possession or disclosure of question paper and answer sheet or OMR sheet in any form: No person who is not lawfully authorized or permitted by virtue of his duties to do so, shall, before the time fixed for the distribution of question papers -

1. (i) procure or attempt to procure or possess, such question paper or answer sheet or OMR sheet or any portion or copy thereof in any form ; or
2. (ii) impart or offer to impart, such information which he knows or has reason to believe to be related to, or derived from or to have a bearing upon such question paper.

Prohibition to enter in examination centre: No person who is not entrusted or engaged with the work pertaining to public examination or conduct of public examination or who is not an examinee, shall enter the premises of the examination centre.

Offence by Management, Institution or others:

1. (1) Whenever an offence under this Act, has been committed by Management or Institution or Limited Liability Partnership or others, every person who at the time of the offence was committed was in-charge of, or was responsible to the Management or Institution or Limited Liability Partnership or others for conduct of the business of the Management or Institution or Limited Liability Partnership or others, as well as the Manage ment or Institution or Limited Liability Partnership or others, shall be deemed to be guilty of tie offence and shall be liable to be prOceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that the offence was commited without his knowiedge and that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section
3. (1) where an offence under this Act, has been committed by Management, Institution or Limited Liability Partnership or others and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, partner, manager, secretary or other officer of the Management, or lnstitution or Limited Liability Partnership or others, such director, partner, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

No place other than examination centre shall be used for public examination: No person who is entrusted or engaged with the work pertaining to public examination shall use or cause to be used any place, other than the examination centre, for the purpose of holding public examination.

Cognizance of offence:

1. (1) Whenever an offence under this Act, has been committed by Management or Institution or Limited Liability Partnership or others, every person who at the time of the offence was committed was in-charge of, or was responsible to the Management or Institution or Limited Liability Partnership or others for conduct of the business of the Management or Institution or Limited Liability Partnership or others, as well as the Manage ment or Institution or Limited Liability Partnership or others, shall be deemed to be guilty of tie offence and shall be liable to be prOceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that the offence was commited without his knowiedge and that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section
3. (1) where an offence under this Act, has been committed by Management, Institution or Limited Liability Partnership or others and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, partner, manager, secretary or other officer of the Management, or lnstitution or Limited Liability Partnership or others, such director, partner, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Punishment for offences:

1. (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 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.
2. (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 conduct of any public examination.
3. (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 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.
4. (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.