GUWAHATI: The Assam Legislative Assembly has passed the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024, aimed at curbing the leakage of question papers and the use of unfair means during public examinations for recruitment purposes under the state government. The bill seeks to provide effective measures to prevent and address offences related to the unfair means used in recruitment examinations for various posts under the state government, including autonomous bodies, authorities, boards, or corporations.
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According to the provisions outlined in the bill, police officers below the rank of Deputy Superintendent of Police are barred from investigating any offence committed under its purview. Furthermore, the state government, in consultation with the Chief Justice of the Gauhati High Court, will designate and notify several courts of Session to conduct trials for offences specified in the bill.
The primary objective of the bill is to ensure the integrity and fairness of recruitment processes conducted by the state government and its affiliated bodies. By establishing stringent measures and designated courts for trial, the bill aims to uphold the sanctity of public examinations and promote transparency in recruitment procedures across various sectors.
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The clauses are:
- Clause 10(1): This clause empowers the government to punish examinees providing unauthorized assistance, written material, recordings, or copies during examinations. Offenders face imprisonment of up to three years and a fine of no less than one lakh rupees. Defaulters failing to pay the fine may face an additional three-month imprisonment.
- Clause 10(2): This clause grants the government the authority to penalize any individual, regardless of whether they are entrusted or authorized to conduct public examinations, who engages in activities such as leaking, procuring, selling, printing, or solving question papers, directly or indirectly aiding examinees in unauthorized manners, conducting examinations in non-designated centers, or printing question papers or blank answer scripts in printing presses not designated for the purpose. The punishment for such offenses includes imprisonment ranging from 5 to 10 years, along with a fine ranging from 10 lakh to 10 crore rupees. In the event of default in paying the fine, an additional imprisonment period of two years may be imposed.
- Clause 11: Under this provision, the government reserves the right to debar examinees convicted under the bill's provisions from taking any public examination for a period of two years.
- Clause 12: The court is authorized to issue orders for the recovery of any wrongful gains obtained through organized crime in collusion with examination authorities.
- Clause 13: This clause empowers the government to hold management or institution officials accountable for offences under sub-section 2 of Section 10, requiring them to cover all costs and expenses related to the examination as determined by the Special Court. Additionally, they may face a permanent ban.
- Clause 16: The government has the authority to designate a Police Officer not below the rank of Deputy Superintendent of Police to investigate any offence committed under the bill.
- Clause 17: In consultation with the Chief Justice of the Gauhati High Court, the government can designate and notify several Special Courts to try offences under the bill, ensuring that justice is swiftly and effectively administered.