Upto ₹10 Crore Fine If Caught Using Unfair Means According To The Proposed Exam Bill

10:48 AM Feb 06, 2024 | Rahul Chanda

 

GUWAHATI: Assam government today introduced a new Bill- Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024.

The bill was introduced by state parliamentary affairs minister Pijush Hazarika on behalf of Chief Minister Himanta Biswa Sarma.

According to the bill, the offender will be awarded imprisonment of five years to ten years or imposition of ₹10 lakh to ₹10 crore penalties and in case of default of fine, further imprisonment of two years.

Clause 10(2) of the bill empowers the government to punish any person including the examinee, whether entrusted or authorised to conduct a public examination or not, indulging in any attempt to leak, procure, sell, print, to solve question paper, directly or indirectly to assist examinee in an unauthorised manner, to conduct examination in not designated centres or print question papers or blank answer scripts in not designated printing press, with imprisonment of 5 years to 10 years or fine ₹10 lakh to ₹10 crore and in case of default of fine, further imprisonment of two years, the memorandum regarding delegated legislation reads.

The bill comes after the paper leakage incident during the High School Leaving Certificate (HSLC) examination 2023 drew criticisms.

The Central government also introduced the Public Examination Bill 2024 in Parliament to make a provision for ten years imprisonment and a fine of ₹1 crore if paper leaks and examination irregularities are detected.

This comprehensive legislation extends its reach to all government-conducted examinations, including those administered by the Assam Public Service Commission (APSC), Guwahati High Court, State Level Recruitment Commission (SLRC) for Class III Posts, State level Recruitment commission for Class IV Posts, any other authority or agency or recruitment committee engaged or constituted by the state government, state-funded universities, Board of Secondary Education Assam (SEBA), Assam Higher Secondary Education Council (AHSEC), Teachers Eligibility Test for LP and UP Schools, Teachers eligibility Test for Secondary Schools, State Level Police Recruitment Board, Medical and Health Recruitment Board, Assam Engineering Service Recruitment Board, Assam College Service Recruitment Board, any other examination conducted by the state PSUs, any other exams conducted by societies, corporations, local bodies and all PSUs and any other exams conducted by any authority appointed by the state government.  Certificate (HSLC) examination, examinations conducted by the Assam Higher Secondary Education Council (AHSEC), and the Teacher Eligibility Test (TET).

The introduction of this bill signifies a pivotal step towards ensuring integrity and fairness in the examination process, underscoring the government’s commitment to upholding standards of meritocracy and transparency in recruitment practices throughout the state.

Printing of question papers for examinations can now only be conducted in government-authorized presses, as per a new regulation.

All offences specified under the Bill will be cognizable, non-bailable and non-compoundable and to be investigated by no police official below the rank of DSP.

The state government will notify the special courts to try offences and a court not below the court of the additional district and sessions judge will be designated as a special court under the provision of the bill.

In case of any offence committed by any management, institution, or limited liability partnership or others, every person who at the time the offence was committed was in charge of or was responsible to the management or institution or limited liability partnership or others will be deemed to be guilty of the offence and will be liable to be proceeded against and punished accordingly.

An examinee who has been convicted of an offence under the provisions of this legislation will be debarred from taking any public examination as defined in clause (f) of Section 2 read with Schedule II for two years.