Amendment status not verified — confirm the current text below against the official source.
(1) Definitions : In this Act, unless the subject or context otherwise requires,- (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; (b) “Controller of Examination” means and include Joint Controller of Examipation‘ Deputy Controlier of Examination and Assistant Controller of Examination ; (c) “Examination Authority” means an examinatior authority as specified in the Schedule-1; inati ! ituti rt thereof or any other place “Examination centre’ means any institution or part ! « c - fixed and used for the holding of a public examination and includes the entire premises attached thereto; The Arunachal Pradesh Extraordinary Gazette, August 7, 2024 (e) “Examinee” means a person who has been granted permission by the concemed authority to appear in a public examination, and includes a person authorized to act as scribe on his behalf ; () “Government” means Government of Arunachal Pradesh ; (g) “Institution” means any agency, organization, body, asso_ciation 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 (20) of Section 2 of the Companies Act, 2013 : or a limited liability partnership firm as defined in clause (n) of sub-section (1) of Section 2 of the Limited Liability Partnership Act, 2008. (h) “Offence” means any actin contravention of provisions of this Act and includes “unfair means” as defined in Chapter-Il 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) () “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 - 11 ; “prescribed” means prescribed by rules made under this Act ; (m) “public servant” for the purpose of this Act, means and includes any person (i) whether Government employee or (i) any other person, who is engaged, directly or indirectly, for the purpose of conducting examination by the examination authority, specified in Schedule - 1. 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. W “Schedule” means Schedule(s) 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 meterial, 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 nctified under Section 23 of this Act ; (q) “State” means State of Arunachal Pradesh ; () “Undue advantage” means any gratification whatever, other than legal remuneration. Explanation — For the purposes of this clause, the word “gratificétion" is not limited to pecuniary gratifications or to gratifications estimable in money ; (2) Words a'nd 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. CHAPTER-II A —— re'a‘:’;':l‘:efl:?hls AND OFFENCES s omis nduct of a public €xamination shall include any act The Arunachal Pradesh Extraordinary Gazette, August 7, 2024 3 (i) in relation ‘to any person*: (a) impersonate or leak or attempt to leak or conspire to leak question paper or answer key or part thereof ; (b) participating in collusion with others to effect the leakage of question paper or answer key ; (c) sellorattemptto sell or possess or attempt to possess question paper(s) in an unauthorized manner for any undue advantage ; (d) procure or attempt to procurs or possess or attempt to possess question paper(s) or an Optical Mark Recognition response sheet in an unauthorized manner; (e) tampering with answer sheets including Optical Mark Recognition response sheets ; (f) solve or attempt to solve or seek assistance to solve question paper in an unauthorized manner; (g) directly or indirectly assist the examinee in the public examination in unauthorized manner; (h) altering the assessment except to correct a bonafide error without any authority, (i) willful violation of Standard Operating Procedures (SOPs) for conduct of public examination(s) ; () tampering with any document necessary for short- listing of examinee(s) or finalizing the merit or rank of examinee(s) in a public examination ; (k) deliberate violation of security measures to facilitate unfair means in conduct of a public examination ; () tampering with the computer network or a computer resource or a computer system ; (m) manipulation in seating arrangements, allocation of dates and shifts for the candidate(s)/examinee(s) to fasililate adopting unfair means in examinations ; (n) threatening the life, liberty or wrongfully restraining persons associated with the public examination authority or the service provider or any authorized agency of the Government ; or obstructing the conduct of a public examination ; (o) creation of fake website to cheat or for monetary gain; and (p) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain. *Explanation : The term “Any person” includes any (i) examinee and (ii) person (a) working in or (b) engaged by the examination authority, directly or indirectly, in the conduct of exams viz- Chairperson, Member, Secretary, Joint Secretary, Deputy Secretary, Under Secretary, Controller, Joint Controller, Deputy Controller, Assistant Controller, paper setter, moderator, invigilator, brokers, middlemen, conduit etc. 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 - (i) open, leak, sell, or procure cr attempt to procure, possess or solve such question paper or any portion or a copy theref; or & ' (i) 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- (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 i) i i i i knows or has reason to believe to ii) impartor offer toimpart, such information which he X & be related to, or derived from or to have a bearing upon such question paper. The Arunachal Pradesh Extraordinary Gazette, August 7, 2024 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.