The Arunachal Pradesh Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024

The Arunachal Pradesh Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
No. 343, Vol. XXXI, Naharlagun, Wednesday, August 7, 2024, Sravana 16, 1946 (Saka) 
GOVERNMENT OF ARUNACHAL PRADESH 
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT 
CIVIL SECRETARIAT 
ITANAGAR 
NOTIFICATION 
The 7th August, 2024 
» No. Law/Legn-_10/2024.—The following Act of the Arunachal Pradesh Legislative Assembly 
which was passed in the Second Session of the Eighth Legislative Assembly and received the 
assent of the Governor of Arunachal Pradesh is hereby published for general information. 
(Received the assent of the Governor on 5th August, 2024) 
THE ARUNACHAL PRADESH PUBLIC EXAMINATION 
(MEASURES FOR PREVENTION OF UNFAIR MEANS IN 
RECRUITMENT) ACT, 2024 
(ACT NO. 9 OF 2024) 
An 
Act 
to provide for effective measures to prevent and curb the offences of leakages of question 
Ppapers and use of unfair means at public examinations for the purpose of recruitment to any 
post under the State Government (including autonomous bodies, boards or corporations and 
other authorities) and to provide for special courts for the trial of such offenses and for matters 
connected therewith or incidental thereto. 
Be it enacted by the Arunachal Pradesh State Legislature in the Seventy—fifth year of the 
Republic of India, as follows : 
CHAPTER -1 
PRELIMINARY 
1. Short title, extent and commencement : 
(1) This Act may be called the Arunachal Pradesh Public Examination (Measures for 
Prevention of Unfair Means in Recruitment) Act, 2024. 
(2) Itshall extend to whole of Arunachal Pradesh. 
(3) It shall come into force on the date of its publication in the Official Gazette. 
2. (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
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(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. 
9. 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 éxamination shall 
use or cause to be used any place, other than the examination centre, for the purpose of 
holding public examination. 
10. Offence by Management, Institution or others : (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 Management or Insfitution or Limited Liability Partnership or 
others, shall be deemed to be guilty of the offenice and shall be liable to be proceeded 
againstand 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 committed 
without his knowledge and that he exercised all due diligence to prevent the commission 
of such offence. 
(2) Notwithstanding anything contained in sub-section (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 Institution or Limited Liability 
Partnership or others, such director, partner, manager, secretary or other officer 
shall aiso be deemed to be guilty of the offence and shall be liable to be proceeded 
against and punished accordingly. 
CHAPTER - 1ll 
PUNISHMENT FOR OFFENCES 
11.  All offences under this Act, shall be cognizable, non-bailable and non- compoundable. 
12. (1) Any person or persons resorting to unfair means and offences under this Act, shall be 
punished with imprisonment for a tarm 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) 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 2 
(3) Whereitis 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) 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. 
13. (1) If a person or a group of persons iicluding the examination authority or service 
provider or any other institution commits an organized crime, he shall be punished 
with imprisonment for a term not less than five years but which may extend to ten years and with fine which shall not be less than one crore rupees. In case of default of payment of fine, an additional i impri of fine, punishment of imprisonment shall be i per the provisions of the Bharatiya Nyaya Sanhita, 2023 e 
(2) If an institution is involved in 
subjected to attachment an, 
also be recovered from jt. 
committing an organized crime, its pro r : 2 perty shall be d forfeiture and Pproportionate cost of examination shall 
14. Debarmenton conviction : An i s Provisions.of this el €examinee who has been convicted of an offence under debarred from taking any public examinations in future.
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CHAPTER - IV 
INQUIRY AND INVESTIGATION 
15. (1) Inquiry and Investigation of the offences - No police officer below the rank of 
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Deputy Superintendent of Police or Assistant Commissioner of Police shall 
investigate any offence committed under this Act. 
(2) Notwithstanding anything contained in sub-section (1), the State Government 
shall have the powers to refer the investigation to any State or Central Investigating 
Agencies. 
CHAPTER -V 
MISCELLANEOUS 
The Chairperson, Members, officers and other employees of the public examination authority 
shall be deemed, when acting or purporting to actin pursuance of any of the provisions 
of this Act, to be public servants within the meaning of Bharatiya Nyaya Sanhita, 2023. 
No suit, prosecution or other legal proceedings under this Act, shall lie against any 
public servant, in respect of anything which is done in good faith or intended to be done in 
the discharge of his official functions or in exercise of his powers: 
Provided that the public servant, in the service of any public examination authority 
shall be subject to administrative action in terms of service rules of such public examination 
authority. 
Provided further that nothing shall prevent proceeding against such public servants 
where, prima-facie case exists for establishing commission of an offence under this Act. 
Proper upkeep of examination related documents : The Arunachal Pradesh Public 
Service Commission and the Arunachal Pradesh Staff Selection Board or any other 
authority or agency or recruitment committee or Board constituted by the State Government 
shall arrange proper upkeep of the examination related documents for a period of five 
years if there is no court case or complaint and in case the examination is challenged or 
complained against, till the case is finally disposed of as the same are required for proper 
investigation and enquiry. 
Attachment and confiscation of property : (1) No person shall hold or be in possession 
of any proceeds of any offence under this Act. 
(2) If an officer, investigating an offence committed under this Act, has reason to 
believe that any property represents proceeds of any offence under this Act, he 
shall with the prior approval in writing of the State Government make an order seizing 
such property, movable or immovable (including land possession certificate) or both 
of a value approximately to the value of proceeds gained through crime, and where it 
is not practicable to seize such property, make an order of attachment directing that 
such property shall not be transferred or otherwise dealt with except with the prior 
permission of the officer making such crder or, as the case may be, the special 
Court and a copy of such order shall be served on the person concerned. 
(3) The investigating officer shall duiy inform the Speciai Court, within forty- eight hours 
of the seizure or attachment of such property. 
(4) Itshall be open to the Special Court either to confirm or revoke the order of seizure or 
attachment made under sub-section (2). 
Provided that the Special Court shall not pass an order unless an opportunity 
of making representation is given to the person whose property is being 
attached. 
(5) Where the accused has been convicted of any offence punishable under this Act, 
the Special Court may, in addition to awarding any punishment, by order in writing, 
declare that any property, movable or immovable or both belonging to the accused 
and specified in the order shall stand confiscated to the State Government free from 
all encumbrances. 
Explanation, - For the purpose of this section “proceeds of any offence under this 
Act’ means all kind of properties which have been derived or obtained from commission 
of any offence under this Act, or have been acquired through funds traceable to any 
offence under this Act and shall include cash, irrespective of person in whose name 
such proceeds are standing or in whose possession they are found. 
Liability of Management etc. to pay all cost and expenditure : If any person or 
Management or Institution or Limited Liability Partnership or others has been found guilty 
of the offence under this Act, such person or Management or Institution or Limited Liability 
Partnership or others shall be liable to pay >osi and expenditure related to the examination, 
as may be determined by the State Government and such cost shall be recoverable as 
public demand under the provisions 4f Bengal Public Demands Recovery Act, 1913 as 
arrear of land revenue. 
Provided that such person or Management or Institution or Limited Liability 
Partnership or others shall be barred and the State Government shall also initiate criminal 
proceedings under this Act, or any other law for the time being in force.
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Constitution of High Level Enquiry Committee : In case of occurrence of malpractice 
in recruitment examination, the State Government, may within a reasonable time, constitute 
a High Level Enquiry Committee to enquire into the matter and to submit its report to 
State Government within such time as may be specified in constitution order. 
Establishment of Grievances Redressal Cel! : The recruiting agencies shall establish 
Grievances Redressal Cell to redress all the examination related issues stage wise of 
the examination in a time bound manner. 
Cases triable by Special Courts : Notwithstanding anything contained in the Bharatiya 
Nagrik Suraksha Sanhita, 2023 (Act No. 46 of 2023) or in any other law for the time being 
in force, the offences specified under this Act, shall be tried by the Special Court constituted 
under this Act. 
Constitution of Special Courts : The State Government shall, after consultation with 
the High Court, designate and notify a Court not below the Court of Additional Sessions 
Judge, as Special Court to try the offence punishable under this Act. 
Provided that, if the designated Court(s) has to try the offence of corruption in 
examination, the Court(s) already designated to try cases under Prevention of Corruption 
Act, 1988 shall try such cases without further designating special court(s) under this Act. 
Act not in derogation of any other law : The provisions of this Act, shall be in addition 
to and not in derogation of the provisions of any other law for the time being in force. 
Provided that the provisions of this Act, shall have effect notwithstanding anything 
inconsistent therewith contained in any other law for the time being in force or any 
instrument having effect by virtue of any such law in force. 
Power to remove difficulties-(1) If any difficulty arises in giving effect to the provisions 
of this Act, the State Government may, by order, published in Official Gazette, make 
such provisions not inconsistznt with tre provisions of this Act, as may appear to be 
necessary for removing the difficulties. : 
(2) Every order made under this section shall be laid, as soon as may be after it is 
made, before the State Legislative Assembly. 
Power to make rules, : (1) The State Government, by notification to be published in the 
Official Gazette, may make rules for carrying out the purposes of this Act. 
(2) All rules made under this Act, shall be laid, as soon as may be after they are so 
made, before the State Legislature, while it is in session. 
SCHEDULE -1 
[See Section 2(c)] 
1. Arunachal Pradesh Public Service Commission (APPSC) ; 
Arunachal Pradesh Staff Selection Board (APSSB) ; 
3. Any other Authority or Agency or Recruitment Committee or Board engaged 
or constituted by the State Government ; 
4. State Funded Universities ; 
5. Any Society, Corporation, Local Body, Public Sector Undertaking (PSU) etc. 
owned , controlled or aided by the State Government ; 
6. Any other Authority notified by the State Government. . 
SCHEDULE -1l 
[See Section 2(/)] 
1. Any examination conducted by Arunachal Pradesh Public Service Commission; 
2. Any examination conducted by Arunachal Pradesh Staff Selection Board; 
3. Any examination conducted by any other Authority or Agency or Recruitment 
committee or Board engaged or constituted by the State Government; 
4. Any examination conducted by State Funded Universities; 
5. Any examination conducted by any Society, Corporation, Local Body, Public 
Sector Undertaking (PSU) owned, controlled or aided by the State Government; 
6. Any examination conducted by any other Authority notified by State 
Government. 
Yashpal Garg, IAS 
Commissioner to the 
Government of Arunachal Pradesh, 
Itanagar. 
Printed at Directorate of Printing & Stal Naharlagun.— - i (Lo 55 Comaorate of Prniing & Stationery, Naharlagun.701/2024-DoP-250+ Secy.(LA)-50+Cammissioner

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