The Gujarat Public Examination (Prevention of Unfair Means) Act, 2023

IV Ex.-2           2-1 
Extra No. 2  
© 
The Gujarat Government Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Vol. LXIV ]    FRIDAY,  MARCH  3,  2023 / PHALGUNA  12,  1944 
Separate paging is given to this Part in order that it may be filed as a Separate Compilation. 
 
PART IV 
 
Acts of Gujarat Legislature and Ordinances promulgated and Regulations 
made by the Governor. 
 
 
 The following Act of the Gujarat Legislature, having been assented to by the 
Governor on the 2nd March, 2023 is hereby published for general information. 
 
K. M. LALA, 
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
 
GUJARAT ACT NO. 2 OF 2023. 
 (First published, after having received the assent of the Governor, in the "Gujarat 
Government Gazette", on the 3rd March, 2023). 
AN ACT 
to prevent unfair means and leakage of question paper in public examination and to  
provide for matters connected therewith or incidental thereto.  
It is hereby enacted in the Seventy-fourth Year of the Republic of India as follows:- 
1.    (1)  This Act may be called the Gujarat Public Examination (Prevention of Unfair Means) 
Act, 2023.  
(2) It shall come into force on such date, as the State Government may, by notification in 
the Official Gazette, appoint.  
2.   In this Act, unless the context  otherwise requires, -  
(a) “conduct public examination” means and includes preparation, printing, 
supervision, coding, processing, distribution of question papers, evaluation, 
declaration of result, etc.;  
Short  
title and  
commencement. 
Definition
s. 
 
2-2 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART  IV 
(b) “examinee” means a person who has been granted  permission by examination 
authority to appear in the public examination and includes a person authorized 
to act as scribe on his behalf in the public examination;  
(c) “examination authority” means an examination authority as specified in the 
Schedule or s uch other authority as may be specified by the State Government 
by notification in the Official Gazette ;  
(d) “examination center ” means such premises, as may be specified by the 
examination authority to conduct public examination;  
(e) “inspection team” me ans persons authorised by the examination authority to 
inspect any examination center ; 
(f) “organized crime” means an unlawful activity committed by a person or a group 
of persons indulging in unfair means to pursue or promote a shared interest for 
wrongfu l gains;  
(g) “public examination” means any examination conducted by the examination 
authority as specified in the Schedule or conducted by such other authority as 
may be notified by the State Government under clause (c);  
(h) “Schedule” means the Schedule  appended to this Act;  
(i) “State Government” means the Government of Gujarat;  
(j) “supervisory staff” includes persons authorised by the examination authority to 
conduct public examination;  
(k) “unfair means” includes, - 
(i) in relation to any person inclu ding an examinee,  
(a)  to impersonate or leak or attempt to leak or conspire to leak; or  
(b)  to procure or attempt to procure or possess or attempt to possess 
question paper in unauthorised manner; or  
(c) to solve or attempt to solve or seek assistance to solve or to assist 
to solve question paper in unauthorised manner;  
(ii) directly or indirectly assists the examinee in any manner whatsoever, in 
the public examination for monetary or wrongful gains, in relation to any 
person other than examinee.  
3. No person shall use or indulge in any unfair means in any public examination or the 
conduct of public examination.   
 
4.     (1)  If the examinee, during the public examination, takes an unauthorised help from any 
person directly or indirectly or from any material written, recorded, copied or printed, 
in any form whatsoever, or use of any unauthorised electronic or mechanical 
instrument or gadget, he shall be referred to the examination authority and the 
decision of the examination authority in such case shall be final.  
(2)  Notwithstanding anything contained in this Act, in case an examinee appearing in the 
public examination other than the examination conducted for the recruitment, by the 
Gujarat Secondary and Higher Secondary Education Board or the State Funded 
Universities, has committed any offence under this Act, he shall be referred to the 
Gujarat Secondary and Higher Secondary Education Board or as the case may be, to 
the concerned University and the decision of the Gujarat Secondary and Higher 
Secondary Education Board or concerned University, in this case shall be final.  
Prevention  
of use or 
indulgence  
in unfair  
means. 
 
Unauthorised 
help received by 
the examinee. 
 PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 2-3 
5. No person authorised by virtue of his duties in conduct of public examination shall, before 
the time fixed for opening and distribution of question papers- 
(a) open, leak or pro cure or attempt to procure, possess or solve such question paper or 
any portion or a copy thereof; or  
(b)  give any confidential information or promise to give such confidential information to 
any person or examinee, where such confidential information i s related to or in 
reference to such question paper. 
6. No person who is not lawfully authorised or permitted by virtue of his duties to do so, shall, 
before the time fixed for the distribution of question papers-  
 
 
(a)  procure or attempt to procure or p ossess, such question paper or answer sheet or 
OMR sheet or any portion or copy thereof in any form; or  
(b)  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. 
7.  No person, who is entrusted or engaged with any work pertaining to public examination 
shall, except where he is permitted by virtue of his duties so to do, directly or indirectly 
reveal or cause to be revealed or make known to any o ther person any information or part 
thereof which has come to his knowledge by virtue of the work being so entrusted to him. 
8.  No person who is not entrusted or engaged with the work pertaining to the public 
examination or conduct of public examination  or who is not an examinee, shall enter the 
premises of the examination centre. 
9. No person who is entrusted or engaged with the work pertaining to the public examination 
shall use or cause to be used any place, other than the examination centre, for the purpose 
of holding public examination.  
 
10. (1)  Whenever an offence under this Act has been committed by the Management or 
Institution or Limited Liability Partnership or others, every person who at the time the 
offence was committed, was in -charge of, or was accountable to the Management or 
Institution or Limited Liability Partnership or others for the conduct of the business of 
the Management or Institution or Limited Liability Partnership or others, shall be 
guilty of the offence and shall be liable t o 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 
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 the Management or 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 neglect on the part of, any director, 
partner, manager, secretary or other officer of the Management or Institution or 
Limited Liability Partnersh ip or others, such director, partner, manager, secretary or 
other officer shall also be guilty of the offence and shall be liable to be proceeded 
against and punished accordingly. 
Unauthorised 
possession or 
disclosure of  
question paper  
and answer 
sheet or  
OMR sheet  
in any form. 
 
Prevention of 
leakage by  
person entrusted  
or engaged with 
examination  
work. 
Prohibition  
to enter 
 examination 
centre. 
 
 No place other 
than examination  
center shall be 
used for public 
examination. 
 
Offence by 
management, 
institution or 
others. 
Unauthorised 
possession and 
disclosure of 
question paper. 
 
2-4 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART  IV 
11. No person who is on the management or on the staff of an institution w hich is being used 
for the holding of a public examination, or who is entrusted with any work pertaining to 
public examination, shall provide any help or assistance to an examinee in using unfair 
means in the public examination. 
12. (1)  Any examinee indu lging in unfair means shall be punished with imprisonment for a 
term which may extend to three years and shall also be liable to fine, which shall not 
be less than one lakh rupees and in case of default of payment of fine, such examinee 
shall also be punis hed with imprisonment in accordance with the provisions of the 
Code of Criminal Procedure, 1973.  
(2)  If any person obstructs or threatens any member of the inspection team, supervisory 
staff, examination authority, officer or person appointed by the exa mination authority 
for performing duty or from entering any examination centre, he shall be punished 
with imprisonment for a term which may extend to three years and with fine which 
shall not be less than one lakh rupees and in case of default of payment o f fine, such 
person shall also be punished with imprisonment in accordance with the provisions of 
the Code of Criminal Procedure, 1973.  
(3)   If any person, including examinee, whether entrusted or authorized with the conduct of 
public examination or not , in conspiracy or otherwise indulges or attempts to indulge 
in unfair means or contravenes or abets to contravene any of the provisions of this Act, 
shall be punished with imprisonment for a term which shall not be less than five years 
but which may exten d to imprisonment of ten years and shall also be liable to fine 
which shall not be less than ten lakh rupees but which may extend to one crore rupees 
and in case of default of payment of fine, such person shall also be punished with 
imprisonment in accordance with the provision of the Code of Criminal Procedure, 1973: 
Provided that the Court may for any adequate and special reasons to be 
recorded in writing impose a sentence of imprisonment for a term of less than five 
years. 
(4)  If any person in an orga nized crime in conspiracy with the examination authority or 
otherwise indulges or attempts to indulge in unfair means or contravenes or abets to 
contravene any of the provisions of this Act, he shall be punished with imprisonment 
for a term which shall not  be less than seven years and may extend to ten years and 
with fine which shall not be less than one crore rupees  and in case of default of 
payment of fine, such person shall also be punished with imprisonment in accordance 
with the provision of  the Code of Criminal Procedure, 1973.  
13. An examinee who has been convicted of an offence under the provisions of this Act shall 
be debarred from any public examination for a period of two years.    
14.  In case of conviction of a person in an organized crime in conspiracy with the examination 
authority or otherwise indulges or attempts to indulge in unfair means or contravenes or 
abets to contravene any of the provisions of this Act, the court shall make an order of 
recovery of any wrongful gains made by such person, by way of attachment and sale of any 
of the assets/property, moveable, or immovable, or both, of such person by following the 
procedure laid down in the Code of Criminal Procedure, 1973.  
15. If any person of the Management or Institution or Limit ed Liability Partnership or others 
has been found guilty of the offences under this Act, the Management or Institution or 
Limited Liability Partnership or others shall be liable to pay all cost and expenditure related 
to the public examination, determined by the Court and shall be banned forever. 
16. Every person engaged in the conduct of the public examination, while acting or purporting 
to act in pursuance of the provisions of this Act or rules made thereunder, be deemed to be 
a public servant within the meaning of section 21 of the Indian Penal Code. 
Prohibition  
to assist. 
Offences  
and 
penalties. 
2 of 1974. 
2 of 1974. 
2 of 1974. 
2 of 1974. 
Debarred on 
conviction. 
Attachment 
and 
confiscation  
of property. 
Liabilities of 
Management 
etc. to pay all 
cost and 
expenditure. 
2 of 1974. 
Public servant. 
45 of 1860. 
Government Central Press, Gandhinagar.
 PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 2-5 
17. All offences specified under this Act, shall be cognizable, non -bailable and non –
compoundable. 
 
18. Any offence committed under this Act shall be investigated by the Police Officer not below 
the rank of Police Inspector but preferably by the Deputy Superintendent of Police.  
19. The provisions of this Act shall be in addition to, and not in derogation of, any other law in 
force on the subject.  
20. No suit, prosecution or other legal proceeding shall lie against the State Government or any 
person for anything which is in good faith done or intended to be done under this Act or the 
rules made thereunder for the conduct of public examination. 
21. (1)  The State Government may, by notification in the Official Gazette, make rules to carry 
out the purposes of this Act.  
(2)  All rules made under this section shall be laid for not less than thirty days before the 
State Legislature as soon as may be they are made, and shall be subject to rescission 
by the Sta te Legislature or to such modification as the State Legislature may make, 
during the session in which they are so laid or the session immediately following. 
(3)  Any rescission or modification so made by the State Legislature shall be published in 
the Official Gazette, and shall thereupon take effect. 
22. (1)  If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may, within a period of two years from the commencement of this Act, 
by an order published in the Official Gazette, make such provisions not inconsistent 
with the provisions of this Act, as may appear to it to be necessary or expedient for 
removal of difficulty. 
(2)   Every order made under this section shall be laid, as soon as may be after it is made, 
before the House of the State Legislature. 
SCHEDULE 
(See section 2(c)) 
1. The Gujarat Public Service Commission.  
2. The Gujarat High Court.  
3. The Gujarat Subordinate Services Selection Board. 
4. The Gujarat Panchayat Service Selection Board. 
5. The State Examination Board. 
6. Any other authority or agency or recruitment committee or Board engaged or 
constituted by the State Government.  
7. State Funded Universities.  
8. The Gujarat Secondary and Higher Secondary Education Board.  
9. Public Sector Undertaking owned by the State Government.  
10. Any Societies, Corporations, Local Bodies and all PSU’s owned substantially or 
partially by the State Government.    
--------------- 
 
Investigation of 
the offences. 
Application of 
other laws not 
barred. 
Protection of 
action taken in 
good faith. 
Power to  
remove 
difficulties. 
Power to 
make 
rules. 
Offences to be 
cognizable,  
non-bailable  
and non-
compoundable. 
Signed by:BHOLUSINGH G THAKUR
Date: 2023.03.17 08:26:52 +05:30
Reason: Validate Document
Location: Government Central Press,
Gandhinagar
Signature Not Verified

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