LexThe Haryana Public Examination (Prevention of Unfair Means) Act, 2021 (25 of 2021)
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Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
150-2021/Ext.] CHANDIGARH, FRIDAY, SEPTEMBER 10, 2021
( BHADRA 19, 1943 SAKA ½
LEGISLATIVE SUPPLEMENT
CONTENTS
PART-I ACTS PAGES
1. THE HARYANA PUBLIC EXAMINATION (PREVENTION OF 217 &219
UNFAIR MEANS) ACT, 2021 (HARYANA ACT NO. 25 OF 2021).
2. THE HARYANA MANAGEMENT OF CIVIC AMENITIES AND 221 &222
INFRASTRUCTURE DEFICIENT MUNICIPAL AREAS
(SPECIAL PROVISIONS) AMENDMENT ACT, 2021
(HARYANA ACT NO. 24 OF 2021).
PART-II ORDINANCES
N I L
PART-III DELEGATED LEGISLATION
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PARTI-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
N I L
(lxxi)
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA) 217
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 10th September, 2021
No. Leg. 25/2021.— The following Act of the Legislature of the State of Haryana r eceived
the assent of the Governor of Haryana on the 4th September, 202 1 and is hereby published for
general information:-
HARYANA ACT NO. 25 OF 2021
THE HARYANA PUBLIC EXAMINATION (PREVENTION OF UNFAIR MEANS)
ACT, 2021
AN
ACT
to prevent unfair means and leakage of question paper in public examination
and to provide for matters connected therewith or incidental thereto.
B E it enacted by the Legislature of the State of Haryana in the S eventy-second Year of the
Republic of India as follows:—
1. (1) This Act may be called the Haryana Public Examination (Pre vention of Unfair
Means) Act, 2021.
(2) It shall come into force on such date, as the State Govern ment may, by notification in
the Official Gazette, appoint.
Short title and
commencement.
2. (1) In this Act, unless the context otherwise requires, —
(a) “conduct of public examination” means and includes preparat ion, printing,
supervision, coding, processing, distribution of question paper s, evaluation,
declaration of result, etc.;
(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 public examination;
(c) “examination authority” incl udes the Haryana Public Service C o m m i s s i o n ,
Haryana Staff Selection Commission or any other authority or ag ency or
recruitment committee engaged or constituted by the State Gover nment,
Haryana Public Service Commission, Haryana Staff Selection Commission or
University, from time to time for conducting public examination;
(d) “examination center” means such premises, as specified by t he examination
authority to conduct public examination;
(e) “inspection team” means persons authorised by the examinati on authority to
inspect any examination center;
(f) “public examination” means examination for the purpose of r ecruitment to
any post under the State Government including autonomous bodies ,
authorities, boards or corporations;
(g) “State Government” means the Government of the State of Har yana in the
administrative department;
(h) “supervisory staff” includes persons authorised by the exam ination authority
to conduct public examination;
Definitions.
218 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19 , 1943 SAKA)
(i) “unfair means” includes,-
(i) in relation to an examinee, to take unauthorised help in pu blic
examination from any person directly or indirectly or from any
material written, recorded, copied or printed, in any form what soever,
or use of any unauthorised elect ronic or mechanical instrument or
gadget; and
(ii) in relation to any person other than the examinee, to impe rsonate or
leak or attempt to leak or conspire to leak or procure or attem pt to
procure or possess or attempt to possess question paper
unauthorisedly, solve or attempt to solve or seek assistance to solve
question paper or unauthorisedly directly or indirectly assist the
examinee in any manner whatsoev er, in the public examination fo r
wrongful gains.
(2) Words and expressions used herein and not defined but defi ned in the Indian Penal
Code, 1860 (Central Act 45 of 1860) shall have the meanings respectively assigned to them in that
Code.
Prohibition of use
or indulgence in
unfair means.
3. No person shall use or indulge in unfair means in any public e xamination or the conduct of
public examination.
Possession and
disclosure of
question paper.
4. No person authorized by virtue of his duties in conduct of pub lic examination shall before
the time fixed for opening and distribution of question papers-
(a) open, leak or procure or attempt to procure, possess or sol ve such question paper or
any portion or a copy thereof; or
(b) give any information or promise to give such information to any person or
examinee, for which he has knowle dge or reason to believe that such information is
related to or in reference to such question paper.
Prohibition to give
information.
5. No person who is entrusted with the work pertaining to public examination or conduct of
public examination, except where he is permitted so by virtue o f his duties, shall by indulging in
unfair means, directly or indirectly, give or attempt to give a ny information or part thereof, which
has come to his knowledge by virtue of the work entrusted to him.
Prohibition to enter
examination center.
6. No person who is not entrusted with any works pertaining to pu blic examination or who is
not an examinee, shall during the continuance of public examination, enter an examination center.
Prohibition to assist. 7. The management or the staff of an institution specified for co nduct of public examination
or entrusted with the work pertaining to public examination sha ll not assist any examinee or
indulge in unfair means.
Penalties. 8. (1) If any examinee contravenes or attempts or abets to contr avene any of the
provisions of this Act, he shall be liable to be punished with imprisonment for a term which may
extend upto two years and with fine which may extend upto five thousand rupees.
(2) If any person obstructs or threatens any member of the ins pection team, supervisory
staff, examination authority, officer or person appointed by th e examination authority for
performing duty or from entering any examination center, he sha ll be liable to be punished with
imprisonment for a term which may extend upto two years and wit h fine which may extend upto
five thousand rupees.
(3) If any person entrusted with the duty to conduct public ex amination, contravenes or
attempts or abets to contravene any of the provisions of this A ct, he shall be liable to be punished
with imprisonment for a term which may extend upto seven years and with fine which shall not be
less than one lakh rupees and more than three lakh rupees.
(4) If any person in an organized crime in conspiracy with the examination authority or
otherwise indulges or attempts to indulge in unfair means or co ntravenes or abets to contravene
any of the provisions of this Act, he shall be liable to be pun ished with imprisonment for a term
which shall not be less than sev en years and may extend upto te n years and with fine which shall
not be less than ten lakh rupees.
HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA) 219
Explanation.— For the purposes of this sub-section, “organized crime” means a
person or a group of persons indulging in unfair means to pursu e o r p r o m o t e a s h a r e d
interest for wrongful gains.
9. An examinee who has been convicted of an offence under the pr ovision of this Act shall be
debarred from taking any public examination for a period of two years.
Debar on
conviction.
10. In case of conviction of person under sub-section (4) of secti on 8 of this Act, the court shall
make an order of recovery of any wrongful gains made by such pe rson, by way of attachment and
sale of any of the assets/property, moveable, or immovable, or both, of such person by following
the procedure as laid down in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Attachment of
property.
11. Every person engaged in the conduct of public examination shal l be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Public servant.
12. The State Government may, from time to time, issue directions or order in writing, for
giving effect to the provisions of this Act.
Power to issue
directions or order.
13. 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 wit h the provisions of this Act, as may
appear to it to be necessary or expedient for removal of difficulty.
Power to remove
difficulties.
14. (1) The State Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) Every rule made under this Act shall, as soon as possible, after it is made or issued,
be laid before the State Legislature.
Power to make
rules.
15. The provisions of this Act shall be in addition to and not in derogation of any other law in
force on the subject.
Application of
other laws not
barred.
_________
BIMLESH TANWAR,
ADMINISTRATIVE SECRETARY TO GOVERNMENT,
HARYANA, LAW AND LEGISLATIVE DEPARTMENT.
9318—L.R.—H.G.P., Pkl.