The Himachal Pradesh Prevention of Malpractices at University, Board or other Specified Examinations Act, 1984

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH PREVENTION OF MALPRACTICES 
AT UNIVERSITY, BOARD OR OTHER SPECIFIED 
EXAMINATIONS ACT, 1984  
ARRANGEMENT OF SECTIONS  
Sections:  
1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Duties of paper setters and punishment for contravention.  
4.  Duties of persons entrusted with printing etc. of question 
papers and punishment for contravention.  
5.  Duties of persons entrusted with custody of question papers 
and punishment for contravention. 
6.  Prohibition of supply or publication of any question of any 
question paper before examination is held.  
7.  Prohibition of copying and impersonating at examinations.  
8.  Assault etc. on Superintendent or Invigilator.  
9.  Punishment for refusal to work for the conduct and 
declarations of results of an examination.  
10. Punishment for abetment of offences.  
11. Offences to be cognizable and non bailable.  
12. Offences to be tries summarily.  
_________ 
THE HIMACHAL PRADESH PREVENTION OF MALPRACTICES 
AT UNIVERSITY, BOARD OR OTHER SPECIFIED EXAMINATIONS 
ACT, 1984  
(ACT NO. 19 OF 1984)1 
(Received the assent of the President on the 30th July, 1984 and was 
published both in Hindi and English in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated the 18th August, 1984, pp. 1467-1474)  
An Act to provide for preventing malpractices at Examinations of any 
University or the Board or any other specified authority in the 
State of Himachal Pradesh. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Thirty-fifth Year of the Republic of India, as follows:-  
                                                 
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 
12th April, 1984, pp. 700 and 704. 
THE HIMACHAL PRADESH PREVENTION OF MALPRACTICES AT UNIVERSITY, 
BOARD OR OTHER SPECIFIED EXAMINATIONS ACT, 1984 
2 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Prevention of Malpractices at University, Board 
or other Specified Examinations Act, 1984.  
(2) It extends to the whole of the State of Himachal Pradesh.  
(3) It shall come into force at once.  
2. Definitions.- In this Act, unless the context otherwise requires,-  
(a)  "Board" means the Board of School Education for the State of 
Himachal Pradesh established under the Himachal Pradesh 
Board of School Education Act, 1968 (14 of 1968);  
(b)  "examination" means any examination held or proposed to be 
held by University or the Board and includes such other 
examination held or proposed to be held by such other 
authority as may be specified in this behalf, from time to 
time, by the State Government by notification in the Official 
Gazette; and  
(c)  "University" means any University established by law in the 
State of Himachal Pradesh.  
3. Duties of paper setters and punishment for contravention.- (1) 
Any person who is appointed as a paper setter at any examination shall not 
supply or cause to be supplied the question paper drawn by him or a copy 
thereof or communicate the contents of such paper to any person or give 
publicity thereto in any manner, except in accordance with the instructions 
given to him in writing by his appointing authority in this behalf.  
(2) Any person who contravenes the provisions of sub-section (1) 
shall, on conviction, be punished with imprisonment for a term which may 
extend to three months, or with fine which may extend to one thousand 
rupees, or with both.  
4. Duties of persons entrusted with printing etc. of question 
papers and punishment for contravention.- (1) Any person who is 
entrusted with the work of printing, cyclostyling, typing or otherwise 
producing copies of any question paper set for the purposes of any 
examination shall not supply, or cause to be supplied, a copy thereof or 
communicate the contents thereof to any person or give publicity thereto in 
any manner, except in accordance with the instruction given to him in 
writing by the authority which entrusted the work to him.  
(2) Any person who contravenes the provisions of sub-section (1) 
shall, on conviction, be punished with imprisonment for a term which may 
extend to three months, or with fine which may extend to one thousand 
rupees, or with both.  
5. Duties of persons entrusted with custody of question papers 
and punishment for contravention.-  (1) Any person who is entrusted with 
the custody, or is otherwise in possession, of any question paper set for the 
purposes of any examination shall not supply or distribute or cause to be 
THE HIMACHAL PRADESH PREVENTION OF MALPRACTICES AT UNIVERSITY, 
BOARD OR OTHER SPECIFIED EXAMINATIONS ACT, 1984 3
supplied or distributed any copy thereof or communicate the contents thereof 
to any person or give publicity thereto in any manner, except in accordance 
with the instructions given to him in writing by the authority which entrusted 
the custody or gave possession thereof to him.  
(2) Any person who contravenes the provisions of sub-section (1) 
shall, on conviction, be punished with imprisonment for a term which may 
extend to three months, or with fine which may extend to one thousand 
rupees, or with both.  
6. Prohibition of supply or publication of any question paper 
before examination is held.- Whoever has in his possession any question 
paper set of purported to be set for any examination and supplies or causes to 
be supplied or offers to supply a copy thereof, or communicates or offers to 
communicate the contents thereof, to any person, whether for any 
consideration or otherwise, or gives publicity thereto in any manner, except 
in accordance with the instructions issued in writing by an authorised officer 
of the University, Board or other authority concerned with the examination, 
at any time before the examination is held, shall on conviction, be punished 
with imprisonment for a term which may extend to three months or with fine 
which may extend to one thousand rupees, or with both.  
7. Prohibition of copying and impersonating at examinations.- 
Whoever is found in or within the periphery of 500 metres of an examination 
hall by the Invigilator or any other person appointed to supervise the conduct 
of the examination, copying answers to the question paper set at a 
examination, from any book, notes or answer paper of other candidate, or 
appearing at the examination for any other candidate or using any other 
unfair means, shall, on conviction, be punished with imprisonment for a term 
which may extend to three months, or with fine which may extend to five 
hundred rupees, or with both. 
8. Assault etc. on Superintendent or Invigilator.- (1) Every 
Superintendent and every Invigilator of an examination centre shall be 
deemed to be a public servant within the meaning of section 21 of the Indian 
Penal Code (45 of 1860) during the course of an examination or 
examinations and for a period of one month prior to the commencement of 
and of six months immediately following such examination or examinations.  
(2) An assault on, or use of criminal force to, a Superintendent or an 
Invigilator of an examination centre during the period mentioned in 
sub-section (1) shall be deemed to be an obstruction voluntarily caused to a 
public servant in the discharge of his public functions, punishable under 
section 186 of the Indian Penal Code (45 of 1860).  
9. Punishment for refusal to work for the conduct and declaration 
of results of an examination.- Whoever, being entrusted with the conduct, 
supervision, evaluation of answer sheets, tabulation or publication of results 
of an examination, or any other work connected with the examination or the 
publication of its result, refuses to discharge any function assigned to him, 
shall, on conviction, be punished with imprisonment for a term which may 
THE HIMACHAL PRADESH PREVENTION OF MALPRACTICES AT UNIVERSITY, 
BOARD OR OTHER SPECIFIED EXAMINATIONS ACT, 1984 
4 
extend to three months but shall not be less than one month, or with fine 
which may extend to five thousand rupees but shall not be less than two 
thousand rupees, or with both :  
Provided that the court may, for any special reason to be recorded in 
writing, impose a sentence of imprisonment of less than one month or a fine 
of less than two thousand rupees.  
10. Punishment for abetment of offences.- Whoever abets any 
offence punishable under this Act shall be punishable with the punishment 
provided for such an offence.  
11. Offences to be cognizable and non-bailable.- Notwithstanding 
anything contained in Code of Criminal Procedure, 1973 (2 of 1974) all 
offences under this Act shall be cognizable offences and shall be non-
bailable:  
Provided that any person who has not attained the age of 18 years, 
when arrested shall be released on bail.  
12. Offences to be tried summarily.- All offences under the Act 
shall be tried in a summary way by any Judicial Magistrate of the First Class 
and the provisions of sections 262 to 265 (both inclusive) of the Code of 
Criminal Procedure, 1973 (2 of 1974) shall, as far as may be, apply to such 
trials.  
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