The Maharashtra Prevention of Malpractices at University, Board and other specified Examinations Act, 1982
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1982 : Mah. XXXI] 1
THE MAHARASHTRA PREVENTION OF MALPRACTICES AT
UNIVERSITY, BOARD AND OTHER SPECIFIED
EXAMINATIONS ACT, 1982
[Text as on 18th April 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title 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 paper before examination is held.
7. Prohibition of copying and impersonating at examinations.
8. Punishment for abetment for offences.
9. Offences to be cognizable and non-bailable.
10. Offences to be tried summarily.
11. Repeal of Mah. Ord. IV of 1982 and saving.
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Examination Act, 1982
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University, Board and other Specified
Examination Act, 1982
LIST OF AMENDMENT ACTS
1. Amended by Mah. 22 of 1991
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University, Board and other Specified
Examination Act, 1982
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University, Board and other Specified
Examination Act, 1982
THE MAHARASHTRA ACT No. XXXI OF 19821
[THE MAHARASHTRA PREVENTION OF MALPRACTICES AT UNIVERSITY, BOARD
AND OTHER SPECIFIED EXAMINATIONS ACT, 1982.]
[This Act received assent of the President on the 11th October 1982; assent was first
published in the Maharashtra Government Gazette, Part IV, Extraordinary,
on the 14th October 1982.]
An Act to provide for preventing malpractices at University, Board
and other specified examinations.
WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Mahara shtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to have a special law in this State to provide for
preventing malpractices at examinations held or proposed to be held by any University or the Boar d or
any other authority specified by the State Government in this behalf, including leakages of question
papers or copying at such examinations, and for matters connected therewith, and, therefore,
promulgated the Maharashtra Prevention of Malpractices at University, Board or other specified
Examinations Ordinance, 1982 (Mah. Ord. IV of 1982) on the 25th May 1982;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Thirty-third Year of the Republic of India as follows :β
1. Short title and commencement.β (1) This Act may be called the Maharashtra Prevention of
Malpractices at University, Board and other specified Examinations Act, 1982.
(2) It shall be deemed to have come into force on the 25th May 1982.
2. Definitions.β In this Act, unless the context otherwise requires,β
(a) βBoardβ means the Maharashtra State Board of Secondary and Higher Secondary
Education established under the Maharashtra Secondary and Higher Secondary Education Boards
Act, 1965 (Mah. XLI of 1965) or any of its Divisional Boards;
(b) βExaminationβ means any examination held or proposed to be held by any 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;
(c) βUniversityβ means any University established by law in the State of Maharashtra.
3. Duties of paper setters and punishment for contravention.β (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 t o 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 one year, or with fine which may extend
to one thousand rupees, or with both.
4. Duties of persons entrusted with printing, etc. of question p apers and punishment for
contravention.β (1) Any person who is entrusted with the work of pr inting, cyclostyling, typing or
otherwise producing copies of any question paper se t for the purposes of any exami nation shall not
supply or cause to be supplied a copy thereof or communicate the contents thereof to any person or
1 For S tatement of Objects and Reasons of the L. A. Bill No. XXII of 1982 , see Maharashtra Government Gazette ,
Extraordinary, Part V, dated 14th October 1982, at page 282.
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give publicity thereto in any manner, except in accordance with the instructions 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 ter m which may extend to one year, 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.β (1) Any person who is entrusted with the custody, or i s otherwise in possession, of
any question paper set up for the purposes of any examination shall not supply or distribute or cause to
be supplied or distributed any copy thereof or communicate the contents thereof to any person or give
publicity thereto in any manner, except in accor dance 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 one year, 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. β
Whoever has in his possession any question paper set or 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 otherwis e, 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 one year, or with fine which may extend to one thousand rupees, or with both.
7. Prohibition of copying and impersonating at examinations.β Whoever is found in or near
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 the examination, from any book, notes or
answer papers of other candidates, 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 six months, or with fine which may extend to five hundred rupees, or with both.
8. Punishment for abetment 1[of] offences.β Whoever abets any offence punishable under this
Act shall be punishable with the punishment provided for the offence.
9. Offences to be cognizable and non -bailable.β Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (II of 1974), all offences under this Act shall be cognizable offences
and shall be non-bailable.
10. Offences to be tried summarily. β Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (II of 1974), all offences under this Act shall be tried in a summary way by
any Metrop olitan Magis trate or any Judicial Magistrate of the First Class and the provisions of
Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:
Provided that in the case of conviction for any offence in a summary trial under this section, it
shall be lawful for the Magistrate to pass sentence of imprisonment for any term for which such
offence is punishable under this Act.
11. Repeal o f Mah. Ord. IV of 1982 and saving. β (1) The Maharashtra Prevention of
Malpractices at University, Board and other specified Examinations Ordinance, 1982 (Mah. Ord. IV of
1982), is hereby repealed.
1 This word was substituted for the word βorβ by Mah. 22 of 1991, Second Schedule.
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University, Board and other Specified
Examination Act, 1982
(2) Notwithstanding such repeal, anything done or any acti on taken (including any notification
issued) under the said Ordinance shall be deemed to have been done, taken or issued, as the case may
be, under the corresponding provisions of this Act.
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