The ODISHA CONDUCT OF EXAMINATIONS ACT, 1988

*THE ORISSA CONDUCT OF EXAMINATIONS
ACT, 1988
ORISSA ACT 2 OF 1988
TABLE OF CONTENTS
PREAMBLE
SECTIONS
1. Short title
2. Definitions
3. Prohibition of use of unfair means at examinations
4. Restriction on coples of question paper and offer of information
5. Prevention of leakage by person entrusted with examination work
6. Restriction of fake papers
7. Prohibition of loitering, etc. near Examination Centre, etc.
8. Refusal of duties connected with examination prohibited
9. Penalty
10. Investigation, etc.
11. Effect of other laws
SCHEDULE
* Published vide Orissa Act 2 of 1986
For Statement of Objects and Reasons see Orissa Gazette, Extraor dinary, dated the
26th February, 1988 (No. 367).
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 11th March 1988
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*THE ORISSA CONDUCT OF EXAMINATIONS
ACT, 1988
[Received the assent of the Governor on the 11th March 1988, first published
in an extraordinary issue of the Orissa Gazette, dated the 1 1th March 1988]
AN ACT TO PROVIDE FOR FINAL ACTION FOR ADOPTION OF UNFAIR
MEANS AT CERTAIN EXAMINATIONS HELD IN THE STATE AND OTHER
MATTERS CONNECTED THEREWITH
BE it enacted by the Legislature of the State of Orissa in the Thirty-ninth
Year of the Republic of India as follows:-
1.  This Act may be called the Orissa Conduct of Examinations Act, 1988.
2. In this Act, unless the context otherwise requires,-
(a) "recognized examination" means an examination specified in the
Schedule and includes evaluation, tabulation, publication of results and all other
matters connected therewith;
(b) "unfair means" is relation to any recognized examination means taking
or giving or attempting to take or give an help, other than one permissible, if any,
under the rules applicable thereto, from any material, written, recorded or printed
or relayed , or from any person, in any form whatsoever.
3.  (1) No person shall adopt or take recourse to unfair means at any
recognised examination.
(2) No person shall aid, abet or conspire in the use of unfair means at any
recognised examination.
4. No person, who is not lawfully authorised or permitted by virtue of his
duties to do so, shall, before the time fixed for distribution of copies of a question
paper to examinees at a recognized examination,-
(a) procure, attempt to procure or possess, such question paper or a
portion or a copy thereof; or
(b) impart or offer to impart information which he knows or has reason
to believe is related to or is derived from or has a bearing upon such
question paper.
5.  No person, who is entrusted with any work connected with a recognised
examination shall, except in the discharge of his duties, directly or indirectly
divulge or cause to be divulged or known to any other person any information or
part thereof which he has come in possession in the; discharge of his duties.
6.  No person shall procure, possess, distribute or otherwise publicize or
cause to be publicized any question paper as being the one or purporting to be
the one that is to be given or likely to be given at an ensuring recognised
examination.
Short title
 Definitions
 Prohibition of
use of unfair
means at
examinations.
Restriction on
copies of question
paper and offer of
information
Prevention of
leakage by person
entrusted with
examination work
Restriction of
fake papers
3
7.  No person, save in the discharge of his duties shall,-
(a) during the hours when a recognised examination is conducted at
any recognised examination centre or where any evaluation or
tabulation work relating to a recognized examination is done; and
(b) two hours preceding the commencement of such examination,
evaluation or tabulation work on any date on which such examination
is conducted or evaluation or tabulation work is done, commit or
cause to be committed any of the following acts within the premises
wherein the recognised examination is held or at any place where
evaluation or tabulation work is done or at any public or private
place within a distance of one hundred metres of such premises of
the place of evaluation or tabulation work, namely:-
(i) loitering;
(ii) distributing or otherwise publicizing any paper or other matter
relating to such examination; or
(iii)  indulging in such other activity as is likely to be prejudicial
to the conduct of such examination or is likely to affect the
secrecy thereof;
Provided that nothing contained in this section shall apply in respect of
bona fide activities of examinees appearing at the examination which is conducted
at such examination centre.
8.  No person assigned with invigilation work or superintendence of any
recognised examination at any centre or any other work connected with such
examination or evaluation, tabulation or publication of results of such examination
shall refuse, save under circumstances beyond his control, to perform the work
or duties so assigned.
9.  Whoever contravenes any of the provisions of sections 3 to 8 shall, on
conviction, be punished with imprisonment for a term which may extend to three
months or with fine which may extend to three thousand rupees but shall not be
less than five hundred rupees or with both.
10.   (1) An offence under this Act shall not be investigated by an officer
below the rank of a Sub-Inspector of Police.
(2) All offences under this Act shall be cognizable and non-baliable.
11.  (1) Subject to the provisions of sub-section (2), the provisions of this
Act shall have effect notwithstanding anything inconsistent therewith contained
any enactment other than this Act.
(2) Where any act or omission constitutes an offence punishable under
this Act and also under any other Act, the offender found guilty of such offence
shall be liable to be punished under the other Act and not under this Act.
Prohibition of loitering,
etc. near examination
centre, etc
Refusal of duties
connected with
examination
prohibited
Penalty
Investigation
etc
Effect of other
laws.
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SCHEDULE
[See Section 2(a)]
1. Examination conducted by or under the authority of any University
established by an Act of the State Legislature.
2. Examination conducted by or under the authority of the Board of
Secondary Education, Orissa.
3. Examination conducted by or under the authority of the State Council of
Higher Secondary Education, Orissa.
4. Examination conducted by or under the authority of the Council of Higher
Secondary Education, Orissa.
5. Such other examinations as may be specified by the State Government
by notification in the Official Gazette.

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