LexThe Telangana Public Examinations (Prevention of Malpractice and Unfair means) Act, 1997.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PUBLIC EXAMINATIONS (PREVENTION OF
MALPRACTICES AND UNFAIR MEANS) ACT, 1997.
(ACT NO. 25 OF 1997)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition of the use of unfair means.
4. Unauthorised possession and disclosure of question
paper.
5. Prevention of leakage by person entrusted with
examination work.
6. Prevention of manipulation of evaluation or record of
such evaluation.
7. Prevention of inducement for admission.
7A. Prevention of publication of false or misleading
information.
8. Penalty.
9. Penalty for Offence with preparation to cause hurt etc.,
10. Punishment for neglect of duties.
11. Offences by companies.
12. Forfeiture of property of certain persons.
13. Power to give directions.
14. Protection of action taken in good faith.
15. Act to override other laws.
16. Power to make rules.
17. Repeal of Ordinance.
THE TELANGANA PUBLIC EXAMINATIONS (PREVENTION
OF MALPRACTICES AND UNFAIR MEANS) ACT, 1997.1
ACT No.25 OF 1997.
1. (1) This Act may be called the 2Telangana Public
Examinations (Prevention of Malpractice and Unfair means)
Act, 1997.
(2) It extends to the whole of the State of 2Telangana.
(3) Section 12 shall come into force with immediate
effect and the remaining sections shall be deemed to have
come into force with effect from 28th April, 1997.
2. In this Act, unless the context otherwise requires,-
(a) “Examination Centre” means any institution or part
thereof or any other place fixed for the holding of a public
examination and includes the entire premises attached
thereto;
(b) “Government” means the State Government of
2Telangana;
(c) “Notification” means a notificatio n published in the
2Telangana Gazette and the word „notified‟ shall be
construed accordingly;
1. The Andhra Pradesh Public Examinations (Prevention of Malpractice s
and Unfair means) Act, 1997 received the assent of the Governor on the
19th August, 1997. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.25 of 1997]
(d) “Prescribed” means prescribed by rules made by
the Government under this Act;
(e) “Public Examination” means any examination either
qualifying or competitive conducted by the Government or
any other authority or body or any university under any law
for the time being inforce for awarding or granting any
degree, diploma, certificate or any other academic
distinction or for qualifying for admission into any course of
study or for selecting for appointment or regularisation or
promotion to any post in public service and includes any
other examination declared by the Government by
notification to be a public examination.
Explanation: For the purp oses of this clause, the
expression, „Public Service‟ means services in any office or
establishment of,-
(a) the Government;
(b) a local authority;
(c) a corporation or undertaking wholly owned or
controlled by the State Government;
(d) a body established under any law made by the
Legislature of the State whether incorporat ed or not,
including a University;
(e) any other body established by the State
Government or by a society registered under any law
relating to the registration of societies for the time being in
force, and receiving funds from the State Government either
fully or partly for its maintenance or any educational
institution whether registered or not but receiving aid from
the Government;
[Act No.25 of 1997] 3
(f) “Unfair means” in relation to an examinee appearing
in a public examination means the unauthorised help from
any person in any manner or from any material written,
recorded, printed or reproduc ed in any form whatsoever or
the unauthorised use of any telephonic, wireless or
electronic or other instrument or gadget in any manner; and
(g) all words and expressions used but not defined in
this Act shall have meanings assigned to them in the
3Telangana Education Act, 1982, or as the case may be, in
the Indian Penal Code, 1860.
3. The use of unfair means at or in of the use connection
with any public examination by any person is hereby
prohibited.
4. No person who is not lawfully authorised or permitted
by virtue of his duties so to do shall, before the time fixed for
the examinees to leave an examination centre at a public
examination,-
(a) procure or attempt to procure or possess, such
question paper or any portion or a copy thereof; or
(b) impart, or offer to impart 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.
5. No person who is entrusted with any work pertaining to
a public examination shall, except where he is permitted by
virtue of his duties so to do, directly or indirectly divulge or
cause to be divulged or make known to any other person
any information or part thereof which has come to his
knowledge by virtue of the work being so entrusted to him.
3. Adapted by G.O.Ms.No.15, Higher Education (TE) Department, dated
23.04.2015.
Prohibition of the
use of unfair
means.
Unauthorised
possession and
disclosure of
question paper.
Prevention of
leakage by
person entrusted
with examination
work.
Act 1 of 1982.
Central Act 45 of 1860.
4 [Act No.25 of 1997]
6. No person shall directly or indirectly indulge or involve
in any manipulation or attempted manipulation of the
evaluation of the performance of an examinee at a public
examination or the record of such evaluation.
Explanation:- For the purposes of this section, the
expression „record of evaluation‟ includes answer scripts,
tabulation sheets, marks registers, individual mark sheets,
result sheets, or the copies thereof or any other registers or
records maintained in this behalf.
7. No person connected with an educational instit ution or
a tutorial institution shall offer or promise any gu arantee of
performance of success at a public examination in advance
as an inducement for admission into such educational
institution or tutorial institution.
4[7A. No person connected with an educational institution or
a tutorial institution shall publish false or misleading
information relating to the success of its students in a public
examination.
Explanation:- For the purpose s of this section, an
advertisement or other mode of publicity:-
(i) c laiming that any student belongs to a particular
educational or tutorial institution to which such student was
never admitted; or
(ii) showing against a candidate any rank other than
the r ank assigned to him/her by the C onvenor of a public
examination while declaring the results of such examination,
shall be construed as false or misleading information.]
4. Inserted with marginal heading by Act No.27 of 2006.
Prevention of
manipulation of
evaluation or
record of such
evaluation.
Prevention of
inducement for
admission.
Prevention of
publication of
false or
misleading
information.
[Act No.25 of 1997] 5
8. Whoever contravenes or attempts or conspires to
contravene or abets the contravention of the provisions of
section 3 or section 4 or section 5 or section 6 or section 7
5[or section 7A] shall be punishable with imprisonment for a
term which shall not be less than three years but which may
extend upto seven years and with fine which shall not be
less than rupees five thousand, but which may extend upto
rupees one lakh.
9. Whoever commits an offence punishable under section
8 having made preparation for causing death of any person
or causing hurt to a ny person or assaulting any person or
wrongfully restraining any person or for putting any person
in fear of death or hurt or assault or wrongful restraint shall
be punishable with imprisonment for a term which shall not
be less than five years but which m ay extend upto ten years
and with fine which shall not be less than rupees ten
thousand but which may extend upto rupees one lakh.
10. Whoever being en trusted with any work or has to
perform any duty pertaining to a pu blic examination wilfully
neglects such work or duty required to be performed by him
shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend upto
three years and with fine which shall not be less than rupees
five thousand, but which may extend upto rupees one lakh.
11. (1) Where an offence against any of the provisions of
this Act or any rule made thereunder has been committed
by a company, every person, who at the time the offence
was committed was in -charge of , and was responsible to
the company for the conduct of business of the company,
as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punished accordingly:
5. Inserted by Act No.27 of 2006.
Penalty.
Penalty for
offence with
preparation to
cause hurt etc.,
Punishment for
neglect of duties.
Offences by
companies.
6 [Act No.25 of 1997]
Provided that nothing contained in this sub -section
shall render any such person liable to any punishment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything in sub -section (1) where
any such offence has been committed, by a company 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, manager, secretary or other officer
of the company, such director, manager, secretary or other
officer shall be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished
accordingly.
Explanation:- For the purpose of this section,-
(a) „Company‟ means any body corporate and includes
a firm, a society or other association of individuals; and
(b) „director‟ in relation to,-
(i) „a firm‟ means a partner in the firm;
(ii) „a Society or other association of individua ls‟
means the person who is entrusted, under the rules of the
society or other association, with management of the affairs
of the society or other association, as the case may be.
12. (1) where a person has been convicted of any offence
under this Act, the Court may, in addition to awarding any
punishment, by order in writing, declare that any property
movable or immovable or both belonging to the person,
which has been or appears to have been or believed to have
been used for or involved in or procured or acquired or
Forfeiture of
property of certain
persons.
[Act No.25 of 1997] 7
obtained by the commission of that offence, shall stand
forfeited to the Government.
(2) Where any person is accused of any offence under
this Act, it shall be open to the Court having jurisdiction to
try the case to pass an order that all or any of the properties,
movable or immovable or both, belonging to the person,
shall, during the period of and until the conclusion of such
trial, be attached, and where such tria l ends in conviction,
the properties so attached shall be liable to forfeiture to the
Government to the extent it is required for compensating the
Government of the expenditure incurred for conducting the
public examination again, in respect of which the offenc e
has been committed, cancelling such public examination
conducted earlier due to such offence and for the purpose
of realisation of any fine imposed under this Act.
13. The Government or any officer or authority specifically
empowered by the Government by order in this behalf may
give directions to any educational institution or tutorial
institution or any officer, or other person to give effect to any
of the provisions o f this Act or any rule or order made
thereunder and such directions shall be complied with.
14. No suit, prosecution or other legal proceedings shall lie
against the Government or any officer or authority of
Government or any other person for anything which is in
good faith done or intended to be done under this Act or the
rules or orders made thereunder.
15. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
any other law for the time being in force.
16. (1) The Government may by notification, make rules for
carrying out all or any of the purposes of this Act.
Power to give
directions.
Protection of
action taken in
good faith.
Act to override
other laws.
Power to make
rules.
8 [Act No.25 of 1997]
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State, if
it is in session and if it is not in session in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if, before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which t he modification or annulment is notified,
have effect only in such modified form or shall stand
annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
17. The Andhra Pradesh Public Examinations (Prevention
of Malpractices and Unfair means) Ordinance, 1997 is
hereby repealed.
* * *
Repeal of
Ordinance 7 of
1997.