LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The UTTAR PRADESH PUBLIC EXAMINATION (PREVENTION OF UNFAIR MEANS) ACT, 2024

Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act
 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024 11 
No. 338 (2)/LXXIX-V-1–2024-1-(ka)-9-2024
Dated Lucknow, August 6, 2024
                                                                                                                                                                                                                                                    
IN pursuance of the provisions of clause (3) of Article 348 of the  Constitution of India,  the 
Governor is pleased to order the publication of the following E nglish translation of the Uttar Pradesh 
Sarvajanik Pariksha (Anuchit Sadhano Ka Nivaran) Adhiniyam, 2024(Uttar Pradesh Adhiniyam Sankhya 
8 of 2024) as passed by the Uttar Pradesh Legislature and assented to by the Governor on August 6, 2024.
The Grih (Police) Anubhag-9 is administratively concerned with the said Adhiniyam.
THE UTTAR PRADESH PUBLIC EXAMINATION (PREVENTION OF 
UNFAIR MEANS) ACT, 2024
(U.P. Act no. 8 of 2024)
[As passed by the Uttar Pradesh Legislature]
AN
ACT
to prevent unfair means, leakage of paper in public examination, proscribe 
solver gang and to provide for matters connected therewith and incidental thereto.
IT IS HEREBY e n a c t e d  i n  t h e  S e v e n t y  F i f t h  Y e a r  o f  t h e  R e p u b l i c  o f  I n d i a  a s  
follows:-
1. (1) This Act may be called the Uttar Pradesh Public Examination(Prevention 
of Unfair Means) Act, 2024 .
(2) It extends to the whole of Uttar Pradesh.
(3) It shall be deem ed to have com e into force w ith eff ect f rom 15th day o f 
July, 2024.
Short title, 
extent and 
commencement
2. (1) In this Act, unless the context otherwise requires, —
(a) " conduct of public examination" includes preparation, codi ng, 
de coding, printing, collecting, safe custody and distribution of question paper, 
supervision of public examination, evaluation of answer sheet, declaration of result 
and other matters connected therewith;
(b) "examinee" means a person who has been granted permission 
by examination authority to appear in a public examination and includes a person 
authorised to act as scribe on his behalf in public examination;
(c) "examination authority" in relation to public examination includes ,—
(i) Uttar Pradesh Public Service Commission ;
(ii) Uttar Pradesh Subordinate Services Selection Commission ;
(iii) Board, University, Authority or Body under any law for th e 
time being in force ;
(iv) any agency or recruitment committee engaged or constituted  
by the aforesaid Commission, Board, University, Authority or Body ; and 
(v) any other authority, agency or recruitment committee 
constituted, declared or engaged by the State Government from ti me to 
time for conducting public examination.
(d) "examination centre" means premises specified by 
examination authority to conduct public examination;
(e) "inspection team" means persons authorized by the 
examination authority to inspect any examination centre and submit report thereof 
to examination authority;
(f) "person associated with examination authority" means a pers on who 
performs services for or on behalf of examination authority irr espective of whether 
such persons is an employee or an agent or associated with it i n any manner 
whatsoever;
Definition
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
12 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024  
(g) "public examination" includes ,—
(i) any examination either qualifying or competitive for recrui tment 
or regularization or promotion to any post in public service condu cted by 
examination authority ;
(ii) any examination conducted by board, university or body und er 
any law for the time being in force either qualifying or compet itive for 
awarding or granting any degree, diploma, certificate or any 
other academic distinction or for qualifying for admission into any course 
of study ; and
(iii) any other examination declared by the State Government 
by notification to be a public examination.
(h) "public service" means services in any office or establishments of, —
(a) the State 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 for the time being in forc ei n  
Uttar Pradesh, whether incorporated or not, including a University ; and 
(e) any other body established by the State Government or a society 
r e g i s t e r e d  u n d e r  l a w  r e l a t i n g  t o  t h e  r e g i s t r a t i o n  o f  s o c i e t i e s  for the time 
being in force, and receiving fun ds from the State Government e ither fully 
or partly for its maintenance, or any educational institution, whether 
registered or not, but receiving aid from the State Government.
(i) "solver gang" means person or group of persons who 
individually or collectively in one or more public examinations, —
(i) impersonate himself to be genuine examinee in public 
examination and appear or attempt to appear in such public exam ination 
as genuine examinee; or
( i i )  a c q u i r e  a n y  q u e s t i o n  p a p e r  o r  a  p a r t  o f  i t  o r  a  c o p y  o f  i t, 
relating to public examination either physically or by any othe r means 
before or during conduct of such public examination , —
(a) to solve or attempt to solve or provide assistance to solve  
such question paper for providing wrongful gain or assistance to  
one or more examinees of such public examination ; or
(b) for providing wrongful gain or assistance to one or 
more examinees of such public examination directly or indirectly in 
any manner whatsoever which includes means of communication or 
other modern technology ; or
(iii) involve in any manner whatsoever for providing wrongful 
gain to examinee.
(j) "supervisory staff” includes persons authorised by 
examination authority to conduct public examination;
(k) "unfair means" ,—
(i) in relation to an examinee while answering questions in a public 
examination includes ,—
(a) to take unauthorised help from any person directly 
or indirectly, or from any material written, recorded, copied, printed 
or re-produced in any form whatsoever, or the use of any 
unauthorised telephonic, wireless, electronic, mechanical or oth er 
instrument or gadget of whatsoever nature ; or
(b) any mark or impression intentionally inscribed on any 
part of the body or apparel of the examinee, or furniture, fixture or 
fitment in examination hall which can be used as an aid during 
public examination.
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024 13 
(ii) in relation to any person other than examinee includes ,—
(a) to impersonate or leak or attempt to leak or conspire to 
leak or procure or attempt to procure or possess or attempt to 
possess question papers unauthorizedly ; or
(b) to solve or attempt to solve or provide assistance to solve  
question paper, or directly or indirectly assist any examinee i n any 
manner whatsoever, in any public examination for wrongful gains to 
the examinee ;
(c) to tamper with computer network or computer resource 
or a computer system in the public examination for wrongful gain to 
examinee.
Explanation- For the purposes of sub- clause (c), w ords 
"computer network," "computer resource" and "computer 
system" shall have same meanings as respectively assigned to 
them in clauses (j), (k) and (l) of sub-section (1) of section 2  of 
the Information Technology Act, 2000 (Act no. 21 of 2000); 
(iii) creation of fake website to cheat or for monetary gain ;
(iv) conduct of fake examination, issuance of fake admit cards or 
offer letters to cheat or for monetary gain ;
(v) circulating fake question paper as genuine question paper 
before the examination with the intention of gaining unfair mon etary gain 
and material benefits. 
(2) Words and expressions used herein and not defined but defin ed under any 
other law for the time being in force shall have the same meani ng as respectively 
assigned to them in those laws.
3. (1) Notwithstanding anything contained in this Act provisions relating to 
sanction or penalty under this Act shall not apply to those examinee who are appearing in 
any public examination for acquiring academic, technical, profes sional or other 
qualification:
     Provided that if such examinee is found to use or in indul gence of unfair means 
in answering any paper in public examination, answer sheet of c oncerned paper of such 
examination shall not be evaluated and result of examination of  such examinee shall be 
declared in the manner prescribed by examination authority.
(2) The provisions of this Act shall not apply to the " public e xamination"
conducted by " public examination authority" as they are respec tively defined in clauses 
(k) and (l) of sub-section (1) of section 2 of the Public Exami nations (Prevention of 
Unfair Means) Act, 2024 ( Act no . 1 of 2024).
Exclusion
4. (1) Use or indulgence of unfair means in or in connection with  a n y  p u b l i c  
examination or the conduct of public examination shall be prohibited.
(2) Violation of provisions of sub-section (1) by examinee shal l be enquired 
in the manner prescribed by the examination authority concerned :
Provided that examinee shall be given opportunity of being hear d in such 
enquiry.
(3) The examination authority concerned shall specify the sanct ioning authority 
in the manner prescribed for imposing sanctions as envisaged in sub-section (1) o f 
section 13 .
Prohibition of use or 
indulgence in unfair 
means
5. No person lawfully authorised or permitted by virtue of his duties in conduct 
of public examination , shall before the time fixed for opening and distribution of 
question paper to examinee at a examination centre ,—
(a) open, leak, procure or attempt to procure, possess or solve  question paper 
or any portion or copy thereof; or
Possession and 
disclosure of question 
paper
 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
14 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024  
(b) give any information or promise to give information to any person or 
examinee, for which he has knowledge or reason to believe that such information is 
related to or derived from or have a bearing upon such question paper.
Prohibition to give 
information
6. 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 of his 
duties, shall by indulging in unfair means directly or indirectly give or attempt to give 
any information or part thereof which has come to his knowledge  by virtue of the work 
entrusted to him, to any person for providing wrongful gains to examinee.
Prohibition to enter 
examination centre
7. No person , who is not entrusted with any work pertaining to p ublic 
examination and who is not an examinee , shall during the contin uance of public 
examination enter or attempt to enter into examination centre o r having entered into such 
centre remain there to provide any help or assistance to an exa minee in using unfair 
means in the public examination.
Prohibition to assist 8. The following shall, individually or collectively with more t han one or all o f 
the following, be prohibited to assist or attempt to assist any examinee in use of or 
indulgence in unfair means in public examination :-
(i) officer or employee of examination authority ;
(ii) management or staff of the institution specified for condu ct of 
public examination or entrusted with the works pertaining to public examination;
and
(iii) solver gang.
Prohibition to 
influence public 
examination
9. No person , whether individually or collectively or in collusi on with solver 
gang, shall influence or attempt to influence any public examina tion, by threat, 
inducement, allurement, obstruction or use of force to any memb er of inspection team, 
supervisory staff, officer or person appointed, entrusted, enga ged, associated by 
examination authority for conduct of public examination, from p erforming lawful duty or 
from entering into any examination centre.
No place other than 
examination centre 
shall be used for 
public examination
10. No person shall use or cause to be used any place, other than the examination 
centre, for the purposes of holding of public examination.
Prohibition against 
Solver Gang
11. Without prejudice to the provisions of sections 9 and 10 solver gang shall be 
prohibited to , —
(i) enter into examination centre during or one day prior to 
public examination ;
(ii) possess, procure or attempt to procure, open or leak quest ion 
paper or its part or copy thereof before concerned public examination ;
(iii) solve or attempt to solve question paper or any part ther eof 
during or before concerned public examination for providing wrongful gain 
to examinee ;
( i v )  i n f l u e n c e  o r  a t t e m p t  t o  i n f l u e n c e  a n y  p u b l i c  e x a m i n a t i o n  by 
threat, inducement, allurement, obstruction or use of force to any memb er 
of inspection team, supervisory staff, officer or person appoint ed, 
entrusted, engaged or associated by examination authority for co nduct of 
public examination, from performing lawful duty or from entering  
any examination centre ;
(v) get or attempt to get by force, inducement or allurement 
any information from any person lawfully authorised or entrusted  w i t h  
the work pertaining to public examination or conduct of public 
examination, for providing wrongful gain to examinee ;
(vi) act, attempt or abet to involve or indulge in unfair means  t o 
provide wrongful gains to examinee ; and
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024 15 
(vii) give any information or promise to give information to an y 
person or examinee, for which he has knowledge or reason to beli eve that 
such information is related or derived from or has a bearing upo n 
question paper of public examination, for providing wrongful gai ns to 
examinee.
12. No person shall directly or indirectly indulge in or be invol ved in any 
manipulation of or attempt to manipulate evaluation of performance of any examinee at a 
public examination or the record of evaluation thereof where such record is maintained in 
any manner whatsoever .
Explanation- For the purposes of this section, the expression " record 
of evaluation " includes answer script, tabulation sheet, marks register, 
individual marks sheet, result sheet, or copy thereof or any oth er register or 
record maintained in this behalf in any manner whatsoever.
Prevention of 
manipulation in 
evaluation
13. (1) Where any examinee contravenes, or attempts or abets to contravene the 
provisions of sub-section (1) of section 4 , his result of conce rned public examination 
shall be withheld and he may be debarred from appearing any publ ic examination for a 
period of one calendar year subsequent to calendar year in which  his result is withheld 
for contravention of provision of sub-section (1) of section 4: 
    Provided that such order of debar shall not disqualify him to appear in 
any public examination or public service after the period of debar. 
(2) Where any person other than examinee as mentioned in sub - clause (ii) of
clause (k) of sub-section (1) of section 2 contravenes the prov isions of sub-section (1) 
of section 4 , he shall be punished with imprisonment of not les s  t h a n  t w o  y e a r s  b u t  
which may extend to ten years and with fine.
(3) Where any person contravenes the provisions of sections 5, 6, 7, 10 or 12 , 
he shall be liable to be punished with imprisonment of not less than two years but which 
may extend to ten years and a fine of rupees two lakh which may extend upto rupees 
five lakh.
Penalty
(4) Where any person contravenes the provisions of sections 8 or 9 , he shall be 
liable to be punished with imprisonment of not less than three y e a r s  b u t  w h i c h  m a y  
extend to ten years and a fine of rupees three lakh which may e xtend upto rupees ten 
lakh.
(5) Where a solver gang contravenes the provisions of sections 8, 9 or 11 , he 
shall be liable to be punished with imprisonment of not less than seven years but which 
may extend to fourteen years and fine of rupees ten lakh which may extend upto rupees 
twenty - five lakh : 
Provided that if a solver gang repeats such offence, he shall b e liable to be 
punished with a sentence of imprisonment for life and a minimum  f i n e  of  f i f t y  l a k h s  
which may extend up to one crore rupees. 
(6) Where any person, whether in connivance with solver gang or not, for 
monetary or wrongful gains, by causing threat to life or wrongfu l restraint of a person 
associated with the examination authority obstructs or influenc es the fair conduct of 
public examination he shall be liable for punishment of imprison ment for life and 
minimum fine of rupees fifty lakhs which may extend up to one crore. 
1 4 .  W h o e v e r  ,  b e i n g  e n t r u s t e d  w i t h  a n y w o r k  o r  p e r f o r m a n c e  o f  a ny duty 
pertaining to a public examination, wilfully neglects any work or duty which is required 
to be performed by him and which may result in the question pap er being leaked before 
the public examination or the conduct of the public examination to be prejudiced, shall 
be punishable with imprisonment for a term which shall not be le ss than two years but 
which may extend upto seven years and with fine.
Punishment for 
neglect of duties
 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
16 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024  
Offences by 
companies
15. (1) Where an offence against any of the provisions of this A ct or any rule 
made thereunder has been committed by a company, every person, w ho at the time the 
offence was committed was in charge of, and was responsible to t he company for the 
conduct of business of the company, as well as the company, shal l be deemed to be 
guilty of the offence and shall be liable to be proceeded again s t  a n d  p u n i s h e d
accordingly:
Provided that nothing contained in this sub-section shall rende r any such 
person liable to any punishment if he proves that the offence w as committed without his 
knowledge or that he had exercised all due diligence to prevent the commission of such 
offence.
(2) Notwithstanding anything contained in sub-section (1) where  a n y  
such offence has been committed by a company and it is proved th at the of f ence has 
been committed with the consent or connivance of, or is attribu table to any neglect on 
the part of any Director, Manager, Secretary or other officer o f the company, such 
Director, Manager, Secretary or other officer shall be deemed to  b e  g u i l t y  o f  t h a t  
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 s ociety 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 individuals” means the person who 
is entrusted, under the rules of the society or other associatio n, with 
management of the affairs of the society or other association, as the case may 
be.
Attachment and 
confiscation of 
property
16. (1) No person operating as a member of solver gang, singular ly or in group, 
who is accused of an offence under sections 8, 9 and 11 of this Act shall hold or be 
in possession of any property which is acquired by committing an  offence under 
aforesaid sections.
( 2 )  I f  t h e  D i s t r i c t  M a g i s t r a t e  h a s  r e a s o n  t o  b e l i e v e  t h a t  t h e  property, 
whether movable or immovable, in possession of any person has be en acquired as a 
result of the commission of an offence as mentioned in sub-sect ion (1), he may order 
attachment of such property, whether or not cognizance of such offence has been taken 
by the Court.
(3) The procedure provided for attachment in the Bharatiya Naga rik Suraksha 
Sanhita, 2023 (Act no. 46 of 2023) shall apply to every such attachment.
(4) The District Magistrate may appoint an Administrator of any  
property attached under sub-section (2) and the Administrator shall have all the powers 
to administer such property in the best interest thereof.
(5) The District Magistrate may provide police help to the Admi nistrator 
for proper and effective administration of such property.
(6) Where any property is attached under sub-section (2), the c laimant 
thereof may, within three months from the date of knowledge of such attachment, make 
a representation to the District Magistrate showing the circums tances in and the sources 
by which such property was acquired by him.
(7) If the District Magistrate is satisfied about the genuinene ss of the claim made 
under sub- section (6), he shall forthwith release the property from attac hment and 
thereupon such property shall be delivered to the claimant.
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024 17 
(8) Where no representation is made within the period specified  i n  s u b -
section (6) or the property is not released by District Magistra te under sub-section (7), 
the District Magistrate shall refer the matter with his report to the Court competent to 
try an offence under the Act .
(9) Where the District Magistrate has refused to attach any pro perty under sub -
section (2) or has ordered for release of any property under su b-section (7), the State 
Government or any person aggrieved by such refusal or release may make an 
a ppl i c a t i on  t o t h e  c om pet e n t C ou r t  a s r e f e r r e d un de r  s u b- se c t i on (8) for inquiry as to 
whether the property was acquired by or as a result of the commission of an offence by 
a member of solver gang, singularly or in group, who is accused of an offence under 
sections 8, 9 and 11 of this Act. The Court may, if it considers  it necessary or 
expedient in the interest of justice so to do, pass an order co nfirming or setting aside the 
order of the District Magistrate.
(10) On the receipt of reference under sub- section (8) or an application 
under sub-section (9), the Court competent to try an offence under this Act shall fix a 
date for inquiry and give notice thereof to the person making t he application under sub-
section (9) or, as the case may be, to the person making the rep resentation under sub-
section (6) and to the State Government, and also to any other person whose interest 
appears to be involved in the case.
(11) On the date so fixed or any subsequent date to which the i nquiry may 
be adjourned, the Court shall hear the parties, receive evidence produced by them, take 
such further evidence as it considers necessary, and decide whe ther the property was 
acquired as a result of the commission of an offence under secti ons 8, 9 and 11 of this 
Act by a solver gang and pass such order as may be just and neces sary in the 
circumstances of the case.
(12) In any proceedings under this section, the burden of provi ng that 
the property in question or any part thereof was not acquired by a person as the result of 
the commission of an offence under sections 8, 9 and 11 of this Act by a solver gang, 
shall be on the person claiming the property.
(13) If upon such inquiry, the Court finds that the property was not acquired by a 
solver gang as a result of the commission of any offence under sections 8, 9 and 11 of 
this Act, it shall order for release of the property in favor o f the person from whose 
possession it was attached. 
(14) Where the accused is convicted of any of the offence under  sections 8, 9 
and 11 of this Act, the Court, in addition to awarding any sent ence, by order in writing, 
declare that any property belonging to such accused shall be deemed to vest in the State 
free from all encumbrances.
Explanation:- For the purpose of this section “property” means all property,  
whether movable or immovable, derived or obtained from the commi ssion of an 
offence under sections 8, 9 and 11 of this Act by a solver gang or property which has 
been acquired by means of funds relating to crime and shall also include cash, 
irrespective of the person in whose name such property stands o r in whose possession it 
is found.
17. (1) The offences punishable under this Act shall be cognizable, non-bailable 
and non-compoundable and exclusively triable by Court of Sessions.
(2) The offences under this Act shall be investigated by a police officer 
not below  the rank of the Deputy Superintendent of Police or Assistant Commissioner 
of Police.
Cognizance and 
Trial 
 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
18 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024  
Provisions regarding 
bail
18. No person accused of an offence under sub-section (5) of section 13 of this 
Act shall be released on bail unless,—
(i) the Public Prosecutor has been given an opportunity to oppo se the 
bail application for such release; and
(ii) where the Public Prosecutor opposes the bail application, the Court 
of Sessions is satisfied that there are reasonable grounds for believing that he is 
not guilty of such offence and that he is not likely to commit any offence while 
on bail:
    Provided that a person accused of an offence under this Act w ho is a 
woman, sick or infirm, may be released on bail if the Court of Sessions so directs.
Liability of 
Management etc. to 
pay all costs and 
expenses
19. (1) If any person, institution, printing press, service prov ider contracted or 
ordered for ,—
(i) examination; or
(ii) management for conducting examination; or
(iii) authorized to keep or transport the examination material, is found guilty 
of an offence under this Act , they shall be liable to pay costs and expenses as 
determined by the competent Court and shall be barred forever f or such assignment 
in future.
(2) If question papers are solved or assistance is provided in any way by mass 
copying in the examination centre , then the said centre shall be debarred from 
conducting any public examination. 
Public Servant 20. Every person engaged in the conduct of public examination shall be deemed 
to be a public servant within the meaning of clause (28) of sect ion 2 of the Bharatiya 
Nyaya Sanhita, 2023 (Act no. 45 of 2023).
Power to issue 
directions or order
21. The State Government may, from time to time, issue direction s  or  or de r  i n 
writing, for giving effect to the provisions of this Act.
Protection of action 
taken in good faith
22. No suit, prosecution or other legal proceeding shall lie agai nst the State 
Government or any person in public service involved in public e xamination which is in 
good faith done or intended to be done under this Act or the rules made thereunder.
Appeal 23. The provisions of Chapter XXXI of the Bharatiya Nagarik Suraksha Sanhita, 
2023 (Act no. 46 of 2023) shall, mutatis mutandis , apply to an appeal against 
any judgment or order passed by a competent Court under the provisions of this Act:
Power to make rules 24. (1) The State Government may, by notification in the Gazette, make rules 
not inconsistent with the provisions of this Act, for carrying o u t  t h e  p u r p o s e s  o f  t h i s  
Act.
(2) In particular, and without prejudice to the generality of t he foregoing power, 
such rules may provide for all or any of the following matters, namely:-
(a) declaration of result of examinee found to use or in indulge nce of unfair 
means under section 3; 
(b) enquiry of examinee under sub-section (2) of section 4;
(c) manner of specifying sanctioning authority under sub-section (3) of section 4; 
and
(d) any matter which is to be or may be prescribed or in respec t of which 
provision is to be made by rules under this Act.
 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024 19 
25. The provisions of this Act shall have effect notwithstanding a nything 
inconsistent therewith contained in any other law of the State o f Uttar Pradesh for the 
time being in force.
Overriding effect
26. (1) If any difficulty arises in giving effect to the provisi ons of this A ct, the 
State Government may, within a period of two years from the date of commencement o f 
this Act, by an order published in the Gazette, make such provisions not inconsistent 
with the provisions of this Act, as may appear to it to be neces sary or expedient for 
removal of such difficulty.
(2) Every order made under sub-section (1) shall be laid , as s oon as may 
be, before both the Houses of State Legislature and the provisio ns of sub-section (1) of 
section 23 - A of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904) 
shall apply.
Power to remove 
difficulties
27. The Uttar Pradesh Public Examinations ( Prevention of Unfair Means) Act, 
1998 (U.P. Act no. 13 of 1998) and the Uttar Pradesh Public Examination (Prevention of 
unfair means) Ordinance, 2024 (U.P. Ordinace no. 6 of 2024) are hereby repealed:
Provided that such repeal shall not affect ,—
a. the previous operation of the Act so repealed ; or
b. any right, privilege, obligation or liability acquired, accru ed or 
incurred under the Act so repealed ; or
c. any penalty, forfeiture or punishment incurred in respect of any 
offence committed against any of the provisions of the Act so repealed; or
d. any investigation, legal proceeding or remedy in respect of a ny such 
right, privilege, obligation, liability, penalty, forfeiture or  punishment as 
aforesaid; and any such investigation, legal proceeding or reme dy may be 
instituted, continued or enforced and any such penalty, forfeit ure or punishment 
may be imposed as if this Act had not been passed:
Repeal and savings
Provided further that, subject to the preceding proviso, anythi ng done or any 
action taken (including authorizations made, powers conferred, orders given and 
indemnity granted) by or under the Act or the Ordinance so repe aled shall, in so far it is 
not inconsistent with any provisions of this Act, be deemed to have been done or taken 
under the corresponding provisions of this Act as if the provis ions of this Act were in 
force at all material times.
________
STATEMENT OF OBJECTS AND REASONS
Injustice done to youth by malpractices in public examinations are no less than national sin, and 
State Government is determined to take stringent action against  those elements who are trying to play with 
the future of youngsters seeking employment in Uttar Pradesh. I f appointment of deserving candidates is 
not conducted honestly, it forces youth to migrate from the State. 
Malpractices in public examinations lead to delays and cancella tion of examinations adversely 
impacting the prospects of millions of youth. At present, the U ttar Pradesh Public Examinations 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 
20 mRrj izns'k vlk/kkj.k xtV] 6 vxLr] 2024  
(Prevention of Unfair Means) Act, 1998 is not found capable to deal with unfair means adopted or offences 
committed by various entities and solver gangs involved in the conduct of public examinations by the State 
Government and its agencies. 
Therefore, it is imperative that elements that exploit vulnerab ilities of examination system are 
identified and effectively dealt with by a comprehensive State legislation. 
The objective of the Bill is to bring greater transparency, fair ness and credibility to the public 
examination systems and to reassure the youth that their sincer e and genuine efforts will be fairly rewarded 
and their future is safe. 
The Bill is aimed at effectively and legally deterring persons,  organised gangs or institutions that 
indulge in various unfair means and adversely impact the public  examination systems for monetary or 
wrongful gains. 
Students and competitive candidates will be kept free from crim inal liability in view of their 
future but decisive and strict action will be taken against tho se guilty of adversely affecting the public 
examinations.
The Bill would aid State Agencies in preventing the criminal el ements from disrupting conduct of 
State level public examinations. 
The Uttar Pradesh Public Examinations (Prevention of Unfair Mea ns) Bill, 2024 is introduced 
accordingly
By order,
ATUL SRIVASTAVA,
Pramukh Sachiv.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ih0,l0;w0ih0&,0ih0 186 jkti=&2024&¼534½&599 izfr;ka&¼dEI;wVj@Vh0@vkWQlsV½A 
ih0,l0;w0ih0&,0ih0 76 lk0 fo/kk;h&2024&¼535½&300 izfr;ka&¼dEI;wVj@Vh0@vkWQlsV½A 
186_RPH_vidhaika -21Adhiniyam folder _(public exam unfair 2024 )-2024 Data-4E
 

‹ Prev All Uttar Pradesh acts Next ›