Public Examinations (Prevention of Unfair Means) Act, 2024

MINISTRY OF LAW AND JUSTICE
(Legislative Department)

New Delhi, the 12th February, 2024/Magha 23, 1945 (Saka)

The following Act of Parliament received the assent of the President on the 12th February, 2024 and is hereby published for general information:—

THE PUBLIC EXAMINATIONS (PREVENTION OF
UNFAIR MEANS) ACT, 2024
No. 1 of 2024

[12th February, 2024.]

An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY

1. (1) This Act may be called the Public Examinations (Prevention of Unfair Means) Act, 2024.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. (1) In this Act, unless the context otherwise requires.—

Definitions.

(a) “candidate” means a person who has been granted permission by the public examination authority to appear in public examination and includes a person authorised to act as a scribe on his behalf in the public examination;

(b) “communication device’ shall have the same meaning assigned to it in clause (a) of sub-section (I) of section 2 of the Information Technology Act. 2000; 21 of 2000.

(c) “competent authority” shall mean the Ministry or a Department of the Central Government administratively concerned with the public examination authority;

(d) “computer network’. “computer resource” and “computer system” shall have the meanings respectively assigned to them in clauses (j), (k) and (l) of sub-section (I) of section 2 of the Information Technology Act, 2000; 21 of 2000.

(e) “conduct of public examination shall include all the procedures, processes and activities. as may be prescribed, for being adopted for the conduct of public examination;

(f) “institution” means any agency, organisation. body. association of persons, business entity, company, partnership or single proprietorship firm, by whatever name it may be called. which is other than the public examination authority and the service provider engaged by such authority.

Explanation—For the purposes of this clause. it is clarified that “company includes a company as defined in clause (20) of section 2 of the Companies Act, 2013: or a limited liability partnership firm as defined in 18 of 2013. clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership 7 of 2009 Act, 2008:

— View Notification PDF for detail —

CHAPTER VI
AMENDMENT TO THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 1944

19. In the Criminal Law (Amendment) Ordinance, 1944, in the Schedule, after serial number 5 and entries relating thereto. the following serial number and entries shall be inserted, namely:—

Amendment Ordinance 38 of 1944

“6. An offence punishable under the Public Examinations (Prevention of Unfair Means) Act, 2024.”,

THE SCHEDULE
[See section 2 (k)]

ANY EXAMINATION CONDUCTED BY—

1. Union Public Service Commission.
2. Staff Selection Commission.
3. Railway Recruitment Boards.
4. Institute of Banking Personnel Selection.
5. Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff.
6. National Testing Agency.
7. Such other authority as may be notified by the Central Government.

DR. RAJIV MANI,
Secretary to the Govt. of India.

Source: www.lawrbit.com