Haryana Government Gazette

EXTRAORDINARY

Published by Authority

150-2021/Ext.]

CHANDIGARH, FRIDAY, SEPTEMBER 10, 2021

( BHADRA 19, 1943 SAKA ½

LEGISLATIVE SUPPLEMENT

CONTENTS

PART-I

ACTS

PAGES

THE HARYANA PUBLIC EXAMINATION (PREVENTION OF

193&195

UNFAIR MEANS) ACT, 2021 (HARYANA ACT NO. 25 OF 2021).

THE HARYANA MANAGEMENT OF CIVIC AMENITIES AND

197&198

INFRASTRUCTURE DEFICIENT MUNICIPAL AREAS

(SPECIAL PROVISIONS) AMENDMENT ACT, 2021

(HARYANA ACT NO. 24 OF 2021).

PART-II

ORDINANCES

NIL

PART-III

DELEGATED LEGISLATION

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PARTI-IV

CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

(lxx)

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA)

193

PART I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 10th September, 2021

No. Leg. 25/2021.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 4th September, 2021 and is hereby published for

general information:-

HARYANA ACT NO. 25 OF 2021

THE HARYANA PUBLIC EXAMINATION (PREVENTION OF UNFAIR MEANS)

ACT, 2021

ACT

to prevent unfair means and leakage of question paper in public examination

and to provide for matters connected therewith or incidental thereto.

BE it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the

Republic of India as follows:—

(1)

This Act may be called the Haryana Public Examination (Prevention of Unfair

Means) Act, 2021.

(2)

It shall come into force on such date, as the State Government may, by notification in

the Official Gazette, appoint.

Short title and

commencement.

(1)

In this Act, unless the context otherwise requires, —

(a)

“conduct of public examination” means and includes preparation, printing,

supervision, coding, processing, distribution of question papers, evaluation,

declaration of result, etc.;

(b)

“examinee” means a person who has been granted permission by examination

authority to appear in the public examination and includes a person authorized

to act as scribe on his behalf in public examination;

(c)

“examination authority” includes the Haryana Public Service Commission,

Haryana Staff Selection Commission or any other authority or agency or

recruitment committee engaged or constituted by the State Government,

Haryana Public Service Commission, Haryana Staff Selection Commission or

University, from time to time for conducting public examination;

(d)

“examination center” means such premises, as specified by the examination

authority to conduct public examination;

(e)

“inspection team” means persons authorised by the examination authority to

inspect any examination center;

(f)

“public examination” means examination for the purpose of recruitment to

any post under the State Government including autonomous bodies,

authorities, boards or corporations;

(g)

“State Government” means the Government of the State of Haryana in the

administrative department;

(h)

“supervisory staff” includes persons authorised by the examination authority

to conduct public examination;

Definitions.

194

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA)

(i)

“unfair means” includes,-

(i)

in relation to an examinee, to take unauthorised help in public

examination from any person directly or indirectly or from any

material written, recorded, copied or printed, in any form whatsoever,

or use of any unauthorised electronic or mechanical instrument or

gadget; and

(ii)

in relation to any person other than the examinee, 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 paper

unauthorisedly, solve or attempt to solve or seek assistance to solve

question paper or unauthorisedly directly or indirectly assist the

examinee in any manner whatsoever, in the public examination for

wrongful gains.

(2)

Words and expressions used herein and not defined but defined in the Indian Penal

Code, 1860 (Central Act 45 of 1860) shall have the meanings respectively assigned to them in that

Code.

Prohibition of use

or indulgence in

unfair means.

No person shall use or indulge in unfair means in any public examination or the conduct of

public examination.

Possession and

disclosure of

question paper.

No person authorized by virtue of his duties in conduct of public examination shall before

the time fixed for opening and distribution of question papers-

(a)

open, leak or procure or attempt to procure, possess or solve such question paper or

any portion or a copy thereof; or

(b)

give any information or promise to give such information to any person or

examinee, for which he has knowledge or reason to believe that such information is

related to or in reference to such question paper.

Prohibition to give

information.

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.

Prohibition to enter

examination center.

No person who is not entrusted with any works pertaining to public examination or who is

not an examinee, shall during the continuance of public examination, enter an examination center.

Prohibition to assist.

The management or the staff of an institution specified for conduct of public examination

or entrusted with the work pertaining to public examination shall not assist any examinee or

indulge in unfair means.

Penalties.

(1)

If any examinee contravenes or attempts or abets to contravene any of the

provisions of this Act, he shall be liable to be punished with imprisonment for a term which may

extend upto two years and with fine which may extend upto five thousand rupees.

(2)

If any person obstructs or threatens any member of the inspection team, supervisory

staff, examination authority, officer or person appointed by the examination authority for

performing duty or from entering any examination center, he shall be liable to be punished with

imprisonment for a term which may extend upto two years and with fine which may extend upto

five thousand rupees.

(3)

If any person entrusted with the duty to conduct public examination, contravenes or

attempts or abets to contravene any of the provisions of this Act, he shall be liable to be punished

with imprisonment for a term which may extend upto seven years and with fine which shall not be

less than one lakh rupees and more than three lakh rupees.

(4)

If any person in an organized crime in conspiracy with the examination authority or

otherwise indulges or attempts to indulge in unfair means or contravenes or abets to contravene

any of the provisions of this Act, he shall be liable to be punished with imprisonment for a term

which shall not be less than seven years and may extend upto ten years and with fine which shall

not be less than ten lakh rupees.

HARYANA GOVT. GAZ. (EXTRA.), SEPT. 10, 2021 (BHDR. 19, 1943 SAKA)

195

Explanation.— For the purposes of this sub-section, “organized crime” means a

person or a group of persons indulging in unfair means to pursue or promote a shared

interest for wrongful gains.

An examinee who has been convicted of an offence under the provision of this Act shall be

debarred from taking any public examination for a period of two years.

Debar on

conviction.

10.

In case of conviction of person under sub-section (4) of section 8 of this Act, the court shall

make an order of recovery of any wrongful gains made by such person, by way of attachment and

sale of any of the assets/property, moveable, or immovable, or both, of such person by following

the procedure as laid down in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Attachment of

property.

11.

Every person engaged in the conduct of public examination shall be deemed to be a public

servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

Public servant.

12.

The State Government may, from time to time, issue directions or order in writing, for

giving effect to the provisions of this Act.

Power to issue

directions or order.

13.

If any difficulty arises in giving effect to the provisions of this Act, the State Government

may, within a period of two years from the commencement of this Act, by an order published in

the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may

appear to it to be necessary or expedient for removal of difficulty.

Power to remove

difficulties.

14.

(1)

The State Government may, by notification in the Official Gazette, make rules for

carrying out the purposes of this Act.

(2)

Every rule made under this Act shall, as soon as possible, after it is made or issued,

be laid before the State Legislature.

Power to make

rules.

15.

The provisions of this Act shall be in addition to and not in derogation of any other law in

force on the subject.

Application of

other laws not

barred.

_________

BIMLESH TANWAR,

ADMINISTRATIVE SECRETARY TO GOVERNMENT,

HARYANA, LAW AND LEGISLATIVE DEPARTMENT.

9318—L.R.—H.G.P., Pkl.