Exam Act-1998

No.360/Legis-The following act of the Orissa Legislative Assembly having been assented to by the Governor on the 11th March,1988 is hereby published for general information.
ORISSA ACT 2 OF 1988
THE ORISSA CONDUCT OF EXAMINATION Act -1988
An act to provide for penal 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 the Thirty-nine year of the Republic of India as follows:
1. SHORT TITLE:
The Act be called the Orissa Conduct of Examination Act 1988.
2. DEFINITIONS:
(a) In this Act, unless the context otherwise requires“recognised examination" means an Examination specified in the schedule and includes evaluation,tabulation,publication of results and all other matters connected there with.
(b) ”Unfair means in relation to any recognized examination means taking or giving to take or give any help, other than one permissible, if any, under the rules applicable there to, from any, material, written, recorded
or printed or relayed, or from any person, in any form whatsoever.

3. PROHIBITION OF USE OF UNFAIR MEANS AT EXAMINATION:
(a) No person shall adopt or take recourse to unfair means at any recognized examination.
(b) No person shall aid, abet or conspire in the use of unfair means at any recognized examination.
4. RESTRICTION ON COPIES OF QUESTION PAPER AND OFFER OF INFORMATION:
No person, who is not lawfully authorized or permitted by virtue of his duties to do so shall before the time fixed for distribution of copies of 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)Impact information which he knows or has reason to believe is related to or derived from or has a bearing upon such question paper.
5. PREVENTION OF LEAKAGE BY PERSON 
ENTRUSTED WITH EXAMINATION WORK:

No person, who is entrusted with any work connected with a recognized examination shall be expected in the discharge of his duties, directly or indirectly divulge or cause to be divulged to any other person any information or part thereof which he has come in possession in the discharge of his duties.
6. RESTRICTION OF PAPER:
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 ensuing recognized examination.
7. PROHIBITION OF LOITERING ETC.NEAR EXAMINATION CENTRE:
No person, save in the discharge of his duties, shall (a) during the hours when a 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, is conducted or evaluation or tabulation of work done commit or cause to be committed any of the following acts within the premises where evaluation or tabulation work is done or at any public or private place within a distance of one hundred metres from such premises or at the place of evaluation of tabulation work namely.
(i) loitering
(ii) distribution 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 bonafide activities of examinees appearing at the examination which is conducted at such examination centre.
8. REFUSAL OF DUTIES CONNECTED WITH EXAMINATION PROHIBITED:
No person assigned with invigilation work or super- intendances of any recognized examination at any centre or 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. PENALTY:
Whoever contravenes any of the provisions of section 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. INVESTIGATION ETC.:
(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 nonboilable.
11. EFFECT OF OTHER LAWS:
(1) Subject to the provisions of section.
(2) The provisions of the Act shall have effect not withstanding anything inconsistent thereof contained in any enactment other than this Act.
(3) Where any Act commission 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.
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 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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