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Section 10

The Gujarat Public Examination (Prevention of Unfair Means) Act, 2023State Act of Gujarat · Act 2 of 2023

(1) Whenever an offence under this Act has been committed by the Management or Institution or Limited Liability Partnership or others, every person who at the time the offence was committed, was in-charge of, or was accountable to the Management or Institution or Limited Liability Partnership or others for the conduct of the business of the Management or Institution or Limited Liability Partnership or others, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by the Management or Institution or Limited Liability Partnership or others 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, partner, manager, secretary or other officer of the Management or Institution or Limited Liability Partnership or others, such director, partner, manager, secretary or other officer shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Unauthorised possession or disclosure of question paper and answer sheet or OMR sheet in any form.

Prevention of leakage by person entrusted or engaged with examination work.

Prohibition to enter examination centre.

No place other than examination center shall be used for public examination.

Offence by management, institution or others.

Unauthorised possession and disclosure of question paper.

2-4 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART IV

11. No person who is on the management or on the staff of an institution which is being used for the holding of a public examination, or who is entrusted with any work pertaining to public examination, shall provide any help or assistance to an examinee in using unfair means in the public examination.

Where this provision sits

ActThe Gujarat Public Examination (Prevention of Unfair Means) Act, 2023
Section10
JurisdictionState of Gujarat
StatusIn force as published by the source

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