(1) Any examinee indulging in unfair means shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine, which shall not be less than one lakh rupees and in case of default of payment of fine, such examinee shall also be punished with imprisonment in accordance with the provisions of the Code of Criminal Procedure, 1973.
(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 centre, he shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees and in case of default of payment of fine, such person shall also be punished with imprisonment in accordance with the provisions of the Code of Criminal Procedure, 1973.
(3) If any person, including examinee, whether entrusted or authorized with the conduct of public examination or not, in conspiracy or otherwise indulges or attempts to indulge in unfair means or contravenes or abets to contravene any of the provisions of this Act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment of ten years and shall also be liable to fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and in case of default of payment of fine, such person shall also be punished with imprisonment in accordance with the provision of the Code of Criminal Procedure, 1973:
Provided that the Court may for any adequate and special reasons to be recorded in writing impose a sentence of imprisonment for a term of less than five years.
(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 punished with imprisonment for a term which shall not be less than seven years and may extend to ten years and with fine which shall not be less than one crore rupees and in case of default of payment of fine, such person shall also be punished with imprisonment in accordance with the provision of the Code of Criminal Procedure, 1973.
13. An examinee who has been convicted of an offence under the provisions of this Act shall be debarred from any public examination for a period of two years.
14. In case of conviction of a 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, 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 laid down in the Code of Criminal Procedure, 1973.
15. If any person of the Management or Institution or Limited Liability Partnership or others has been found guilty of the offences under this Act, the Management or Institution or Limited Liability Partnership or others shall be liable to pay all cost and expenditure related to the public examination, determined by the Court and shall be banned forever.
16. Every person engaged in the conduct of the public examination, while acting or purporting to act in pursuance of the provisions of this Act or rules made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Prohibition to assist.
Offences and penalties.
2 of 1974.
2 of 1974.
2 of 1974.
2 of 1974.
Debarred on conviction.
Attachment and confiscation of property.
Liabilities of Management etc. to pay all cost and expenditure.
2 of 1974.
Public servant.
45 of 1860.
Government Central Press, Gandhinagar.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 2-5
17. All offences specified under this Act, shall be cognizable, non-bailable and non– compoundable.
18. Any offence committed under this Act shall be investigated by the Police Officer not below the rank of Police Inspector but preferably by the Deputy Superintendent of Police.
19. The provisions of this Act shall be in addition to, and not in derogation of, any other law in force on the subject.
20. No suit, prosecution or other legal proceeding shall lie against the State Government or any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder for the conduct of public examination.