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Section 22: Use of unfair means

Rajiv Gandhi National Institute of Youth Development Ordinances, 2016.Central Ordinance · No. 35 of 2012

(1) The following activities shall be deemed to be unfair means, namely:-

(i) possessing incriminating material related or unrelated to the subject of the examination concerned;

(ii) trying to help other candidates in examination hall;

(iii) consulting other candidates in the examination hall;

(iv) consulting the invigilator for answering the questions in the examination;

(v) pleading for favourable consideration or mercy;

(vi) using of colour thread, or marking any identification with colour pencil;

(vii) writing filthy and unwarranted words in the answer script;

(viii) copying from the possessed material or from a neighbour or inter-changing of answer scripts;

34 THE GAZETTE O F INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(ix) exchange of answer scripts or relevant materials;

(x) writing candidate’s name in any part of the answer script or writing Register number anywhere else other than the required place;

(xi) making plea coupled with promise, if any, for consideration;

(xii) using the help of another person in the malpractice;

(xiii) changing seat for copying;

(xiv) writing some other candidate's register number in the main answer script;

(xv) Inserting pre-written answer sheets ( main sheets or additional sheets);

(xvi) threatening the invigilator or exhibiting insubordinate behaviour as reported by the Chief Superintendent or Hall Superintendent or both;

(xvii) using electronic gadgets for the purpose of malpractice;

(xviii) alluring with money (enclosing currency note, etc.);

(xix) taking away the answer script from the Examination Hall wilfully;

(xx) cases of impersonating;

(xxi) tampering with spelling, name or initial, etc. in the certificates issued by other bodies and submission of such certificates at the time of admission in the Institute;

(xxii) tampering with the date of birth in the certificate issued by other Bodies and submission of the same at the time of admission in the Institute;

(xxiii) tampering with the grade certificates or any other certificates issued by the Institute.

(2) Where the invigilator in charge is satisfied that one third or more students were involved in using unfair means or copying in a particular Examination Hall, it shall be deemed to be a case of mass copying.

(3) The Academic Council may also declare any other act of omission or commission to be unfair means in respect of such other examinations conducted by the Institute as it may deem necessary.

(4) If the Director is satisfied that there has been mass-scale copying or use of unfair means on a mass-scale, she or he shall cancel the examination of all the candidates concerned and order re-examination.

23. Procedure for action against unfair means:(1) The Chief Superintendent of the examination centre shall report to the Controller of Examinations without delay in each case where use of unfair means in the examination is suspected or discovered with full details of the evidence in support thereof and the statement of the candidate(s) concerned, if any, on the prescribed format for the purpose, with copy to the examiner, paper-setter, evaluator, moderator or the person connected with examination of the Institute as the case may be, with all the relevant materials.

II—<sius 3(i)] W ^ ^ W : 3TOW 35

(2) A candidate shall not be forced to give a statement, but in case she or he refuses to make a statement, the Chief Superintendent shall record it and thereafter and shall record the statement of at-least two witnesses from the amongst members of the supervisory staff on duty at the time of occurrence of the incident.

Where this provision sits

ActRajiv Gandhi National Institute of Youth Development Ordinances, 2016.
Section22
Marginal noteUse of unfair means
JurisdictionCentral
StatusIn force as published by the source

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