THE RAJASTHAN PUBLIC EXAMINATION (MEASURES FOR PREVENTION OF UNFAIR MEANS IN RECRUITMENT) ACT, 2022

PREAMBLE

Which department issued the notification regarding the authorised English translation of the Act?

Law (Legislative Drafting) Department, Group-II.

On what date was the notification issued?

6 April, 2022.

What is the notification number of the authorised English translation?

No. F. 2(10) Vidhi/2/2022.

Under which constitutional provision was the publication of the English translation authorised?

Clause (3) of Article 348 of the Constitution of India.

Who authorised the publication of the English translation in the Rajasthan Gazette?

The Governor.

Where was the authorised English translation published?

In the Rajasthan Gazette.

What is the Hindi title of the Act translated into English?

Rajasthan Sarvjanik Pareeksha (Bhartee Mein Anuchit Sadhanon Kee Roktham Ke Adhyupay) Adhiniyam, 2022.

What is the authorised English title of the Act?

The Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.

What is the Act number of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022?

Act No. 6 of 2022.

When did the Governor assent to the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022?

On the 5th day of April, 2022.

What is the primary purpose of the Act regarding public examinations?

To provide effective measures to prevent and curb offences of leakage of question papers.

What is the purpose of the Act regarding unfair means in examinations?

To provide effective measures to prevent and curb the use of unfair means at public examinations.

For what purpose must the public examination be conducted for the Act to apply?

For recruitment to any post under the State Government.

Does the Act apply to recruitment examinations conducted by autonomous bodies?

Yes, it applies to recruitment to posts under autonomous bodies.

Does the Act apply to recruitment examinations conducted by authorities?

Yes, it applies to recruitment to posts under authorities.

Does the Act apply to recruitment examinations conducted by boards?

Yes, it applies to recruitment to posts under boards.

Does the Act apply to recruitment examinations conducted by corporations?

Yes, it applies to recruitment to posts under corporations.

What judicial mechanism does the Act provide for trial of offences under it?

Designated courts for the trial of such offences.

Does the Act provide for matters connected with the prevention of examination offences?

Yes, it provides for matters connected therewith.

Does the Act provide for incidental matters related to examination offences?

Yes, it provides for matters incidental thereto.

In which year of the Republic of India was the Act enacted?

In the Seventy-third Year of the Republic of India.

By which legislature was the Act enacted?

The Rajasthan State Legislature.

What is the subject matter of Section 1 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022?

Short title, extent and commencement.

What is the short title of the Act?

The Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.

To what area does the Act extend?

It extends to the whole of the State of Rajasthan.

Who is empowered to bring the Act into force?

The State Government.

How does the State Government bring the Act into force?

By appointing a date through notification in the Official Gazette.

When does the Act come into force?

On such date as the State Government may appoint by notification in the Official Gazette.

What is the subject matter of Section 2 of the Act?

Definitions.

What does Section 2(a) define "conduct of public examination" as?

Preparation, printing, supervision, coding, processing, storing, transportation, distribution and collection of question papers, answer sheets, OMR sheets and result sheets, evaluation, declaration of result, etc.

What does Section 2(b) define "examination authority" as?

An examination authority as specified in Schedule-I.

What does Section 2(c) define "examination center" as?

Any institution or part thereof or any other place fixed and used for holding a public examination.

What is included within "examination center" under Section 2(c)?

The entire premises attached thereto.

What does Section 2(d) define "examinee" as?

A person granted permission by the concerning authority to appear in a public examination.

Who is included within the definition of "examinee" under Section 2(d)?

A person authorized to act as scribe on his behalf.

What does Section 2(e) define "public examination" as?

Examination for recruitment to any post under the State Government including autonomous bodies, authorities, boards or corporations as specified in Schedule-II.

In which Schedule are public examinations specified under Section 2(e)?

Schedule-II.

What does Section 2(f) define "unfair means" as in relation to an examinee?

Taking unauthorized help in a public examination from any person or group directly or indirectly or from any material written, recorded, copied or printed in any form whatsoever, or using any unauthorized electronic or mechanical instrument or gadget.

What assistance from persons constitutes unfair means under Section 2(f)(i)?

Unauthorized help from any person or group directly or indirectly.

What use of material constitutes unfair means under Section 2(f)(i)?

Use of any material written, recorded, copied or printed in any form whatsoever without authorization.

What use of devices constitutes unfair means under Section 2(f)(i)?

Use of any unauthorized electronic or mechanical instrument or gadget.

What does Section 2(f)(ii)(I) treat as unfair means in relation to any person?

Impersonating or leaking or attempting to leak or conspiring to leak a question paper.

What does Section 2(f)(ii)(II) treat as unfair means in relation to question papers?

Procuring or attempting to procure or possessing or attempting to possess a question paper in an unauthorized manner.

What does Section 2(f)(ii)(III) treat as unfair means regarding solving question papers?

Solving or attempting to solve or seeking assistance to solve a question paper in an unauthorized manner.

What does Section 2(f)(ii)(IV) treat as unfair means regarding assistance to examinees?

Directly or indirectly assisting the examinee in the public examination in an unauthorized manner.

Who is included within the expression "any person" under the Explanation to Section 2(f)?

Any person includes an examinee.

How are words and expressions not defined in the Act but defined in the BNS interpreted under Section 2(g)?

They shall have the same meanings respectively assigned to them in the BNS.

What is the subject matter of Section 3 of the Act?

Prohibition of use of unfair means.

What is prohibited under Section 3?

Use of unfair means at any public examination.

What is the subject matter of Section 4 of the Act?

Possession and disclosure of question paper.

To whom does Section 4 apply?

A person authorized by virtue of his duties in conduct of public examination.

Up to what stage does the prohibition under Section 4 operate?

Before the time fixed for opening and distribution of question papers.

What acts relating to question papers are prohibited under Section 4(a)?

Opening, leaking, procuring, attempting to procure, possessing or solving a question paper or any portion or copy thereof.

What information is prohibited from being given under Section 4(b)?

Confidential information related to or in reference to the question paper.

What promise is prohibited under Section 4(b)?

A promise to give confidential information related to or in reference to the question paper.

To whom is giving confidential information prohibited under Section 4(b)?

Any person or examinee.

What is the subject matter of Section 5 of the Act?

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

To whom does Section 5 apply?

A person entrusted or engaged with any work pertaining to a public examination.

When may a person disclose examination-related information under Section 5?

When permitted to do so by virtue of his duties.

What disclosure is prohibited under Section 5?

Directly or indirectly divulging, causing to be divulged or making known to any person information acquired by virtue of examination work.

What is the source of information protected under Section 5?

Information which has come to a person's knowledge by virtue of the work entrusted to him.

What is the subject matter of Section 6 of the Act?

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

To whom does Section 6 apply?

A person not lawfully authorized or permitted by virtue of his duties to do so.

Up to what stage does the prohibition under Section 6 operate?

Before the time fixed for the distribution of question papers.

What materials are covered under Section 6(a)?

Question paper, answer sheet or OMR sheet or any portion or copy thereof in any form.

What acts are prohibited under Section 6(a)?

Procuring, attempting to procure or possessing the specified examination materials.

What disclosure is prohibited under Section 6(b)?

Imparting or offering to impart information related to, derived from or having a bearing upon a question paper.

What mental element is required under Section 6(b)?

Knowledge or reason to believe that the information is related to, derived from or has a bearing upon the question paper.

What is the subject matter of Section 7 of the Act?

Prohibition to enter in examination center.

Who is prohibited from entering the premises of an examination center under Section 7?

A person who is neither entrusted or engaged with work pertaining to the public examination or conduct of public examination nor an examinee.

What premises are protected under Section 7?

The premises of the examination center.

What is the subject matter of Section 8 of the Act?

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

Who is governed by Section 8?

A person entrusted or engaged with the work pertaining to a public examination.

What is prohibited under Section 8?

Using or causing to be used any place other than the examination center for holding a public examination.

For what purpose is the use of any place other than the examination center prohibited under Section 8?

For the purpose of holding a public examination.

What is the subject matter of Section 9 of the Act?

Offences by Management, Institution or others.

When does Section 9(1) apply?

When an offence under the Act has been committed by a Management or Institution or Limited Liability Partnership or others.

Who shall be deemed guilty under Section 9(1) when an offence is committed by a Management, Institution, Limited Liability Partnership or others?

Every person who was incharge of or responsible for the conduct of its business at the time of commission of the offence, as well as the Management or Institution or Limited Liability Partnership or others.

To whom must a person be responsible for attracting liability under Section 9(1)?

The Management or Institution or Limited Liability Partnership or others for conduct of its business.

What is the liability of persons deemed guilty under Section 9(1)?

They shall be liable to be proceeded against and punished accordingly.

What defence is available under the proviso to Section 9(1)?

That the offence was committed without his knowledge and that he exercised all due diligence to prevent its commission.

What must a person prove to avoid punishment under the proviso to Section 9(1)?

Lack of knowledge of the offence and exercise of all due diligence to prevent the commission of the offence.

What is the effect of Section 9(2)?

It imposes additional liability on specified officers despite anything contained in sub-section (1).

Which persons may be held liable under Section 9(2)?

Any director, partner, manager, secretary or other officer of the Management or Institution or Limited Liability Partnership or others.

When is a director, partner, manager, secretary or other officer deemed guilty under Section 9(2)?

When the offence is committed with his consent or connivance or is attributable to his neglect.

What forms of involvement attract liability under Section 9(2)?

Consent, connivance or neglect.

What is the liability of a director, partner, manager, secretary or other officer deemed guilty under Section 9(2)?

He shall be liable to be proceeded against and punished accordingly.

What is the subject matter of Section 10 of the Act?

Penalties.

What is the punishment under Section 10(1) for an examinee indulging in unfair means as defined in Section 2(f)(i)?

Imprisonment of either description for a term which may extend to three years and fine.

What is the minimum fine under Section 10(1)?

Fine of not less than one lakh rupees.

What is the punishment for default in payment of fine under Section 10(1)?

Imprisonment of either description for a term of nine months.

To whom does Section 10(1) apply?

An examinee indulging in unfair means as defined under Section 2(f)(i).

To whom does Section 10(2) apply?

Any person, including an examinee, whether entrusted or authorized with the conduct of public examination or not.

What acts are punishable under Section 10(2)?

Indulging or attempting to indulge in unfair means as defined in Section 2(f)(ii) or contravening or abetting contravention of any provision of the Act.

Can a conspiracy to indulge in unfair means attract punishment under Section 10(2)?

Yes, indulging in unfair means in conspiracy is punishable.

What is the minimum term of imprisonment under Section 10(2)?

Five years.

What is the maximum term of imprisonment under Section 10(2)?

Ten years.

What is the minimum fine under Section 10(2)?

Ten lakh rupees.

What is the maximum fine under Section 10(2)?

Ten crore rupees.

What is the punishment for default in payment of fine under Section 10(2)?

Imprisonment of either description for a term of two years.

Under what circumstances may the Court impose imprisonment for less than five years under the proviso to Section 10(2)?

For adequate and special reasons to be recorded in the judgment.

What is the subject matter of Section 11 of the Act?

Debarment on conviction.

Who is liable to be debarred under Section 11?

An examinee convicted of an offence under the Act.

What is the period of debarment under Section 11?

Two years.

From what activity is a convicted examinee debarred under Section 11?

Taking any public examination.

What is the subject matter of Section 12 of the Act?

Attachment and confiscation of property.

What is prohibited under Section 12(1)?

Holding or being in possession of any proceeds of any offence under the Act.

What power is conferred on the investigating officer under Section 12(2)?

Power to seize or attach property representing proceeds of an offence under the Act.

What condition must exist before action can be taken under Section 12(2)?

The investigating officer must have reason to believe that the property represents proceeds of an offence under the Act.

Whose prior approval is required before seizure or attachment under Section 12(2)?

Prior approval in writing of the State Government.

What kind of property may be seized under Section 12(2)?

Movable property, immovable property or both.

When may an order of attachment be made under Section 12(2)?

When it is not practicable to seize the property.

What is the effect of an attachment order under Section 12(2)?

The property shall not be transferred or otherwise dealt with without prior permission.

Whose permission is required for dealing with attached property under Section 12(2)?

The officer making the order or, as the case may be, the Designated Court.

Upon whom is a copy of the seizure or attachment order to be served under Section 12(2)?

The person concerned.

Within what period must the investigating officer inform the Designated Court under Section 12(3)?

Within forty-eight hours of the seizure or attachment of the property.

What information is required to be furnished to the Designated Court under Section 12(3)?

Information regarding the seizure or attachment of the property.

What powers does the Designated Court possess under Section 12(4)?

To confirm or revoke the order of seizure or attachment.

What opportunity must be given before passing an order under the proviso to Section 12(4)?

An opportunity of making representation to the person whose property is being attached.

When may the Designated Court order confiscation of property under Section 12(5)?

When the accused has been convicted of an offence punishable under the Act.

Can confiscation be ordered in addition to punishment under Section 12(5)?

Yes, confiscation may be ordered in addition to awarding punishment.

How must the confiscation order under Section 12(5) be made?

By an order in writing.

Whose property may be confiscated under Section 12(5)?

Property, movable or immovable or both, belonging to the accused and specified in the order.

To whom does confiscated property vest under Section 12(5)?

The State Government.

In what condition does confiscated property vest in the State Government under Section 12(5)?

Free from all encumbrances.

What is meant by "proceeds of any offence under this Act" under the Explanation to Section 12?

All kinds of properties derived or obtained from commission of any offence under the Act.

What properties are included within proceeds of an offence under the Explanation to Section 12?

Properties acquired through funds traceable to any offence under the Act.

Does the expression "proceeds of any offence under this Act" include cash?

Cash.

Is the ownership name relevant for determining proceeds of an offence under the Explanation to Section 12?

Proceeds are included irrespective of the person in whose name they stand.

Is possession relevant for determining proceeds of an offence under the Explanation to Section 12?

Proceeds are included irrespective of the person in whose possession they are found.

What is the subject matter of Section 13 of the Act?

Liability of Management etc. to pay all cost and expenditure.

When does liability under Section 13 arise?

When the person of the Management or Institution or Limited Liability Partnership or others is found guilty of the offence under Section 10(2).

Who is liable to pay the cost and expenditure under Section 13?

The Management or Institution or Limited Liability Partnership or others.

What cost and expenditure are recoverable under Section 13?

All cost and expenditure related to the examination.

Who determines the cost and expenditure payable under Section 13?

The Designated Court.

What is the consequence for the Management or Institution or Limited Liability Partnership or others under Section 13 besides payment of costs?

It shall be banned forever.

What is the subject matter of Section 14 of the Act?

Offences to be cognizable, non-bailable and non-compoundable.

What is the nature of offences under the Act?

Cognizable.

What is the bail status of offences under the Act?

Non-bailable.

Can offences under the Act be compounded?

No, they are non-compoundable.

What is the subject matter of Section 15 of the Act?

Investigation of the offences.

What is the minimum rank of a police officer authorized to investigate offences under the Act?

Additional Superintendent of Police.

Who is barred from investigating offences under the Act?

Any police officer below the rank of Additional Superintendent of Police.

What is the subject matter of Section 16 of the Act?

Cases triable by Designated Courts.

What is the effect of the non-obstante clause in Section 16?

It overrides BNSS and any other law for the time being in force.

By whom shall offences under the Act be tried?

Courts designated under the Act.

What is the subject matter of Section 17 of the Act?

Power to appoint Designated Courts.

Which authority is empowered to designate courts under Section 17?

The State Government.

How are Designated Courts appointed under Section 17?

By notification in the Official Gazette.

Which courts may be designated under Section 17?

Courts of Sessions.

With whom must the State Government consult before designating courts under Section 17?

The Chief Justice of the High Court of Rajasthan.

How many Courts of Sessions may be designated under Section 17?

As many as may be necessary.

For what purpose are Designated Courts appointed under Section 17?

To try offences punishable under the Act.

What is the subject matter of Section 18 of the Act?

Act not in derogation of any other law.

How do the provisions of this Act operate in relation to other laws?

They are in addition to and not in derogation of the provisions of any other law for the time being in force.

What is the subject matter of Section 19 of the Act?

Power to remove difficulties.

When may the State Government exercise the power under Section 19(1)?

When any difficulty arises in giving effect to the provisions of the Act.

How may the State Government remove difficulties under Section 19(1)?

By order published in the Official Gazette.

What condition must be satisfied while issuing an order under Section 19(1)?

The provisions made must not be inconsistent with the provisions of the Act.

For what purpose may an order under Section 19(1) be issued?

For removing the difficulty in giving effect to the provisions of the Act.

What is the time limit for making an order under Section 19(1)?

No order shall be made after the expiry of two years from the commencement of the Act.

Where must an order made under Section 19 be published?

In the Official Gazette.

What is required to be done with every order made under Section 19(2)?

It shall be laid before the House of the State Legislature as soon as may be after it is made.

What is the subject matter of Section 20 of the Act?

Power to make rules.

Who is empowered to make rules under Section 20(1)?

The State Government.

For what purpose may rules be made under Section 20(1)?

For carrying out the purposes of the Act.

What is required to be done with rules made under Section 20(2)?

They shall be laid before the House of the State Legislature as soon as may be after they are made.

When are the rules required to be laid before the House of the State Legislature?

While it is in session.

For what minimum period must rules be laid before the House of the State Legislature?

Not less than fourteen days.

Can the period of fourteen days comprise more than one session?

Yes, it may comprise one session or two successive sessions.

What power does the House of the State Legislature have regarding rules laid under Section 20(2)?

It may make modifications in the rules.

What power does the House of the State Legislature have regarding the making of rules under Section 20(2)?

It may resolve that any such rule should not be made.

What is the effect of modification of a rule by the House of the State Legislature?

The rule shall thereafter have effect only in the modified form.

What is the effect when the House of the State Legislature resolves that a rule should not be made?

The rule shall thereafter be of no effect.