Rajasthan Public Examination Act 2022 — FAHM IAS / RAS

• Short Title: This Act may be called the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.
• Geographical Extent: It extends to the whole of the State of Rajasthan.
• Commencement: It shall come into force on such date as the State Government may notify in the Official Gazette (Enforced on 6 April 2022).

In this Act, unless the context otherwise requires:

• (a) 'Conduct of Public Examination': Refers to the entire examination process and comprises:
  1. Preparation of question papers, answer sheets, OMR sheets, and result sheets;
  2. Printing, invigilation/supervision, and coding processes of examination materials;
  3. Storage, secure transportation, distribution, and collection of examination materials;
  4. Evaluation of answer scripts and declaration of the final results.
• (b) 'Examination Authority': Means the authority authorized to conduct public examinations as specified in Schedule-1.
• (c) 'Examination Centre': Means any institution or part thereof, or any other place designated, determined, and used for holding a public examination, including the entire premises annexed thereto.
• (d) 'Examinee' (Candidate): Means a person who has been granted permission by the relevant authority to appear in a public examination, and includes a person authorized to act as a Scribe on their behalf.
• (e) 'Public Examination': Means any examination specified in Schedule-2 conducted for the purpose of recruitment to any post under the State Government, including autonomous bodies, authorities, boards, or corporations.
• (f) 'Unfair Means': Encompasses two specific situations:
  1. In relation to an examinee (candidate):

  • Taking unauthorized assistance in the examination from any person or group, directly or indirectly, through any written, recorded, copied, or printed material.
  • Using any unauthorized electronic or mechanical equipment, device, or gadget during the examination.

  2. In relation to any other person:

  • Impersonation or disclosing/leaking (Paper Leak) a question paper, or attempting such disclosure.
  • Procuring, attempting to procure, or taking into unauthorized possession any question paper.
  • Unauthorizedly solving a question paper, attempting to solve it, or seeking assistance to solve it.
  • Assisting an examinee in a public examination directly or indirectly in any unauthorized manner.

  Explanation: The definition of "any person" shall be construed to include an examinee as well.
• (g) 'Indian Penal Code' (IPC Applicable Concepts): Words and expressions used in this Act and not defined herein, but defined in the Indian Penal Code, 1860 (Central Act No. 45 of 1860), shall have the same meanings assigned to them in that Code.

Substantive Provision: No person shall use unfair means in any public examination.

• For Examinees: It is strictly prohibited to bring or use any written material, chits, printed notes, Bluetooth devices, smartwatches, mobile phones, or other electronic equipment inside the examination hall.
• For Third Persons / Cheating Networks: Assisting candidates from outside the hall, relaying answers via walkie-talkies or digital devices, or disrupting the conduct of the exam constitutes a penal offence.

Substantive Provision: No person authorized by virtue of their duties to open and distribute question papers for conducting a public examination shall, prior to the appointed time:

• (a) Unauthorized Access and Disclosure: Open, leak, disclose, procure, attempt to procure, possess, or attempt to solve any question paper or part thereof prior to the prescribed time.
• (b) Sharing Confidential Information: Give or promise to give any confidential information or answer concerning the question paper to any candidate or outside person.

Any person entrusted with examination-related assignments (paper-setting, printing, transport, center invigilation, etc.) shall not disclose confidential examination information to any unauthorized outsider.

• Rule: They shall neither leak such information personally, nor cause it to be leaked, nor communicate it to another.
• Exception: They may use such information strictly as required for the lawful discharge of their official duties.

No person who is not officially authorized prior to the scheduled distribution time shall, before the examination commences:

• (a) Unauthorized Procurement & Custody: Unlawfully obtain, attempt to obtain, or retain custody of any question paper, answer sheet, or OMR sheet (or any part/photocopy thereof).
• (b) Confidential Information or Offer: Give confidential information or make an offer to supply any question paper to another.

No person who is not entrusted with work relating to the public examination, not engaged in its conduct, or not a valid examinee shall enter the premises of the examination centre.

• Permitted Entrants: (1) Validly permitted examinees, and (2) Authorized examination staff deployed on duty.
• Total Bar: All unauthorized outsiders are strictly prohibited from entering the center premises.

No authorized person engaged in the conduct of an examination shall use or cause to be used any place other than the declared/notified examination centre for conducting the public examination.

Statutory Objective: To prevent parallel examination sessions run in unauthorized premises, private residences, or covert locations to facilitate institutionalized cheating.

• (1) Liability of Institutions and Persons-in-Charge: If an offence is committed by a management body, institution, coaching centre, trust, company, or Limited Liability Partnership (LLP), every person who was in charge of and responsible for the conduct of business, as well as the institution/management itself, shall be deemed guilty of the offence and proceeded against.
  Statutory Defense: The person shall not be liable if they prove that the offence occurred without their knowledge and that they exercised all due diligence to prevent it.
• (2) Liability of Directors and Officers: If it is proven that the offence occurred with the consent, connivance, or neglect of any director, manager, secretary, or officer, such individual shall personally be held guilty and penalized.

Where an examinee is convicted of an offence under this Act by a competent court, they shall be debarred for a period of 2 years from the date of conviction from appearing in any public examination conducted in the State of Rajasthan.

Cost Recovery: Where any management, institution, LLP, or associated individual is convicted under Section 10(2), the entire cost and expenses of the examination (as determined by the Designated Court) shall be recovered from that institution/management.

Permanent Debarment: Such institutions shall be permanently prohibited and debarred forever from undertaking any examination-related duties.

All offences under this Act shall be:

• Cognizable: Police officers can arrest the accused without a warrant.
• Non-Bailable: Bail cannot be granted as a matter of right at the police station.
• Non-Compoundable: The case cannot be settled, compromised, or withdrawn via private agreement.

No police officer below the rank of Additional Superintendent of Police (Addl. SP) shall investigate any offence committed under this Act.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) or any other law, all offences under this Act shall be exclusively triable by the Designated Court.

The State Government, in consultation with the Chief Justice of the High Court of Rajasthan, shall notify Sessions Courts as Designated/Special Courts for the purposes of this Act by notification in the Official Gazette.

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force (such as BNS/IPC or the Information Technology Act).

• (1) Order of Government: The State Government may publish orders in the Gazette to remove practical difficulties arising in implementing the Act. Sunset Clause: No such order shall be made after the expiry of 2 years from commencement.
• (2) Laying before Legislature: Every such order shall be laid before the State Legislative Assembly as soon as possible.

• (1) State Government's Power: The State Government may make rules for carrying out the purposes of this Act.
• (2) Legislative Scrutiny: All rules made under this section shall be laid before the House of the State Legislature for a minimum period of 14 days while in session, for modification or approval.

• 1(1): This Act may be called the Public Examinations (Prevention of Unfair Means) Act, 2024.
• 1(2): It shall come into force on such date as the Central Government may appoint by notification in the Official Gazette (Enforced on 21 June 2024).

• 2(1)(a) 'Candidate': A person permitted by a public examination authority to appear in a public examination, including a person authorized to act as a Scribe.
• 2(1)(b) 'Communication Device': Has the meaning assigned to it in Section 2(1)(ha) of the Information Technology Act, 2000.
• 2(1)(c) 'Competent Authority': The Ministry or Department of the Central Government administratively attached to the public examination authority concerned.
• 2(1)(d) 'Computer Network', 'Computer Resource', and 'Computer System': Meanings assigned under Section 2(1)(j), (k), and (l) of the Information Technology Act, 2000.
• 2(1)(e) 'Conduct of Public Examination': Includes all prescribed procedures and activities for the conduct of a public examination.
• 2(1)(f) 'Institution': Any agency, organization, body, association of persons, business entity, company, partnership, or sole proprietorship firm (other than the examination authority) appointed as a service provider for conducting an exam. Explanation: Includes companies under Companies Act 2013 and LLPs under LLP Act 2008.
• 2(1)(g) 'Notification': Notification published in the Official Gazette.
• 2(1)(h) 'Organized Crime': Unlawful activity committed by a person or group of persons indulging in unfair means in a public examination, via collusion and conspiracy, to pursue a shared interest for wrongful gain.
• 2(1)(i) 'Person Associated with Service Provider': A person providing services for or on behalf of a service provider (employee, agent, or subsidiary).
• 2(1)(j) 'Prescribed': Prescribed by rules made under this Act.
• 2(1)(k) 'Public Examination': Any examination conducted by authorities specified in the Schedule or notified by the Central Government.
• 2(1)(l) 'Public Examination Authority': Authorities designated by the Central Government by notification.
• 2(1)(m) 'Public Examination Centre': Premises selected by the examination authority, including schools, computer centres, buildings, and perimeter areas.
• 2(1)(n) 'Service Provider': Any agency, organization, body, firm, sub-contractor, or IT vendor appointed by the public examination authority.
• 2(2) Residual Rule: Words not defined herein shall bear meanings assigned under other corresponding laws.

No person, group of persons, or institution shall collude or conspire to facilitate the commission of any unfair means.

• 5(1): No unauthorized person (who is neither staff nor a candidate) shall enter the premises with the intention of causing disruption.
• 5(2)(a): Authorized staff shall not open, leak, possess, access, or solve the question paper prior to the scheduled time for monetary or wrongful gain.
• 5(2)(b): Authorized staff shall not reveal or promise to reveal confidential question paper details for wrongful gain.
• 5(3): Unauthorized disclosure of question papers that came to an authorized person's knowledge is prohibited.

If an offence under Sections 3, 4, or 5 is committed, the service provider must immediately report it to the police and intimate the public examination authority.

Using the designated examination centre for any purpose other than holding the public examination without written permission of the authority is an offence.

• 8(1): Any person or associated person who provides unauthorized assistance in conducting the exam is guilty of an offence.
• 8(2): Failure by a service provider or its staff to report unfair means or offences makes them liable for prosecution.
• 8(3): Directors, senior management, secretaries, or officers shall be held personally liable if the offence occurred with their consent or connivance.
• Proviso: A person shall be exempt if they prove the offence occurred without their knowledge and they exercised due diligence.

• 12(1): No officer below the rank of Deputy Superintendent of Police (DSP) or Assistant Commissioner of Police (ACP) shall investigate offences under this Act.
• 12(2): The Central Government has the power to entrust the investigation to any Central Investigating Agency (e.g., CBI).

• Section 13 (Public Servants): Chairpersons, members, officers, and staff of examination authorities are deemed public servants under the Bharatiya Nyaya Sanhita / IPC.
• Section 14 (Good Faith Protection): Immunity from legal suits and prosecution for actions taken in good faith. Administrative proceedings remain permissible under service rules.
• Section 15 (Supplemental Effect): Provisions are in addition to other laws and have overriding effect in case of inconsistency.
• Section 16 (Rule-Making Power): Central Government may notify rules governing examination procedures, norms, and operational standards.
• Section 17 (Laying before Parliament): Every rule must be placed before both Houses of Parliament for a cumulative period of 30 days.
• Section 18 (Removal of Difficulties): Central Government may issue executive orders within 3 years of commencement.
• Section 19 (Amendment to Ordinance 38 of 1944): Insertion of Entry 6 in the Criminal Law Amendment Ordinance, 1944: "6. Offences punishable under the Public Examinations (Prevention of Unfair Means) Act, 2024."

• 12B(1) - Right to Appeal: An appeal against any judgment, sentence, or order (other than an interlocutory order) of the Special Fast Track Court lies directly to the High Court.
• 12B(2) - Two-Judge Bench & 3-Month Disposal: Every appeal shall be heard by a Division Bench (two judges) of the High Court and disposed of within 3 months from the date of admission.
• 12B(3) - Bar on Other Appeals/Revisions: No appeal or revision shall lie before any other court against any judgment or order of the Special Fast Track Court except as provided in this section.
• 12B(4) - Appeals against Acquittal: Appeals against an order of acquittal may be preferred to the High Court under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 12B(5) - Strict Limitation Period (30 to 90 Days):
  • Every appeal must be filed within 30 days from the date of judgment or order.
  • Condonation of Delay: The High Court may entertain an appeal after 30 days if satisfied of sufficient cause.
  • Absolute Bar: Under no circumstances shall an appeal be entertained after the expiry of 90 days.