🛡️ ગુજરાત જાહેર પરીક્ષા (ગેરરીતિ નિવારણ) અધિનિયમ, 2023
Gujarat Act No. 2 of 2023 • Gazette 03-03-2023
Examinee / Obstruction
Serious Offence
Organized Crime
All offences
આ Act public examinationsમાં paper leak, impersonation, unauthorised question-paper possession/solving, confidential information disclosure, electronic gadgetથી ગેરમદદ અને organized unfair means અટકાવવા બનાવવામાં આવ્યો છે. Act હેઠળના બધા offences cognizable, non-bailable અને non-compoundable છે.
01. હેતુ અને અમલ
02. Unfair Meansની વ્યાખ્યા
| Type | આવરી લેવાતી પ્રવૃત્તિ |
|---|---|
| Impersonation | બીજા examinee તરીકે દેખાવું/પ્રયાસ |
| Paper Leak | Leak / attempt / conspiracy to leak |
| Possession | Unauthorised procurement or possession of question paper |
| Solving | Unauthorised solving, seeking or giving assistance |
| Wrongful Gain | Assistance for monetary or wrongful gain |
03. Examinee અને Unauthorized Help
Section 4 written/recorded/copied/printed material અથવા unauthorised electronic/mechanical gadgetથી મદદ લેતા examinee માટે examination-authority process આપે છે. નિર્ધારિત non-recruitment examinationsમાં GSHSEB અથવા concerned State Funded Universityનો decision final રહે છે.
04. Question Paper અને Centre Security
05. Management / Institution Liability
Section 10 મુજબ Management, Institution, LLP વગેરેના offence માટે in-charge/accountable persons liable થઈ શકે છે; lack of knowledge અને due diligenceનો statutory defence છે. Consent, connivance અથવા neglect સાબિત થાય તો concerned director/partner/manager/secretary/officer પણ liable બને છે.
06. સજા — Penalty Matrix
| Case | Imprisonment | Fine |
|---|---|---|
| Examinee unfair means | Up to 3 years | Not less than ₹1 lakh |
| Threat/obstruction | Up to 3 years | Not less than ₹1 lakh |
| Serious unfair means / conspiracy / abetment | 5–10 years* | ₹10 lakh–₹1 crore |
| Organized crime | 7–10 years | Not less than ₹1 crore |
*Court adequate and special reasons writingમાં record કરીને 5 વર્ષથી ઓછી sentence આપી શકે છે.
07. Debarment અને Property Recovery
08. Offenceની Nature અને Investigation
Investigation Police Inspectorથી નીચેના rankના officer દ્વારા નહીં અને preferably Deputy Superintendent of Police દ્વારા.
09. Scheduleમાં આવતી Examination Authorities
| # | Authority |
|---|---|
| 1 | Gujarat Public Service Commission |
| 2 | Gujarat High Court |
| 3 | Gujarat Subordinate Services Selection Board |
| 4 | Gujarat Panchayat Service Selection Board |
| 5 | State Examination Board |
| 6 | Other State Government authority/agency/recruitment committee/Board |
| 7 | State Funded Universities |
| 8 | Gujarat Secondary and Higher Secondary Education Board |
| 9 | State Government-owned PSU |
| 10 | Substantially/partially State-owned Societies, Corporations, Local Bodies & PSUs |
10. Examination Security Flow
11. Quick Reference
| Item | Details |
|---|---|
| Act | Gujarat Public Examination (Prevention of Unfair Means) Act, 2023 |
| Act No. | 2 of 2023 |
| Assent | 02-03-2023 |
| Gazette | 03-03-2023 |
| Debarment | 2 years on conviction of examinee |
| Offences | Cognizable, non-bailable, non-compoundable |
| Investigation | Police Inspector or above; preferably DySP |
FAQ
Paper leak offence છે?
હા. Leak, attempt/conspiracy તથા unauthorised procurement/possession Actમાં આવરી લેવાય છે.
બધા offences bailable છે?
ના. Section 17 મુજબ બધા offences non-bailable છે.
Examinee conviction પછી શું થાય?
Section 13 મુજબ 2 વર્ષ માટે public examinationsમાંથી debarment.
🛡️ Gujarat Public Examination (Prevention of Unfair Means) Act, 2023
Gujarat Act No. 2 of 2023 • Gazette 03-03-2023
Examinee / Obstruction
Serious Offence
Organized Crime
All offences
The Act targets question-paper leakage, impersonation, unauthorised possession/solving of papers, confidential-information disclosure, unauthorised electronic assistance and organized unfair means. All offences are cognizable, non-bailable and non-compoundable.
01. Purpose & Commencement
02. Definition of Unfair Means
| Type | Conduct covered |
|---|---|
| Impersonation | Impersonation or attempt |
| Paper Leak | Leak / attempt / conspiracy to leak |
| Possession | Unauthorised procurement or possession of question paper |
| Solving | Unauthorised solving, seeking or giving assistance |
| Wrongful Gain | Assistance for monetary or wrongful gain |
03. Examinee & Unauthorized Help
Section 4 addresses examinees receiving unauthorised help from written/recorded/copied/printed material or electronic/mechanical gadgets. In specified non-recruitment examinations, the GSHSEB or concerned State Funded University decides the matter.
04. Question Paper & Centre Security
05. Management / Institution Liability
Section 10 can make persons in charge/accountable for a Management, Institution or LLP liable, subject to the statutory defence of lack of knowledge and due diligence. Directors/partners/managers/secretaries/officers may also be liable where consent, connivance or neglect is proved.
06. Penalty Matrix
| Case | Imprisonment | Fine |
|---|---|---|
| Examinee unfair means | Up to 3 years | Not less than ₹1 lakh |
| Threat/obstruction | Up to 3 years | Not less than ₹1 lakh |
| Serious unfair means / conspiracy / abetment | 5–10 years* | ₹10 lakh–₹1 crore |
| Organized crime | 7–10 years | Not less than ₹1 crore |
*The Court may impose less than five years for adequate and special reasons recorded in writing.
07. Debarment & Property Recovery
08. Nature of Offences & Investigation
Investigation must be by a police officer not below the rank of Police Inspector, preferably a Deputy Superintendent of Police.
09. Scheduled Examination Authorities
| # | Authority |
|---|---|
| 1 | Gujarat Public Service Commission |
| 2 | Gujarat High Court |
| 3 | Gujarat Subordinate Services Selection Board |
| 4 | Gujarat Panchayat Service Selection Board |
| 5 | State Examination Board |
| 6 | Other State Government authority/agency/recruitment committee/Board |
| 7 | State Funded Universities |
| 8 | Gujarat Secondary and Higher Secondary Education Board |
| 9 | State Government-owned PSU |
| 10 | Substantially/partially State-owned Societies, Corporations, Local Bodies & PSUs |
10. Examination Security Flow
11. Quick Reference
| Item | Details |
|---|---|
| Act | Gujarat Public Examination (Prevention of Unfair Means) Act, 2023 |
| Act No. | 2 of 2023 |
| Assent | 02-03-2023 |
| Gazette | 03-03-2023 |
| Debarment | 2 years on conviction of examinee |
| Offences | Cognizable, non-bailable, non-compoundable |
| Investigation | Police Inspector or above; preferably DySP |
FAQ
Is paper leakage an offence?
Yes. Leakage, attempt/conspiracy and unauthorised procurement/possession are covered.
Are the offences bailable?
No. Section 17 makes all offences non-bailable.
What follows an examinee's conviction?
Section 13 provides two-year debarment from public examinations.
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