ગુજરાત જાહેર પરીક્ષા (ગેરરીતિ નિવારણ) અધિનિયમ, 2023 l Gujarat Public Examination (Prevention of Unfair Means) Act, 2023

 

PUBLIC EXAM • PAPER LEAK • UNFAIR MEANS

🛡️ ગુજરાત જાહેર પરીક્ષા (ગેરરીતિ નિવારણ) અધિનિયમ, 2023

Gujarat Act No. 2 of 2023 • Gazette 03-03-2023

3 Years
Examinee / Obstruction
5–10 Years
Serious Offence
7–10 Years
Organized Crime
Non-Bailable
All offences
📌 સરળ સાર

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

Governorની assent 02-03-2023 અને Gazette publication 03-03-2023. Section 1(2) મુજબ commencement State Government દ્વારા Official Gazette notificationમાં appoint કરેલી તારીખથી થાય છે.

02. Unfair Meansની વ્યાખ્યા

Typeઆવરી લેવાતી પ્રવૃત્તિ
Impersonationબીજા examinee તરીકે દેખાવું/પ્રયાસ
Paper LeakLeak / attempt / conspiracy to leak
PossessionUnauthorised procurement or possession of question paper
SolvingUnauthorised solving, seeking or giving assistance
Wrongful GainAssistance 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

Sections 5–7 authorised duty ધરાવતા/ન ધરાવતા persons દ્વારા question paper leak, unauthorised possession, answer sheet/OMR sheet મેળવવી અને confidential information disclosure પ્રતિબંધિત કરે છે. Sections 8–9 unauthorised centre entry અને examination centre સિવાય અન્ય સ્થળે public examination રાખવા પ્રતિબંધ મૂકે છે.

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

CaseImprisonmentFine
Examinee unfair meansUp to 3 yearsNot less than ₹1 lakh
Threat/obstructionUp to 3 yearsNot less than ₹1 lakh
Serious unfair means / conspiracy / abetment5–10 years*₹10 lakh–₹1 crore
Organized crime7–10 yearsNot less than ₹1 crore

*Court adequate and special reasons writingમાં record કરીને 5 વર્ષથી ઓછી sentence આપી શકે છે.

07. Debarment અને Property Recovery

Convicted examineeને 2 વર્ષ public examinationsમાંથી debar કરવામાં આવે છે. Organized crime convictionમાં wrongful gains માટે movable/immovable property attachment અને sale દ્વારા recoveryનો court order થઈ શકે છે. Guilty Management/Institution/LLP examinationનો તમામ cost/expenditure ચૂકવવા liable અને forever banned થાય છે.

08. Offenceની Nature અને Investigation

Cognizable • Non-Bailable • Non-Compoundable
Investigation Police Inspectorથી નીચેના rankના officer દ્વારા નહીં અને preferably Deputy Superintendent of Police દ્વારા.

09. Scheduleમાં આવતી Examination Authorities

#Authority
1Gujarat Public Service Commission
2Gujarat High Court
3Gujarat Subordinate Services Selection Board
4Gujarat Panchayat Service Selection Board
5State Examination Board
6Other State Government authority/agency/recruitment committee/Board
7State Funded Universities
8Gujarat Secondary and Higher Secondary Education Board
9State Government-owned PSU
10Substantially/partially State-owned Societies, Corporations, Local Bodies & PSUs

10. Examination Security Flow

Secure Paper
Authorised Access
Centre Control
Inspection
Investigation

11. Quick Reference

ItemDetails
ActGujarat Public Examination (Prevention of Unfair Means) Act, 2023
Act No.2 of 2023
Assent02-03-2023
Gazette03-03-2023
Debarment2 years on conviction of examinee
OffencesCognizable, non-bailable, non-compoundable
InvestigationPolice 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.

Disclaimer: આ Actનું administrative/educational summary છે. Actual criminal/examination case માટે original Act, commencement notification, applicable rules અને subsequent amendments/orders ચકાસવા.
PUBLIC EXAM • PAPER LEAK • UNFAIR MEANS

🛡️ Gujarat Public Examination (Prevention of Unfair Means) Act, 2023

Gujarat Act No. 2 of 2023 • Gazette 03-03-2023

3 Years
Examinee / Obstruction
5–10 Years
Serious Offence
7–10 Years
Organized Crime
Non-Bailable
All offences
📌 Executive Summary

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

Governor's assent: 02-03-2023; Gazette publication: 03-03-2023. Under section 1(2), commencement is from the date appointed by State Government notification in the Official Gazette.

02. Definition of Unfair Means

TypeConduct covered
ImpersonationImpersonation or attempt
Paper LeakLeak / attempt / conspiracy to leak
PossessionUnauthorised procurement or possession of question paper
SolvingUnauthorised solving, seeking or giving assistance
Wrongful GainAssistance 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

Sections 5–7 prohibit leakage, unauthorised possession of question papers/answer sheets/OMR sheets and disclosure of confidential information. Sections 8–9 prohibit unauthorised centre entry and holding a public examination outside the designated examination centre.

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

CaseImprisonmentFine
Examinee unfair meansUp to 3 yearsNot less than ₹1 lakh
Threat/obstructionUp to 3 yearsNot less than ₹1 lakh
Serious unfair means / conspiracy / abetment5–10 years*₹10 lakh–₹1 crore
Organized crime7–10 yearsNot less than ₹1 crore

*The Court may impose less than five years for adequate and special reasons recorded in writing.

07. Debarment & Property Recovery

A convicted examinee is debarred from public examinations for two years. In organized-crime conviction, the court may recover wrongful gains through attachment and sale of movable/immovable property. A guilty Management/Institution/LLP is liable for all examination costs/expenditure and is banned forever.

08. Nature of Offences & Investigation

Cognizable • Non-Bailable • Non-Compoundable
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
1Gujarat Public Service Commission
2Gujarat High Court
3Gujarat Subordinate Services Selection Board
4Gujarat Panchayat Service Selection Board
5State Examination Board
6Other State Government authority/agency/recruitment committee/Board
7State Funded Universities
8Gujarat Secondary and Higher Secondary Education Board
9State Government-owned PSU
10Substantially/partially State-owned Societies, Corporations, Local Bodies & PSUs

10. Examination Security Flow

Secure Paper
Authorised Access
Centre Control
Inspection
Investigation

11. Quick Reference

ItemDetails
ActGujarat Public Examination (Prevention of Unfair Means) Act, 2023
Act No.2 of 2023
Assent02-03-2023
Gazette03-03-2023
Debarment2 years on conviction of examinee
OffencesCognizable, non-bailable, non-compoundable
InvestigationPolice 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.

Disclaimer: This is an administrative/educational summary. For an actual criminal/examination case, verify the original Act, commencement notification, applicable rules and subsequent amendments/orders.

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