No. 3601/Legis - The following Act of the Orissa/Legislative Assembly having been assented to by the Government on the 11th March, 1988 is hereby published for general information.

An act to provide for penal action for adoption of unfair mean at certain examination held in the state and other maters connected their therewith. Be it enacted by the Legislature of the State of Orissa in the Thirty-ninth year of the Republic of India as follows:

1. SHORT TITLE

   This Act may be called the Orissa conduct on Examination Act, 1988.

2. DEFINITION

   In this Act, unless the context otherwise requires:

   a) “Recognized examination” means an Examinations specified in the Schedule and includes evaluation tabulation, ‘ publication of result and all other mater connected therewith.

   b) “unfair means” in relation to any recognized examination mean taking or giving or attempting to take or give any help, other than one permissible, if any under the rules applicable there to from any material, written record or printed or relayed, or from any person, in any form whatsoever.

3. PROHIBITION OF USE OF UNFAIR MEANS. AT EXAMINATION:

   a) No person shall adopt or take | recourse to unfair means at any recognized examination.

   b) No person shall aid, abort or conspire in the use of unfair means at any recognized examination.

4. RESTRICTION ON COPIES OF QUESTION PAPER AND OFFER OF INFORMATION

   No person, who is not lawfully authorized or permitted by -virtue of his duties to do so, shall before the time fixed for — distribution of copies of a question paper to examinees at @ recognized examination.

   a) Procure, attempt to procure or process, such question paper or a portion or a copy there of or

   b) Impact or office to impart information which he knows or has reason to believe is related to or is derived from or has bearing upon such questions paper.

5. PROHIBITION OF LOITERING ETC. NEAR EXAMINATION CENTER ETC.

   No person, save in the discharge of his duties shall;

   a) During the hours when a recognized examination held and

   b) In two hours presiding the commencement of such examination, evaluation or tabulation work on any date on which such examinations conducted or evaluation or tabulations work gone committed or cause to be committed any of the following acts within the premises where evaluation or tabulation work is done or at any public or private place of evaluation or tabulation work namely:

   • (i) Loitering

   • (ii) Distributing or otherwise publicizing any paper or other matter relating to such examination or is likely to affect to the secrecy there of provided that noting contained in this section shall apply in respects of bonafide activities or examinees appearing at the examination which is conducted at such examination centre.

6. PENALTY

   Whoever contradicts any of provisions of section 3 to 8 shall, ‘on conviction, be published with imprisonment for a term which may extend to three months or with fine which may extended to three thousand rupees but shall not be less than five hundred rupees or with both.

7. SCHEDULE

   1. Examination conducted by or under the authority of any University established by an Act of the State Legislature.
   2. Examination conducted by or under the authority of Board of Secondary Education, Orissa.
   3. Examination conducted by or under the authority of the State Council of Higher Secondary Education, Orissa.
   4. Examination conducted by or under the authority of the Council of Higher Secondary Education, Orissa.
   5. Such other Examination as may be specified by the State. Government by notification in the official Gazette.