Gujarat Public Examination Bill 2023 passed, imposes 10-year jail, Rs 1 crore fine on offenders

Gujarat Public Examination Bill 2023: With the objective of curbing paper leaks in government recruitment exams, the state assembly passed Gujarat Public Examination Bill 2023 with a full majority. This bill makes provision to impose a 10-year jail and Rs 1 crore fine on offenders.

As per reports, an examinee convicted of an offence will be debarred from any public examination for a period of two years under the provisions of this Act. 

Accused will be debarred from public examinations 

"Gujarat Public Examination (Prevention of Unfair Means) Bill, 2023 passed in the Gujarat Assembly with a full majority. An examinee who has been convicted of an offence under the provisions of this Act shall be debarred from any public examination for a period of two years," a tweet of ANI reads. 

This bill provides for up to ten years in prison for such malpractices. According to an ANI tweet, "The Gujarat Public Examination (Prevention of Unfair Means) Bill, 2023 provides for Rs 1 crore fine and up to 10 years imprisonment to prevent paper leaks in public examinations." 

Bill aimed at curbing 'unfair means'

Following a heated debate, the Gujarat Public Examination (Prevention of Unfair Means) Bill, 2023, tabled by Minister of State for Home Harsh Sanghavi, was passed as opposition Congress and Aam Aadmi Party (AAP) members gave their nod. The Bill is aimed at curbing "unfair means" which include leaking or attempting to leak a question paper, procuring a question paper in an unauthorised manner and solving such a paper in an unauthorised manner.

Unfair means also include an act of assisting an examinee during an examination for monetary gains. Any examinee (candidate appearing for an exam) indulging in unfair means shall be punished with imprisonment up to three years, and shall also be liable for a fine of not less than one lakh rupees.

What if a person threatens a member of the inspection team? 

If any person obstructs or threatens any member of the inspection team or a person appointed by the examination authority for performing duty, he shall be punished with imprisonment of up to three years, and a fine of not less than Rs one lakh. If any person including the examinee indulges in unfair means or contravenes any of the provisions of the Act, he or she shall be punished with imprisonment for five years which may extend up to ten years.

Offence will become serious if falls into the organised crime category 

Moreover, the accused "shall also be liable for a fine which shall not be less than Rs 10 lakh, which may extend to Rs 1 crore."

The offence will become more serious if it falls in the category of "organised crime".

"If any person in an organized crime in conspiracy with the examination authority indulges in unfair means, he shall be punished with seven years of imprisonment, which may extend to ten years with a fine of Rs 1 crore," the Bill says.

A court can also order attachment of the assets of convicted persons involved in "organised crime."

A person convicted under this Act shall be debarred from any public examination for two years. If a person associated with an institution is found guilty under this Act, such business entity or institution "shall be liable to pay all cost and expenditure related to the public examination and shall be banned forever".

Offence will be investigated by a police officer 

Any offence committed under the Act shall be investigated by a police officer, not below the rank of police inspector but preferably by a deputy superintendent of police, the bill said. The bill was introduced days after the question paper of the panchayat junior clerk examination was found to have been leaked. On January 29, this examination was postponed.

Congress Legislature Party leader Amit Chavda pointed out during the debate that question papers of 13 recruitment exams have got leaked in the state since 2014.

"To set an example and instill fear among culprits, this Act should be implemented through retrospective effect from 2014," he said. He also suggested that instead of outsourcing the printing of question papers, the Gujarat government should use its own printing presses.

(With inputs from PTI)

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