Competitive Examination (Measures For Control and Prevention of Unfair Means in Recruitment) Ordinance, 2023
As per Section 2(1)(d) of the ordinance, competitive examination means examinations as specified in Schedule-2 of the ordinance conducted for selection to any post in any department of State government, competitive institution, body, board, corporation or institution aided by the State government.
Section 22 of the ordinance states that the offence of cheating in State competitive exams will be cognizable, non-bailable and non-compoundable.
It introduces punishment under Section 12.
Section 12(1) state that any examinee (one taking exam) if caught cheating or if caught causing another examinee cheat, will be punishable with imprisonment for a term of 3 years and ₹5 lakh rupees fine.
As per Section 12(2), any person, printing press, service provider contracted or ordered for examination or any organization involved in management of conducting exam or any person or organisation authorised to transport exam material or any employee of examination authority indulges in conspiracy, helps or aids cheating, then punishment for the same will be imprisonment up to 10 years, which can also extend up to life imprisonment with a fine ranging from ₹1 crore to ₹10 crores.
Further, Section 13 debars an examinee who is being prosecuted under any provision of the ordinance from taking any/all State competitive exams held by Examination Authority from the date when the charge-sheet is filed, till a period of 2 to 5 years and if convicted, then for a period of 10 years.
Section 15 of the ordinance also confers power of arrest on police officials, if there is reason to believe that cheating has been committed.
If the District Magistrate has reason to believe that the property, whether moveable or immovable, in possession of any person has been acquired by a person as a result of the commission of an offence triable under this ordinance, then under Section 16, he may order attachment of such property whether or not cognizance of such offence has been taken by Special Court.
Section 23 lays down that no inquiry or approval is required from any authority before lodging first information report.