New Delhi: The Centre on Friday put into effect a new law designed to crack down on misconduct and irregularities in competitive exams. The law includes penalties of up to 10 years in prison and fines as high as Rs 1 crore for those found guilty. This move comes nearly four months after President Droupadi Murmu approved The Public Examinations (Prevention of Unfair Means) Act, 2024. The Personnel Ministry issued a notification on Friday night announcing that the law will be enforced starting June 21.

The move assumes significance amid a raging row over UGC-NET, 2024, exam's question paper leak. Before this legislation, there was no specific substantive law to deal with unfair means adopted or offences committed by various entities involved in the conduct of public examinations by the central government and its agencies.

The Central Bureau of Investigation (CBI) on Thursday registered a case to probe the question paper leak of the exam conducted by the National Testing Agency (NTA). Opposition parties have also alleged irregularities in the medical entrance exam NEET-UG, the results of which were announced by NTA on June 4. The notification of the Act comes just a day after Union Education Minister Dharmendra Pradhan was asked when the legislation would be implemented. The minister had said the law ministry was framing the rules.

The Public Examinations (Prevention of Unfair Means) Bill, 2024, was passed by the Rajya Sabha on February 9. The Lok Sabha passed it on February 6. President Murmu gave approval to the bill on February 12, turning it into a law.

KEY PROVISIONS

The Act aims to prevent unfair means in the public examinations conducted by the Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), the railways, banking recruitment examinations and the National Testing Agency (NTA) among others. It has provisions for a minimum of three to five years of imprisonment to curb cheating and those involved in organised crimes of cheating will face five to 10 years of imprisonment and a minimum fine of Rs 1 crore.

Offences Defined: The bill prohibits collusion or conspiracy to facilitate unfair means, which include unauthorized access to question papers, assistance to candidates, tampering with computer networks or documents, conducting fake exams, and more. It also prohibits disclosing exam-related confidential information and unauthorized entry into exam centers.

Penalties: Offences under the bill are punishable with imprisonment ranging from 3 to 5 years and fines up to Rs 10 lakh.

Responsibilities of Service Providers: Service providers must promptly report violations to police and exam authorities. They are prohibited from shifting exam centers without permission. Penalties for violations include fines up to Rs 1 crore, recovery of examination costs, and a four-year ban on conducting exams.

Liability of Directors and Senior Management: Individuals involved in offenses with service providers are personally liable and can face imprisonment from 3 to 10 years and fines up to Rs 1 crore.

Organised Crimes: The bill imposes higher penalties for organized crimes related to public examinations, including imprisonment from 5 to 10 years and fines starting at Rs 1 crore. Institutions involved may face property forfeiture and be required to recover examination costs.

Legal Provisions: Offences are cognisable, non-bailable, and non-compoundable. Due diligence can serve as a defense. Investigations are conducted by senior police officers, with the option for central agencies to take over as per government decision.