[1]THE
PUNJAB [2][UNIVERSITIES
AND BOARDS OF INTERMEDIATE AND SECONDARY EDUCATION] MALPRACTICES ACT, 1950
(Pb. Act XXXII of 1950)
[21 November 1950 ]
An Act to provide for the
eradication of malpractices in connection with University Examinations
Preamble.— WHEREAS it is expedient to provide
for the eradication of certain malpractices in connection with examinations
held by the [3][Universities
and Boards of Intermediate and Secondary Education:]
AND,
WHEREAS, the Governor of the Punjab has, in
pursuance of a proclamation[4]
issued by the Governor-General of Pakistan under section 92-A of the Government
of India Act, 1935, assumed on behalf of the Governor-General all powers vested
in or exercisable by the Provincial Legislature;
NOW,
THEREFORE, in exercise of the powers so assumed, the Governor of the Punjab is hereby pleased to enact as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the [5][Universities
and Boards of Intermediate and Secondary Education] Malpractices Act, 1950.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is
anything repugnant to the subject or context—
(a) “abetment” shall have the meaning assigned to
it in the Pakistan Penal Code;
(b) “answer book” means the document containing the answer or answers
as given by a candidate during an examination to the question or questions
contained in the question paper meant for the said examination and includes a
part of an answer book;
[1][(bb) “Board” means a Board of Intermediate and
Secondary [9][or
Technical] Education established under any law for the time being in force in [10][the
Punjab [11][or
any other examining body notified by the Government]];]
(c) “candidate” means a person who has applied for
admission to an examination or has appeared as an examinee at any such
examination;
(d) “employee” means any person employed by [12][a
University or Board] permanently or temporarily either gratis or for remuneration;
(e) “examination”
means an examination held by [13][a University
or Board] for the purpose of examining candidates for the grant of
certificates, diplomas or degrees;
(f) “examiner” means a person appointed by [14][a
University or Board] for the purpose of examining and assessing the answer
books of a candidate or his ability through a written or oral examination and
award marks therefor, and includes a person appointed to check the standard of
marking of such examiner and instructing him in assessing the marks to be
awarded by him.
(g) “premature disclosure of a question or question paper” means a
disclosure of a question or any of the questions contained in a question paper
before the time at which the question or the question paper containing the
question has to be communicated to a candidate in accordance with the procedure
prescribed by the University [15][or the Board
concerned];
(h) “question paper” means a document containing
the question or questions to be put at an examination for being answered by the
candidate; and
[16][(i) “University” means a University established
under any law for the time being in force in West Pakistan .]
(i) possessing firearms or other implement capable
of being used as weapon of offence in or around an examination centre; or
(ii) impersonating
another who is a candidate for an examination; or
(iii) forging, mutilating, altering, erasing or
otherwise tampering with any document connected with an examination or making
undue use of such document; or
(iv) premature disclosure of a question or question
paper knowing that such question or question paper is to be put or set at an
examination written or oral; or
(v) replacement of an answer book or any portion
thereof; or
(vi) recording
in any document with dishonest motive marks more or less than the marks awarded
to a candidate by the examiner concerned, if the person doing so is other than
the examiner; or
(vii) mutilation,
alteration interpolation or erasure in any certificate or other document or any
record maintained by a University or Board or in any manner using or causing to
be used as certificate, document or record knowing that it is so mutilated,
altered, interpolated or erased; or
(viii) divulging or procuring information pertaining
to a University or Board examination papers, answer books, examiners, conduct
of examinations, fictitious roll numbers, examination results or any
information incidental thereto; or
(ix) falsification of official examination results
by any means including substitution of answer books, mutilation, alteration or
falsification of University or Board records; or
(x) impeding the progress of examination at any
examination centre by any means whatsoever; or
(xi) assaulting
or threatening any person incharge of an examination centre or any other person
employed in connection with an examination; or
(xii) attempting or abetting the commission of any of
the aforesaid acts,
shall be punished with imprisonment
for a term which may extend to three years and with fine which may extend to
fifty thousand rupees.
(2) Whoever
is guilty of —
(i) making false representation in his admission
form or any other document connected with an examination; or
(ii) giving or receiving any assistance for
solving any part of a question paper or allowing any other candidate to copy
from his answer book or attempting to do so; or
(iii) unauthorisedly copying or receiving
assistance from any paper, book, note or other source for answering a question;
or
(iv) taking unauthorisedly the whole or a part of
an answer book or a continuation sheet into or out of any examination centre;
or
(v) awarding with dishonest motive marks more or
less than the marks deserved by a candidate, if the person doing so is an
examiner; or
(vi) supplying to a candidate during his
examination answer to a question contained in the question paper or a question
put or to be put at an oral examination; or
(vii) approaching or influencing any employee to
act corruptly or dishonestly in the conduct of any examination, declaration of
any examination result, or marking of papers, or obtaining secret information
relating to any examination; or
(viii) attempting or abetting the commission of any
of the aforesaid acts
shall be punished with imprisonment
for a term which may extend to two years or with fine which may extend to
twenty five thousand rupees or with both.]
[18][3A. General provisions.— (1) The offences under section 3(2)
of this Act may be tried summarily under the provisions of the Code of Criminal
Procedure 1898.
(2) There shall be no appeal by a convicted person
in cases which are tried summarily and a sentence of fine not exceeding one
thousand rupees only is passed in respect of an offence under this Act.]
[19][4. Offences to be
cognizable and bailable.— Notwithstanding any provision contained in the Code of
Criminal Procedure, 1898, or any other law for the time being in force, an
offence under this Act shall be cognizable by the police only on a report made,
in the case of an offence relating to a University, by the [20][Vice
Chancellor] of the University or such other official of the university as may
be specially authorised by him in this respect in writing, and in the case of
an offence relating to a Board or an examination held or to be held by a Board,
by the Chairman of the Board or such other officer of the Board as may be
specially authorised by him in this respect in writing, [21][and the
offences mentioned in section 3(1) shall be non-bailable while those mentioned in
section 3(2) shall be bailable].]
[22][5. Unpublished
records to be privileged documents.— No employee shall give evidence of any
fact relating to unpublished records of the University or Board employing him
or produce any document pertaining to the affairs of such University or Board
except, in the case of University records or documents pertaining to the
affairs of the University, with the previous written sanction of the
Vice-Chancellor or the Registrar of the University, and in the case of Board
records or documents pertaining to the affairs of the Board, of the Chairman of
the Board, and the Vice-Chancellor, the Registrar or the Chairman, as the case
may be, may give or withhold such permission in his discretion.]
[23][6. Official
information not to be asked for by courts from University and Board employees.— No employee
shall be compelled to give evidence in any court of law of communications made
to him or information in his possession which comes to his knowledge by reason
of his employment by a University or Board except, in the case of a University
employee, with the previous written sanction of the Vice-Chancellor or the
Registrar of such University, and in the case of an employee of a Board, with
the previous written sanction of the Chairman of the Board, and such
Vice-Chancellor, Registrar or Chairman, as the case may be, may give or
withhold such sanction in his discretion.]
[1]This Act was
reserved by the Governor of the Punjab on 9th Oct., 1950 for the consideration
of the Governor-General who assented to it on 9th Nov., 1950; and, was
published in the Punjab Gazette (Extraordinary), dated: 21st Nov., 1950, pages
275-277.
[2]Substituted,
for the word “University”, by the Punjab University Malpractices (West Pakistan
Amendment) Ordinance, 1966 (XVI of 1966), section 2.
[3]Substituted,
ibid, for the words “University of
the Punjab”.
[4]It was
issued on 24th January, 1949 and stood revoked on 5th April, 1951.
[5]Substituted,
for the word “Punjab University” by the Punjab University Malpractices (West
Pakistan Amendment) Ordinance, 1966 (XVI of 1966), section 4(i).
[6]Substituted,
ibid. for the word “Punjab”.
[7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “Province
of West Pakistan”.
[8]Inserted by
the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966
(XVI of 1966).
[9]Inserted by the Punjab
Universities and Boards of Intermediate and Secondary Education Malpractices
(Amendment) Ordinance, 1999 (XLII of 1999), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[10]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of
1974), for “West Pakistan”.
[11]Inserted by the Punjab
Universities and Boards of Intermediate and Secondary Education Malpractices
(Amendment) Ordinance, 1999 (XLII of 1999), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[12]Substituted,
for the words “the University”, by the Punjab University Malpractices (West
Pakistan Amendment) Ordinance, 1966 (XVI of 1966), section 5(ii).
[14]Substituted,
for the words “the University”, by the Punjab University Malpractices (West
Pakistan Amendment) Ordinance, 1966 (XVI of 1966), section 5(ii).
[15]Added by the
Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966 (XVI
of 1966), section 5(iii).
[16]Substituted ibid., for the original clause (i),
section 5(iv).
[17]Substituted by the Punjab
Universities and Boards of Intermediate and Secondary Education Malpractices
(Amendment) Ordinance, 1999 (XLII of 1999), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[18]Added by the Punjab
Universities and Boards of Intermediate and Secondary Education Malpractices
(Amendment) Ordinance, 1999 (XLII of 1999), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[19]Substituted
by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966
(XVI of 1966).
[20]Substituted,
for the word “Registrar” by the Punjab Universities and Boards of Intermediate
and Secondary Education Malpractices (Amendment) Ordinance, 1999 (XLII of
1999), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[21]Substituted ibid., for the words “and every offence
shall be bailable”.
[22]Substituted
by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966
(XVI of 1966).
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