The Public Examinations Prevention of Unfair Means Rules 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24062024-254883 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 319] NEW DELHI, MONDAY, JUNE 24, 2024/ASHADHA 3, 1946 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel And Training) NOTIFICATION New Delhi, the 23rd June, 2024 G.S.R. 342(E). In exercise of the powers conferred by section 16 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby makes the following rules, namely: - CHAPTER-I PRELIMINARY 1. Short title and commencement. - (1) These rules may be called the Public Examinations (Prevention of Unfair Means) Rules, 2024. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Definitions.- (1) In these rules, unless the context otherwise requires:- (a) 'Act' means the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024); (b) "centre coordinator" means a representative of the public examination authority deputed at public examination centre for coordination of activities of different service providers and public examination authority; and for overseeing the compliance of all norms or standards and guidelines notified for conduct of public examinations; (c) "guidelines" means the guidelines notified by the Central Government from time to time; (d) "norms or standards" means set of mandatory requirements with regard to the conduct of public examinations, as notified by the Central Government, from time to time; (e) "Regional Officer" means an officer-in-charge, not below the rank of Deputy Secretary to the Government, designated for the region, by the public examination authority; (f) "venue-in-charge" means a person nominated by the examination conducting service provider to supervise, coordinate and manage the activities of different service providers and to ensure that the norms or standards and the guidelines notified for conduct of public examination are complied with. (2) Words and expressions used herein but not defined and defined under any other law for the time being in force, shall have the same meaning as assigned to them in those Acts. CHAPTER II ENGAGEMENT OF SERVICES OF OTHER GOVERNMENT AGENCIES BY THE PUBLIC EXAMINATION AUTHORITY 3. Engagement of services of other government agencies by public examination authority.- (1) When a public examination authority engages the services of another public examination authority for conduct of public examination, the latter public examination authority shall not be covered under the definition of ‘service provider': (2) The schools, educational institutions and other premises owned or controlled by the Central Government or State Government, Public Sector Undertakings, autonomous bodies and other Government Organisations shall not be covered under the definition of 'service provider'. (3) If it is established that the staff (including contractual staff) of the institutions referred to in sub rule (2) resorts to unfair means or commits an offence, he shall be dealt with in accordance with the relevant provisions of the Act. CHAPTER-III COMPUTER BASED TEST 4. Computer Based Test.- (1) The computer based test includes activities, such as registration of candidates, allocation of centres, issue of admit cards, opening and distribution of question papers at public examination centres, evaluation and final recommendations. (2) The opening and distribution of question papers, in relation to computer based test means downloading the question paper from the main server to the local server in the public examination centre, as authorized by the public examination authority, uploading and digitally transferring the question papers from the local server to individual computers authorised for the candidates in the concerned public examination centres. CHAPTER-IV NORMS, STANDARDS AND GUIDELINES FOR THE COMPUTER BASED TEST 5. Preparations of norms, standards and guidelines.- (1) The National Recruitment Agency, on behalf of the Central Government, shall in consultation with the stakeholders, prepare norms, standards and guidelines for the computer based test mode of examination, which shall be notified by the Central Government. (2) The norms, standards and guidelines shall cover physical and digital infrastructure and activities which include - (a) standard operating procedure for registration of public examination centres; (b) space requirement within the computer based test centres; (c) layout of the seating arrangement; (d) specifications and layout of computer nodes; (e) specifications for the server and network infrastructure; (f) specifications for electronic platform for conduct of computer based test; (g) pre-examination activities, such as pre-audit for the examination readiness of the public examination centres; (h) candidate check in, biometric registration, security and screening; (i) seat allocation; (j) question paper setting and loading; (k) invigilation in the examination; (1) post examination activities; checklist and declarations; (m) guidelines for providing scribes; and (n) any other activity associated with conduct of public examination. CHAPTER-V CENTRE COORDINATOR FOR PUBLIC EXAMINATION 6. The public examination authority may avail services of serving or retired employees of the Central Government, State Government, Public Sector Undertakings, Public Sector Banks, Government Universities, autonomous bodies and other Government Organisations for assigning duty as Centre Coordinator or any other public examination related duties. CHAPTER-VI REPORTING OF INCIDENTS OF UNFAIR MEANS OR OFFENCES 7. Reporting of incidents of unfair means or offences.- (1) If any incident of unfair means or offence in connection with the conduct of public examination occurs, the venue-in-charge shall prepare a report along with his findings in Form 1. The report in Form 1 shall be sent to the Regional Officer through Centre Coordinator. If a prima facie case is made out for filing of First Information Report, the venue-in-charge shall take necessary action. Regional Officer may review the report received and cause appropriate action to be taken, which may include filing of First Information Report. (2) In case, persons, below the level of Management or Board of Directors of the service provider, resort to unfair means or commit an offence or are involved in facilitating an offence, or fail to report the incident as per sub- section (2) of section 8 of the Act, the Centre Coordinator shall report the matter to the Regional Officer in Form 2. The Regional Officer shall enquire and if satisfied that representative of any service provider at examination center level is involved, he shall direct the Centre Coordinator to file the First Information Report. In case, the Regional Officer arrives at a conclusion that no First Information Report is required to be filed, he shall record reasons therefor. (3) In case, the Regional Officer concludes that, prima facie, there is involvement of Management or Board of Directors of service provider, he shall report the details of the incident, enclosing his findings, along with Form 2 to the public examination authority. (4) The cases referred in sub-rule (3) shall be referred to a committee to be constituted by the public examination authority which shall examine the report of the Regional Officer and submit its findings to the public examination authority for appropriate decision. (5) The committee referred to in sub-rule (4), shall comprise of a senior official from the public examination authority, an expert member to be nominated by the public examination authority and a member from the Ministry or Department (not below the rank of Director) to which the public examination authority reports. (6) All incidents of unfair means or offence in connection with the conduct of public examination shall be reported to the public examination authority by Regional officer along with the details of action taken from time to time. CHAPTER-VII PROCEDURE TO BE FOLLOWED IN RESPECT OF PUBLIC SERVANT 8. Procedure to be followed in respect of public servant.- (1) The public examination authority, on receipt of report of Regional officer or otherwise, regarding the actions of a public servant deputed for conduct of public examination shall examine whether anything done in conduct of public examination by the public servant was in good faith as referred to in section 14 of the Act. (2) A committee may be constituted by the public examination authority for the purpose of sub rule (1), which shall be headed by an officer not below the rank of Joint Secretary or equivalent and shall comprise of one senior officer from the public examination authority and an expert to be nominated by the public examination authority (3) The Committee shall examine all relevant information and submit its finding to the public examination authority for appropriate action. CHAPTER-VIII MONITORING 9. Every public examination authority shall set up a mechanism for monitoring the implementation of provisions of the Act. FORM -1 [See rule 7] FORMAT FOR REPORTING OF UNFAIR MEANS OR OFFENCE BY VENUE IN CHARGE PART 1: PRELIMINARY DETAILS 1. Name of public examination authority 2. Details of public examination (including date and location of centre): 3. Name and identity of complainant (Attach copy of identity proof) 4. Date and place of occurrence of unfair means or offence: PART 2: DETAILS OF UNFAIR MEANS OR OFFENCE 1. Details of unfair means or offence 2. Details of persons involved: PART 3: MATERIAL (EVIDENCES) AVAILABLE Copy of complaint, other documents, evidence or any other relevant material available with reference to the unfair means or offence PART 4: PARTICULARS OF WITNESSES Details (Name, address, contact details and identity proof) PART 5: FINDINGS 1. Whether filing of First Information Report is required and reasons thereof 2. Any other recommendation/ remark 3. Date and time of sending the report to the Centre Coordinator (Signature) Name and complete details of Venue-In-Charge FORM -2 [See rule 7] FORMAT FOR USE BY CENTRE COORDINATOR FOR REPORTING OF UNFAIR MEANS OR OFFENCE IN CASE SERVICE PROVIDER OR A PUBLIC SERVANT IS INVOLVED PART 1: PRELIMINARY DETAILS 1. Name of public examination authority 2. Details of public examination (including date and location of centre) 3. Details of service provider 4. Name and identity of complainant (Attach copy of Identity proof) PART 2: DETAILS OF UNFAIR MEANS OR OFFENCE 1. Name of person(s) of service provider involved 2. Name of the public servant(s) involved 3. Details of unfair means or offence PART 3: MATERIAL (EVIDENCES) AVAILABLE Copy of complaint, documents, evidence or any other material available with reference to unfair means or offence PART 4: PARTICULARS OF WITNESSES Details (Name, address, contact details and identity proof) PART 5: RECOMMENDATION FOR REGIONAL OFFICER (Signature) Name and full details of Centre Coordinator (Date and time of sending report to Regional Officer) [F.No. 39020/12/2023-PP(B.I)] MANOJ KUMAR DWIVEDI, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.