Definition

§2

Summary

2. (1) In this Act, unless the context otherwise requires, --- (a) "conduct of public examination" includes preparation, coding, de coding, printing, collecting, safe custody and distribution of question paper, supervision of public examination, evaluation of answer sheet, declaration of result and other matters connected therewith; (b) "examinee" means a person who has been granted permission by examination authority to appear in a public examination and includes a person authorised to act as scribe on his behalf in public examination; (c) "examination authority" in relation to public examination includes , (i) Uttar Pradesh Public Service Commission ; (ii) Uttar Pradesh Subordinate Services Selection Commission ; (iii) Board, University, Authority or Body under any law for the time being in force ; (iv) any agency or recruitment committee engaged or constituted by the aforesaid Commission, Board, University, Authority or Body ; and (v) any other authority, agency or recruitment committee constituted, declared or engaged by the State Government from time to time for conducting public examination. (d) "examination centre" means premises specified by examination authority to conduct public examination; (e) "inspection team" means persons authorized by the examination authority to inspect any examination centre and submit report thereof to examination authority; (f) "person associated with examination authority" means a person who performs services for or on behalf of examination authority irrespective of whether such persons is an employee or an agent or associated with it in any manner whatsoever; (g) "public examination" includes ,-- (i) any examination either qualifying or competitive for recruitment or regularization or promotion to any post in public service conducted by examination authority ; (ii) any examination conducted by board, university or body under any law for the time being in force either qualifying or competitive for awarding or granting any degree, diploma, certificate or any other academic distinction or for qualifying for admission into any course of study ; and (iii) any other examination declared by the State Government by notification to be a public examination. (h) "public service" means services in any office or establishments of, --- (a) the State Government ; (b) a local authority ; (c) a corporation or undertaking wholly owned or controlled by the State Government ; (d) a body established under any law for the time being in force in Uttar Pradesh, whether incorporated or not, including a University ; and (e) any other body established by the State Government or a society registered under law relating to the registration of societies for the time being in force, and receiving funds from the State Government either fully or partly for its maintenance, or any educational institution, whether registered or not, but receiving aid from the State Government. (i) "solver gang" means person or group of persons who individually or collectively in one or more public examinations, --- (i) impersonate himself to be genuine examinee in public examination and appear or attempt to appear in such public examination as genuine examinee; or (ii) acquire any question paper or a part of it or a copy of it, relating to public examination either physically or by any other means before or during conduct of such public examination , --- (a) to solve or attempt to solve or provide assistance to solve such question paper for providing wrongful gain or assistance to one or more examinees of such public examination ; or (b) for providing wrongful gain or assistance to one or more examinees of such public examination directly or indirectly in any manner whatsoever which includes means of communication or other modern technology ; or (iii) involve in any manner whatsoever for providing wrongful gain to examinee. (j) "supervisory staff" includes persons authorised by examination authority to conduct public examination; (k) "unfair means" ,--- (i) in relation to an examinee while answering questions in a public examination includes ,--- (a) to take unauthorised help from any person directly or indirectly, or from any material written, recorded, copied, printed or re-produced in any form whatsoever, or the use of any unauthorised telephonic, wireless, electronic, mechanical or other instrument or gadget of whatsoever nature ; or (b) any mark or impression intentionally inscribed on any part of the body or apparel of the examinee, or furniture, fixture or fitment in examination hall which can be used as an aid during public examination. (ii) in relation to any person other than examinee includes ,-- (a) to impersonate or leak or attempt to leak or conspire to leak or procure or attempt to procure or possess or attempt to possess question papers unauthorizedly ; or (b) to solve or attempt to solve or provide assistance to solve question paper, or directly or indirectly assist any examinee in any manner whatsoever, in any public examination for wrongful gains to the examinee ; (c) to tamper with computer network or computer resource or a computer system in the public examination for wrongful gain to examinee. Explanation- For the purposes of sub- clause (c), words "computer network," "computer resource" and "computer system" shall have same meanings as respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of the Information Technology Act, 2000 (Act no. 21 of 2000); (iii) creation of fake website to cheat or for monetary gain ; (iv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain ; (v) circulating fake question paper as genuine question paper before the examination with the intention of gaining unfair monetary gain and material benefits. (2) Words and expressions used herein and not defined but defined under any other law for the time being in force shall have the same meaning as respectively assigned to them in those laws.

2. (1) In this Act, unless the context otherwise requires, --- (a) "conduct of public examination" includes preparation, coding, de coding, printing, collecting, safe custody and distribution of question paper, supervision of public examination, evaluation of answer sheet, declaration of result and other matters connected therewith; (b) "examinee" means a person who has been granted permission by examination authority to appear in a public examination and includes a person authorised to act as scribe on his behalf in public examination; (c) "examination authority" in relation to public examination includes , (i) Uttar Pradesh Public Service Commission ; (ii) Uttar Pradesh Subordinate Services Selection Commission ; (iii) Board, University, Authority or Body under any law for the time being in force ; (iv) any agency or recruitment committee engaged or constituted by the aforesaid Commission, Board, University, Authority or Body ; and (v) any other authority, agency or recruitment committee constituted, declared or engaged by the State Government from time to time for conducting public examination. (d) "examination centre" means premises specified by examination authority to conduct public examination; (e) "inspection team" means persons authorized by the examination authority to inspect any examination centre and submit report thereof to examination authority; (f) "person associated with examination authority" means a person who performs services for or on behalf of examination authority irrespective of whether such persons is an employee or an agent or associated with it in any manner whatsoever; (g) "public examination" includes ,-- (i) any examination either qualifying or competitive for recruitment or regularization or promotion to any post in public service conducted by examination authority ; (ii) any examination conducted by board, university or body under any law for the time being in force either qualifying or competitive for awarding or granting any degree, diploma, certificate or any other academic distinction or for qualifying for admission into any course of study ; and (iii) any other examination declared by the State Government by notification to be a public examination. (h) "public service" means services in any office or establishments of, --- (a) the State Government ; (b) a local authority ; (c) a corporation or undertaking wholly owned or controlled by the State Government ; (d) a body established under any law for the time being in force in Uttar Pradesh, whether incorporated or not, including a University ; and (e) any other body established by the State Government or a society registered under law relating to the registration of societies for the time being in force, and receiving funds from the State Government either fully or partly for its maintenance, or any educational institution, whether registered or not, but receiving aid from the State Government. (i) "solver gang" means person or group of persons who individually or collectively in one or more public examinations, --- (i) impersonate himself to be genuine examinee in public examination and appear or attempt to appear in such public examination as genuine examinee; or (ii) acquire any question paper or a part of it or a copy of it, relating to public examination either physically or by any other means before or during conduct of such public examination , --- (a) to solve or attempt to solve or provide assistance to solve such question paper for providing wrongful gain or assistance to one or more examinees of such public examination ; or (b) for providing wrongful gain or assistance to one or more examinees of such public examination directly or indirectly in any manner whatsoever which includes means of communication or other modern technology ; or (iii) involve in any manner whatsoever for providing wrongful gain to examinee. (j) "supervisory staff" includes persons authorised by examination authority to conduct public examination; (k) "unfair means" ,--- (i) in relation to an examinee while answering questions in a public examination includes ,--- (a) to take unauthorised help from any person directly or indirectly, or from any material written, recorded, copied, printed or re-produced in any form whatsoever, or the use of any unauthorised telephonic, wireless, electronic, mechanical or other instrument or gadget of whatsoever nature ; or (b) any mark or impression intentionally inscribed on any part of the body or apparel of the examinee, or furniture, fixture or fitment in examination hall which can be used as an aid during public examination. (ii) in relation to any person other than examinee includes ,-- (a) to impersonate or leak or attempt to leak or conspire to leak or procure or attempt to procure or possess or attempt to possess question papers unauthorizedly ; or (b) to solve or attempt to solve or provide assistance to solve question paper, or directly or indirectly assist any examinee in any manner whatsoever, in any public examination for wrongful gains to the examinee ; (c) to tamper with computer network or computer resource or a computer system in the public examination for wrongful gain to examinee. Explanation- For the purposes of sub- clause (c), words "computer network," "computer resource" and "computer system" shall have same meanings as respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of the Information Technology Act, 2000 (Act no. 21 of 2000); (iii) creation of fake website to cheat or for monetary gain ; (iv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain ; (v) circulating fake question paper as genuine question paper before the examination with the intention of gaining unfair monetary gain and material benefits. (2) Words and expressions used herein and not defined but defined under any other law for the time being in force shall have the same meaning as respectively assigned to them in those laws.

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