Maha government introduces bill to prevent document leaks, with provisions for jail terms and heavy fines

Bombay: Amid a raging controversy over NEET question paper leaks, the Maharashtra government on Friday introduced a bill in the Assembly titled ‘Maharashtra Competitive Examinations (Prevention of Unfair Means) Act, 2024’ with stringent punishment for those found guilty of unfair means and malpractices.

The bill, introduced by Minister Shambhuraj Desai, has been drafted on the lines of the Public Examinations (Prevention of Unfair Means) Act, 2024.

The offences covered by the bill will be identifiable, non-bailable and non-transactionable.

The bill aims to prevent unfair means in competitive examinations, bring more transparency, fairness and credibility and reassure youth that their sincere and genuine efforts will be fairly rewarded and their future is secure.

The bill proposes stringent measures against individuals, organized groups or institutions that engage in various unfair means and undermine the competitive examination system to obtain monetary or unjustified gains.

Any person resorting to unfair means and offences shall be punished with imprisonment for a term which may extend to three years but which may extend to five years and with fine which may extend to Rs 10 lakh.

The service provider will be liable to fine up to Rs 1 crore and the proportionate cost of the examination will also be recovered from such service providers and they will be barred from being entrusted with any responsibility for conducting any competitive examination for four years.

Further, a term of imprisonment of not less than three years which may extend up to 10 years and a fine of Rs. 1 crore is proposed for the offence committed with the consent or connivance of any director, management or persons in charge of the service provider companies.

If any person or group of persons, including those belonging to the competitive examination authority or the service provider or any other institution, commits an organised crime, he or she shall be punished with imprisonment for a term of not less than five years which may extend to ten years and with fine of not less than Rs. 1 crore.

No person charged with or engaged in work relating to the competitive examination or the conduct of the competitive examination or who is not a candidate may enter the premises of the Examination Centre with the intention of disrupting the conduct of the competitive examination.

An officer with a rank of at least deputy superintendent of police or assistant commissioner of police must investigate the offence covered by the bill.

In case of non-payment of the fine, additional imprisonment will be imposed as per the provisions of the Bharatiya Nyaya Sangita, 2023.

Unfair means relating to the conduct of a competition include any act or omission done or made by a candidate or by a person or group of persons or institutions with a view to pecuniary or illicit gain.

The punitive provisions of the Bill will cover direct or indirect involvement of any candidate himself or with the support of any other person in any competitive examination or illegal use of any written, non-written, quoted, copied, printed material, material obtained from electronic or computer gadgets or use of any unfair and other unauthorized aid or use of any unauthorized electronic or mechanical device or gadget in the examination.

The Bill will apply to examinations conducted by the Maharashtra Public Service Commission, by any other selection authority or board, by any service provider or by any institution authorised by the Government to conduct competitive examinations from time to time, or by any government department. The Teachers’ Aptitude and Intelligence Test and the Teachers’ Eligibility Test conducted by the Maharashtra State Board of Examinations will also be covered under the Bill.

The government argued that in the modern era, competitive examinations play a crucial role in merit-based selection and ensuring equal opportunities in education and employment. Malpractices in competitive examinations lead to delays and cancellations of examinations, which adversely impact the prospects of millions of youth, which is contrary to the concept of equal opportunities for candidates and transparency in competitive examinations.

“Currently, there is no specific substantive law to address the unfair means adopted or violations committed by various entities involved in the conduct of competitions. Therefore, it is imperative that elements that exploit the vulnerabilities of the examination system are identified and effectively addressed through state competition legislation,” the draft law reads.

(IANS)