State tables stringent bill to prevent paper leaks

Mumbai The Maharashtra government tabled the Maharashtra Competitive Examination (Prevention of Unfair Means) Act, 2024 in the state assembly on Friday. The Act aims to prevent paper leaks and malpractices in competitive examinations.

The Act proposes stringent provisions, holding not only the individuals responsible but also the service provider or the company behind the paper leak. It proposes imprisonment of between three and five years and a fine ranging from ₹10 lakh to ₹one crore. HT was the first to report about the bill and its provisions on July 2.

A discussion on the bill is set to be held next week after which it will be tabled in the legislative council for approval. Once approved in both the Houses, the bill will become an Act and can be enforced from the day a notification is issued by the state general administration department.

The Act is specifically for competitive examinations conducted by the government and its departments such as Maharashtra Public Service Commission (MPSC), Teacher Aptitude and Intelligence Test (TAIT), Teacher Eligibility Test (TET) being conducted by the Maharashtra State Council for Examination among others.

The decision was taken in the backdrop of a nationwide controversy after the National Eligibility cum Entrance Test-Undergraduate (NEET-UG) results were declared that turned out to be a case of question paper leak. A similar case was registered in Maharashtra during a recruitment exam after a pattern was noticed on the admit card of a student. In another case, students were found scoring 214 out of 200 marks in the Talathi recruitment exam which was also subsequently canceled.

“All offenses under the law would be cognisable, non-bailable and non-compoundable. Any person found involved in illegal activities related to paper leaks would be jailed for 3-5 years and fined up to ₹10 lakh. In case they default on payment of fines, an additional jail term would be imposed based on provisions of the Bharatiya Nyay Sanhita, 2023,” states the bill.

“The service provider shall also be liable to pay a penalty up to ₹1 crore. Not only this, the proportionate cost of examinations shall be recovered from them and shall also be barred for a period of four years,” he adds.

The bill also says that if a person or institution or service provider is found colluding with others, it will be considered as an ‘organised crime’. In those cases, imprisonment shall be between three to ten years and a fine of ₹1 crore. “If an institution or service provider is involved in committing an organized crime, its property shall be subjected to attachment and forfeiture and proportionate cost of examination shall also be recovered from them,” it pointed out.

The act empowers the government to appoint an officer not below the rank of deputy superintendent of police or assistant commissioner of police to investigate the matter.

The state already has a law titled ‘The Maharashtra Prevention Of Malpractices At University, Board And Other Specified Examinations Act, 1982’ to tackle paper leaks. But it is limited to paper leaks in school, college, university exams and does not include competitive exams. The law is also quite old and does not address the use of modern technology in paper leaks.

Box:

What constitutes ‘unfair means’

Illegal use of any written, non-written, copied, printed material, material obtained from electronic or information technology gadgets.

Conduct of impersonation in the examination

Leakage of question or answer key or part of it

Participating in collusion with others

Accessing Optical Mark Recognition sheets without authority