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  "title": "PUNJAB UNIVERSITIES AND BOARDS OF INTERMEDIATE AND SECONDARY EDUCATION MALPRACTICES ACT, 1950",
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  "text": "THE UNIVERSITIES AND BOARDS OF INTERMEDIATE AND \r\nSECONDARY EDUCATION MALPRACTICES ACT, 1950 \r\n(XXXII of 1950) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Punishment for Malpractices, etc. \r\n3A. General Provision. \r\n4. Offence to be cognizable and bailable. \r\n5. Unpublished records to be privileged documents. \r\n6. Official inform ation not to be asked for by courts from University and \r\nBoard employees. \r\n \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[UNIVERSITIES AND BOARDS OF INTERMEDIATE AND \r\nSECONDARY EDUCATION] MALPRACTICES ACT, 1950 \r\n(XXXII of 1950) \r\n[21 November 1950] \r\nAn \r\nAct \r\nto provide for the eradication of malpractices in connection with \r\n3\r\n[Universities and \r\nBoards of Intermediate and Secondary Education] Examinations \r\nPreamble.– WHEREAS it is expedient to provide for the eradication of certain \r\nmalpractices in connection with examinations held by the \r\n4\r\n[Universities and Boards \r\nof Intermediate and Secondary Education]; \r\n AND WHEREAS  the Governor of the Punjab has, in pursuance of a \r\nproclamation issued\r\n5\r\n by the Governor-General of Pakistan under section 92 -A of the \r\nGovernment of India Act, 1935, assumed on behalf of  the Governor -General all \r\npowers vested in or exercisable by the Provincial Legislature; \r\n NOW, THEREFORE, in exercise of the powers so assumed, the Governor of \r\nthe Punjab is hereby pleased to enact as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\n6\r\n[Universities and Boards of Intermediate and Secondary Education] Malpractices \r\nAct, 1950. \r\n (2) It shall extend to the \r\n7\r\n[whole of the \r\n8\r\n[Province of the Punjab], except the \r\nTribal Areas]. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant to the subject or \r\ncontext:– \r\n                                                           \r\n1This Act was reserved by the Governor of the Punjab on October 9, 1950 for the consideration of the Governor -General who \r\nassented to it on November 9, 1950; and was published in the Punjab Gazette (Extraordinary), dated November 21, 1950, pp. \r\n275-277. \r\n2Substituted for the words “Punjab University” by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, \r\n1966 (XVI of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 4(i). \r\n3Substituted for the word “University” by the Ordinance ibid., s. 2. \r\n4Substituted for the words “University of the Punjab” by the Ordinance ibid., s. 3. \r\n5It was issued on January 24, 1949 and stood revoked on April 5, 1951. \r\n6Substituted for the words “Punjab University” by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, \r\n1966 (XVI of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 4(i). \r\n7Substituted for the word “Punjab” by the Ordinance ibid., s. 7. \r\n8Substituted for the words “Province of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974)(w.e.f. August \r\n14, 1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with \r\nSchedule. \r\n(a) “abetment” shall have the meaning assigned to it in the Pakistan Penal \r\nCode; \r\n(b) “answer book” means the document containing the answer or answers \r\nas given by a candidate during an examination to the question or \r\nquestions contained in the question paper meant for the said \r\nexamination and includes a part of an answer book; \r\n1\r\n[(bb) “Board” means a Board of Intermediate and Secondary \r\n2\r\n[or Technical] \r\nEducation established under any law for the time being in force in \r\n3\r\n[the \r\nPunjab] \r\n4\r\n[or any other examining body notified by the Government];] \r\n(c) “candidate” means a person who has applied for admission to an \r\nexamination or has appeared as an examinee at any such \r\nexamination; \r\n(d) “employee” means any person employed by \r\n5\r\n[a University or Board] \r\npermanently or temporarily either gratis or for remuneration; \r\n(e) “examination” means an examination held by \r\n6\r\n[a University or Board] for \r\nthe purpose of examining candidates for the gra nt of certificates, \r\ndiplomas or degrees; \r\n(f) “examiner” means a person appointed by \r\n7\r\n[a University or Board] for \r\nthe purpose of examining and assessing the answer books of a \r\ncandidate or his ability through a written or oral examination and award \r\nmarks therefor, and includes a person appointed to check the standard \r\nof marking of such examiner and instructing him in assessing the \r\nmarks to be awarded by him; \r\n(g) “premature disclosure of a question or question paper” means a \r\ndisclosure of a question or any of the questions contained in a question \r\npaper before the time at which the question or the question paper \r\ncontaining the question has to be communicated to a candidate in \r\naccordance with the procedure prescribed by the University  \r\n8\r\n[or the \r\nBoard concerned]; \r\n                                                           \r\n1Inserted by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966 (XVI of 1966), published in the \r\nGazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 5(i). \r\n2Inserted by the Punjab Universities and Boards of Intermediate and Secondary Education Malpractices (Amendment) \r\nOrdinance, 1999 (XLII of 1999), published in the Punjab Gazette (Extraordinary), dated August 9, 1999, pp.  975-977, s. 2(i), \r\nwhich will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding \r\nthe maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n3Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974)(w.e.f. August 14, 1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule. \r\n4Added by the Punjab Universities and Boards of Intermediate and Secondary Education Malpractices (Amendment) \r\nOrdinance, 1999 (XLII of 1999), published in the Punjab Gazette (Extraordinary), dated August 9, 1999, pp.  975-977, s. 2(ii), \r\nwhich will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding \r\nthe maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n5Substituted for the words “the University” by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966 \r\n(XVI of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 5(ii). \r\n6Ibid. \r\n7Ibid. \r\n8Added by the Punjab Universi ty Malpractices (West Pakistan A mendment) Ordinance, 1966 (XVI of 1966), published in the \r\nGazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 5(iii). \r\n(h) “question paper” means a document containing the question or \r\nquestions to be put at an examination for being answered by the \r\ncandidate; and  \r\n1\r\n[(i) “University” means a University established under any law for the time \r\nbeing in force in West Pakistan.]  \r\n2\r\n[3. Punishment for Malpractices, etc.– (1) Whoever is guilty of–  \r\n(i) possessing firearms or other implement capable of being used as \r\nweapon of offence in or around an examination centre; or  \r\n(ii) impersonating another who is a candidate for an examination; or  \r\n(iii) forging, mutilating, altering, erasing or otherwise tampering with any \r\ndocument connected with an examination or making undue use of such \r\ndocument; or  \r\n(iv) premature disclosure of a question or question paper knowing that \r\nsuch question or que stion paper is to be put or set at an examination \r\nwritten or oral; or  \r\n(v) replacement of an answer book or any portion thereof; or  \r\n(vi) recording in any document with dishonest motive marks more or less \r\nthan the marks awarded to a candidate by the examin er concerned, if \r\nthe person doing so is other than the examiner; or  \r\n (vii) mutilation, alteration, interpolation or erasure in any certificate or other \r\ndocument or any record maintained by a University or Board or in any \r\nmanner using or causing to be used  as certificate, document or record \r\nknowing that it is so mutilated, altered, interpolated or erased; or  \r\n(viii) divulging or procuring information pertaining to a University or Board \r\nexamination papers, answer books, examiners, conduct of \r\nexaminations, fi ctitious roll numbers, examination results or any \r\ninformation incidental thereto; or  \r\n(ix) falsification of official examination results by any means including \r\nsubstitution of answer books, mutilation, alteration or falsification of \r\nUniversity or Board records; or  \r\n(x) impeding the progress of examination at any examination centre by \r\nany means whatsoever; or  \r\n(xi) assaulting or threatening any person incharge of an examination centre \r\nor any other person employed in connection with an examination; or  \r\n (xii) attempting or abetting the commission of any of the aforesaid acts, \r\nshall be punished with imprisonment for a term which may extend to \r\nthree years and with fine which may extend to fifty thousand rupees.  \r\n                                                           \r\n1Substituted by the Ordinance ibid., s. 5(iv). \r\n2Substituted by the Punjab Un iversities and Boards of Intermediate and Secondary Education Malpractices (Amendment) \r\nOrdinance, 1999 (XLII of 1999), published in the Punjab Gazette (Extraordinary), dated August 9, 1999, pp.  975-977, s. 3, \r\nwhich will remain in force under the Provisiona l Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding \r\nthe maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n (2) Whoever is guilty of–  \r\n(i) making false repre sentation in his admission form or any other \r\ndocument connected with an examination; or  \r\n(ii) giving or receiving any assistance for solving any part of a question \r\npaper or allowing any other candidate to copy from his answer book or \r\nattempting to do so; or  \r\n(iii) unauthorisedly copying or receiving assistance from any paper, book, \r\nnote or other source for answering a question; or  \r\n(iv) taking unauthorisedly the whole or a part of an answer book or a \r\ncontinuation sheet into or out of any examination centre; or  \r\n(v) awarding with dishonest motive marks more or less than the marks \r\ndeserved by a candidate, if the person doing so is an examiner; or  \r\n(vi) supplying to a candidate during his examination answer to a question \r\ncontained in the question paper or a question put or to be put at an oral \r\nexamination; or  \r\n (vii) approaching or influencing any employee to act corruptly or dishonestly \r\nin the conduct of any examination, declaration of any examination \r\nresult, or marking of papers, or obtaining secret informatio n relating to \r\nany examination; or  \r\n(viii) attempting or abetting the commission of any of the aforesaid acts shall \r\nbe punished with imprisonment for a term which may extend to two \r\nyears or with fine which may extend to twenty five thousand rupees or \r\nwith both.] \r\n1\r\n[3A. General Provision .– (1) The offences under section 3(2) of this Ordinance \r\nmay be tried summarily under the provisions of the Code of Criminal Procedure \r\n1898\r\n2\r\n.  \r\n (2) There shall be no appeal by a convicted person in cases which are \r\ntried summarily and a sentence of fine not exceeding one thousand rupees only is \r\npassed in respect of an offence under this Ordinance.] \r\n3\r\n[4. Offence to be cognizable and bailable .– Notwithstanding any provision \r\ncontained in the Code of Criminal Procedure, 1898\r\n4\r\n, or any  other law for the time \r\nbeing in force, an offence under this Act shall be cognizable by the police only on a \r\nreport made, in the case of an offence relating to a University or an examination held \r\nor to be held by a University, by the \r\n5\r\n[Vice Chancellor] of the University or such other \r\n                                                           \r\n1Added by the Punjab Universities and Boards of Intermedia te and Secondary Education Malpractices (Amendment) \r\nOrdinance, 1999 (XLII of 1999), published in the Punjab Gazette (Extraordinary), dated August 9, 1999, pp.  975-977, s. 4, \r\nwhich will remain in force under the Provisional Constitution (Amendment) Order 19 99 (9 of 1999), Article 4, notwithstanding \r\nthe maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n2IV of 1898. \r\n3Substituted by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966 (XVI of 1966), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 7. \r\n4IV of 1898. \r\n5Substituted for the word “Registrar” by the Punjab Universities and Boards of Intermediate and Secondary Educati on \r\nMalpractices (Amendment) Ordinance, 1999 (XLII of 1999), published in the Punjab Gazette (Extraordinary), dated August 9, \r\n1999, pp. 975-977, s. 5, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), \r\nofficer of the University as may be specially authorised by him in this respect in \r\nwriting, and in the case of an offence relating to a Board or an examination held or to \r\nbe held by a Board, by the Chairman of the Board or suc h other officer of the Board \r\nas may be specially authorised by him in this respect in writing, \r\n1\r\n[and the offences \r\nmentioned in section 3(1) shall be nonbailable while those mentioned in section 3(2) \r\nshall be bailable].] \r\n2\r\n[5. Unpublished records to be privi leged documents .– No employee shall \r\ngive evidence of any fact relating to unpublished records of the University or Board \r\nemploying him or produce any document pertaining to the affairs of such University \r\nor Board except, in the case of University records o r documents pertaining to the \r\naffairs of the University, with the previous written sanction of the Vice -Chancellor or \r\nthe Registrar of the University, and in the case of Board records or documents \r\npertaining to the affairs of the Board, of the Chairman of the Board, and the Vice -\r\nChancellor, the Registrar or the Chairman, as the case may be, may give or withhold \r\nsuch permission in his discretion.] \r\n3\r\n[6. Official information not to be asked for by courts from University and \r\nBoard employees.– No employee shall be compelled to give evidence in any court \r\nof law of communications made to him or information in his possession which comes \r\nto his knowledge by reason of his employment by a University or Board except, in \r\nthe case of a University employee, with the previo us written sanction of the Vice -\r\nChancellor or the Registrar of such University, and in the case of an employee of a \r\nBoard, with the previous written sanction of the Chairman of the Board, and such \r\nVice-Chancellor, Registrar or Chairman, as the case may be,  may give or withhold \r\nsuch sanction in his discretion.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                                                                                                                                                     \r\nArticle 5(i), notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic \r\nRepublic of Pakistan. \r\n1Substituted for the words “and every offence shall be bailable” by the Punjab Universities and Boards of Intermed iate and \r\nSecondary Education malpractices (Amendment) Ordinance, 1999 (XLII of 1999), published in the Punjab Gazette \r\n(Extraordinary), dated August 9, 1999, pp.  975-977, s.  5(ii), which will remain in force under the Provisional Constitution \r\n(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article \r\n128 of the Constitution of the Islamic Republic of Pakistan. \r\n2Substituted by the Punjab University Malpractices (West Pakistan Amendment) Ordinance, 1966 (XVI of 1966), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1047-1050, s. 8. \r\n3Ibid., s. 9.",
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