Pakistan (Punjab) Legislation

THE PUNJAB PUBLIC SERVICE COMMISSION EXAMINATION REFORMS ACT, 1977

(Pb Act X of 1977)

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Punishment for malpractices.

4. Offences to be cognizable and bailable.

5. Unpubished records to be privileged documents.

6. Official information not to be asked for by courts.

^[1]THE PUNJAB PUBLIC SERVICE COMMISSION EXAMINATION REFORMS ACT, 1977

(Pb Act X of 1977)

[21 June 1977]

An Act to provide for the eradication of malpractices in connection with examinations held by the Punjab Public Service Commission

Preamble.-- WHEREAS it is expedient to provide for the eradication of certain malpractices in connection with the examinations held by the Punjab Public Service Commission;

It is hereby enacted as follows:-

1. Short title, extent and commencement.-- (1) This Act may be called the Punjab Public Service Commission Examination Reforms Act, 1977.

(2) It shall extend to the whole of the Province of the Punjab.

(3) It shall come into force at once.

2. Definitions.-- In this Act, unless there is anything repugnant in the subject or context:-

(a) "abetment" shall have the same meaning as assigned to it in the Pakistan Penal Code (XLV of 1860);

(b) "answer-book" means the document containing the answer or answers as given by a candidate during an examination to the question or questions contained in the question paper meant for the said examination and includes a part of an answer-book;

(c) "candidate" means a person who has applied for admission to an examination or has appeared as an examinee at any such examination;

(d) "Commission" means the Punjab Public Service Commission;

(e) "employee" means a person employed by the Commission permanently or temporarily either gratis or for remuneration;

(f) "examination" means an examination held by the Commission;

(g) "examiner" means a person appointed by the Commission for the purpose of examining and assessing the answer-books of a candidate or his ability through a written or oral examination and award marks therefor, and includes a person appointed to check the standard of marking of such examiner and to instruct him in assessing the marks to be awarded by him;

(h) "premature disclosure of a question or question paper" means a disclosure of a question or any of the questions contained in a question paper before the time at which the question or the question paper containing the question has to be communicated to a candidate in accordance with the procedure prescribed by the Commission; and

(i) "question paper" means a document containing the question or questions to be put at an examination for being answered by the candidate.

3. Punishment for malpractices.-- Whoever is guilty of--

(i) premature disclosure of a question or question paper knowing that such question or question paper is to be put or set at an examination written or oral; or

(ii) printing, cyclostyling, typing or publishing for sale or purchase in any form whatsoever, of a guess paper or guess question pertaining or purporting to pertain to questions to be put or set at any examination written or oral, to be conducted by the Commission; or

(iii) replacement of an answer book or any portion thereof; or

(iv) awarding, with dishonest motive, marks more or less than the marks deserved by a candidate, if the person doing so is an examiner; or

(v) recording in any document, with dishonest motive, marks more or less than the marks awarded to a candidate by the examiner concerned; or

(vi) supplying to a candidate during his examination answer to a question contained in the question paper or a question put or to be put at an oral examination; or

(vii) Impersonation for a candidate; or

(viii) causing another person to impersonate for him; or

(ix) mutilation, alteration, interpolation or erasure in any certificate or other document or any record maintained by the Commission, or in any manner using or causing to be used a certificate, document, or record knowing that it is so mutilated, altered, interpolated or erased; or

(x) divulging or procuring information pertaining to the Commission's examination papers, answer books, examiners, conduct of examinations, fictitious roll numbers, examination results or any information incidental thereto; or

(xi) falsification of official examination results by any means including substitution of answer books, mutilation, alteration or falsification of the Commission's records; or

(xii) impeding the progress of examination at any examination centre by any means whatsoever; or

(xiii) assaulting or threatening any person incharge of an examination centre or any other person employed in connection with an examination; or

(xiv) approaching or influencing any employee of the Commission to act corruptly or dishonestly in the conduct of any examination, declaration of any examination result or marking of papers, or obtaining secret information relating to any examination; or

(xv) attempting or abetting the commission of any of the aforesaid acts;

shall be punished with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to rupees one thousand, or with both.

4. Offences to be cognizable and bailable.-- Notwithstanding any provision contained in the Code of Criminal Procedure (Act V of 1898), or any other law for the time being in force, all offences under this Act shall be bailable and shall be cognizable by the police only on a report made by the Secretary of the Commission or such other official of the Commission as may be specially authorised by the Commission in this behalf.

5. Unpubished records to be privileged documents.-- No employee shall give evidence of any fact relating to unpublished records of the Commission or produce any document pertaining to the affairs of the Commission except with the previous written sanction of the Chairman of the Commission who may give or withhold such permission in his discretion.

6. Official information not to be asked for by courts.-- No employee shall be compelled to give evidence relating to communications made to him in the course of his employment or information which came to his knowledge as such employee, except with the previous written permission of the Chairman, who shall give or withhold such permission as he thinks fit.