N.-W.F.P. Conduct of Examinations (Eradication of Malpractices) Ordinance 1995

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**NORTH‑WEST FRONTIER PROVINCE CONDUCT OF EXAMINATIONS (ERADICATION OF MALPRACTICES) ORDINANCE:**1995

'An Ordinance to provide for eradication of malpractices in examinations to be conducted by Universities

and Boards in the North‑West Frontier Province

[Gazette of N: W.F.P., Extraordinary, 18th May, 1995]

No.Legis: 1(8)/94./3169‑73, dated 18‑5‑1995. The following Ordinance by the Governor of the North‑West Frontier Province is hereby published for general information:‑‑.

Preamble.‑‑Whereas it is expedient to provide for the eradication of malpractices in examinations to be .conducted by Universities and Boards in the North‑West Frontier Province;

And whereas the Provincial Assembly is not in session and the Governor of the North‑West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 128 of. the Constitution of the Islamic Republic of Pakistan, the Governor of the North‑West Frontier Province is pleased to make and promulgate the following Ordinance:

  1. **Short title, extent and commencement.‑(1)**This Ordinance may be called the North‑West Frontier Province Conduct of Examinations (Eradication of Malpractices) Ordinance, 1995.

(2) It shall come into force at once.

(3) It shall extend to whole of the North‑West Frontier Province.

  1. Definitions.‑‑In this Ordinance, 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, 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) "Board" means a Board of Intermediate and Secondary Education or a Board of Technical Education, as the case may be, established by law in the Province of the North‑West Frontier;

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

(e) "employee" means any person employed by the University or a Board, permanently or temporarily either gratis or for remuneration, whether associated or not with the conduct of an examination;

(f) "examination" means an examination held by a University or a Board for the purpose of examining candidates for the grant of certificates, diplomas or degrees, as the case may be;

(g) "examiner" means a person appointed by a University or a Board for the purpose of examining and assessing the answer books of a candidate or his ability through a written or oral examination and awards of marks therefore and includes a person appointed to check the standard of marking of such examiner;

(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 papers containing the questions has to be communicated to a candidate in accordance‑ with the procedure prescribed by a University or a Board;

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

(j) "University" means a University established by law in the Province of the North‑West Frontier.

  1. Punishment for malpractices:‑Whoever is guilty of‑‑

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

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

(iii) awarding with dishonest motive marks more or less than the marks deserved by a candidate, or recording in any document with dishonest motive marks more or Jess than marks awarded to a candidate;

(iv) 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 any oral examination; or

(v) mutilation, alteration, interpolation or erasure in any certificate or other document or any record maintained by a University or a Board, 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

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

(vii) falsification of official examination results by any means including substitution of answer books, mutilation, alteration or falsification of record maintained by a Board or a University; or

(viii) impeding the progress of examination at an examination centre by any means whatsoever, or assaulting or threatening, with a view to gaining any advantage in the examination, any person in charge of an examination centre or any other person employed in connection with an examination; or

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

(x) appointing supervisory/secrecy staff for carrying out examination duty in contravention of standing rules/instructions; or

(xi) issuing of the Roll No. slip without specifically indicating the centre of the examination; or

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

shall be punished with imprisonment for a term which may extend to ten years or with fine which may extend to one million rupees or with both.

  1. Complaint of offences.‑‑The Registrar of the University concerned, or, as the case may be, the Chairman of the Board concerned, and the Secretary to Government of the North‑West Frontier Province, Education Department or his nominee, shall, on a complaint or suo motu, initiate criminal proceedings against the offenders committing an offence under this Ordinance.

  2. Unpublished records to be privileged documents.‑‑Noemployee of University or a Board shall give evidence of any fact relating to unpublished record or produce any document pertaining to the affairs of a University or a Board, except with the previous written permission of the Registrar of the University or the Chairman of the Board concerned, as the case may be, who may give or withhold such permission in his discretion.

  3. Non‑discloure of information to Courts without permission.‑‑No employee of a University or a Board shall give evidence in any Court of Law regarding communications made to him in the course of his employment or of information in his possession which comes to his knowledge by reason of employment by a University or a Board except with the previous written permission of the Registrar for the University concerned, or, as the case may be, the Chairman of the Board concerned.

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