Section 29 in The U.P. Pravidhik Shiksha (Admission Conduct of Examinations and Conferment of Certificates and Diplomas) Regulations, 1992
29. Use of unfair means and disciplinary action.
(1)If a candidate is found using unfair means in the examination the invigilator shall report such matter to the Superintendent of the centre. A written explanation shall be obtained from such an examinee on the prescribed charge-sheet and the Superintendent of the centre shall take into his possession all connected papers including the answer book and the materials but shall permit him to appear for the rest of the examination after giving him a fresh answer book. The Superintendent of centre shall immediately thereafter report the matter with full details of evidence and as per instructions of the Board to the secretary who shall place it before the Examination Committee for necessary action.(2)In case a candidate refuses to give a written explanation the fact of his/her refusal shall be recorded by the Superintendent witnessed by the last two invigilator on duty at the time of occurrence.(3)If a candidate is found talking to another candidate during the examination hours inside or outside the examination room/hall, the Superintendent shall record the statement of both candidates and the invigilator and send it to the Secretary of the Board with his/her comments.(4)A candidate found copying from notes written on any part of his/her clothing, body, desk or table or instrument like line rule, set squares, protectors, scales etc. who is guilty of swallowing or destroying any notes or paper found with his/her or is talking to a person or consulting notes or books outside the examination hall while going to or coming from urinal/w.e., shall be deemed to have used unfair means and action as proposed in Clause (d) shall be taken.(5)If a candidate fails to deliver his/her answer book to the supervisory staff before leaving the examination hall the Superintendent shall report the matter in full evidence to concerned police station and also a report shall be sent to the Secretary of the Board in a separate sealed cover.(6)If a candidate is found to use of unfair means which includes a candidate-(a)Before the start or during the examination writes either on the blotting paper / desk/ drawing instrument/desk slips/ admission card/any other piece of paper/question paper any solution of the question set in the paper complete or incomplete.(b)found guilty of passing during the examination a copy of question(s) set in the paper or a solution/answer complete or incomplete whereof to any one.(c)found possession of a complete or incomplete solution through connivance of any members of staff or some outside agency.(d)found guilty of smuggling in an answer book/continuation sheet taking out or arranging to send out or sent out.(e)found guilty of using abusive or obscene language or influencing the examiner by writing or by any means.(f)found guilty of possessing an unauthorised paper of any kind/note book or any other material either in pocket or person or inside or outside the desk seat shall be deemed to have adopted unfair means, and as such the Superintendent of the examination centre shall act in accordance with sub-regulation (1).(g)found guilty of having adopted unfair means covered by sub-regulations (2) to (5) and Clauses (a) to (f) above.(7)An examiner discovering that any candidate has used unfair means at the examination shall immediately report the matter to the Secretary who shall place it before the Examination Committee for necessary action.(8)Where the Secretary receives a report against any candidate(s) or instruction(s) regarding the use of unfair means by him from any source other than the source referred to in sub-regulation (1) and (6) above the Secretary may appoint a Screening Committee of experts to go through the answer books of such candidates of that institution and place the matter along with the report of the Screening Committee of Experts if so appointed, before the Examination Committee for necessary action.(9)To avoid impersonation, all candidates, regular and private appearing for the Board examination shall be required to have in their possession, of admission card and their own identity cards, passport size photograph posted therein, and duly certified by the Principal of the institution to which they belong.(10)All cases of impersonation shall be reported by the Superintendent together with the evidence which lead to this conclusion must be reported to local police and also matter may be referred to the Secretary of the Board.(11)A candidate who refuses to obey the Superintendent/Invigilator of the examination Centre/room and changes his/her seat with another candidate and/or deliberately write another candidates roll number in his/her answer book and/or creates disturbance of any kind during the examination and/or otherwise misbehaves in the examination hall is liable to be turned out from the examination hall by Superintendent and his/her answer book along with a report with full recorded reasons shall separately be sent to the Secretary. In case candidate continues to disturb the conduct of examination, the Superintendent shall use the magisterial powers delegated to him and act accordingly.(12)A candidate to have committed an act of indiscipline which includes subjecting of any physical assault on Centre Superintendent and/or Invigilator or any staff connected with the conduct of an examination in their period prior to the commencement and of two months immediately following the close of such examination, declaration of results of such examination shall be deemed to be an offence under sub-sections (1) and (2) of Section 21 of the Act the matter shall be reported to the Secretary with the proper and full, evidence and thereupon the case(s) shall be put up before the examination committee(13)In all the above cases and in cases where an examinee has concealed any fact or make a false statement in his application form or has committed a breach of rules to secure undue admission in an examination had committed fraud (including impersonation) at the Examination or is guilty of moral offence, indiscipline, the Examination Committee shall determine the punishment to be awarded in that case and the decision of the Examination Committee shall be final subject to the provisions of sub-clause (e) of Clause (i) of sub-section (2) and subsection (1-A) of Section 13 of the Act.The committee may award penalty which may be one or more of the following :(1)Withdrawal of Diploma/Certificate of having passed the examination.(2)Cancellation of the Examination.(3)Exclusion from the ensuing Examination.(4)Withdrawal of certificate of having passed or cancellation of or exclusion from subsequent examination including higher examination of the Board.(5)Deduct up to 40 per cent of the marks obtained by the students in each subject of the examination.(14)The Examination Committee/Result Committee pending inquiry in cases where use of unfair means has been resorted to attempted or suspected to have been resorted to or attempted, may withhold the examination results of such candidates.(15)If in the opinion of the Examination/Result Committee a candidate(s) is/are found to have used unfair means or suspected to have used unfair means, whether reported by the Centre Superintendent/ Examination Committee or not, or have concealed any fact or made a false statement in his application forms or rules to secure undue admission to an examination or has/had committed fraud (including impersonation) at the examination or is/was guilty of a moral offence or indiscipline, the Examination/Results Committee pending inquiry may withhold his result and/award one or more of the punishments mentioned above.(16)During the period of punishment such candidates shall not be eligible for admission to any of the institute/examination both for lower /higher semester/year.(17)If a candidate wants to make an appeal to the court of law against the decision of the Examination Committee, he/she can do so within 90 days for the date of decision of the Examination Committee and subject to jurisdiction of Lucknow.
