Section 43 in The Gujarat Secondary and Higher Secondary Education Act, 1972
43. Penalty for closure of particulars of certain documents.
(1)All particulars contained in a question paper, answer-book, mark-sheet or any other prescribed document relating to the examinations conducted by the Board shall be treated as confidential for such period as may be prescribed in relation to any particulars contained in any such document.(2)If during the period prescribed in relation to any particulars under sub-section (1), any person having in his possession any document containing such particulars or information about any such particulars-(a)wilfully communicates any such particulars to any person other than a person to whom he is authorised to communicate; or(b)uses such particulars in a manner prejudicial to the secrecy thereof, or(c)retains such document in his possession or control when he has no right to retain it or where it is contrary to his duty to retain it or wilfully fails to comply with any direction issued by a lawful authority with regard to the return or disposal of such document; or(d)fails or neglects to take reasonable case of, or so conducts himself as to endanger of the secrecy of such document, shall be guilty of an offence under this section.(3)If during the period prescribed in relation to any particulars under sub-section (1) any person voluntarily receives any information about any such particulars, knowing or having reasonable ground to believe, at the time when he receives it that such information is communicated in contravention of this Act, he shall be guilty of an offence under this section.(4)A person guilty of an offence under this section shall, on conviction be punishable with imprisonment for a term [which shall not be less than three years but which may extend to five years or with fine which may extend to rupees two lakhs] [Substituted 'which may extend to two years or with fine which may extend to two hundred rupees' by Gujarat Act No. 15 of 2018, dated 5.10.2018.] or with both.
