The Jharkhand government is set to table The Jharkhand Competitive Examination (Measure for Control and Prevention of Unfair Means in Recruitment) Bill, 2023, in an effort to crack down on use of unfair means and irregularities in examinations and plug incidents of question paper 'leaks'. Among others, the draft Bill, which is likely to be tabled in the ongoing monsoon session of the Assembly, proposes imprisonment of up to life and a fine of up to Rs 10 crore for people involved in the examination process — such as those involved in printing question papers and employees of examination authorities. Sources said a key purpose of the Bill is to ensure examinations for government jobs are conducted in a time-bound manner. The draft Bill, it is learnt, says that an examinee, if caught cheating or making another examinee cheat, could be sentenced for a period up to three years in jail along with a fine. For second-time offenders, the jail term could go up to seven years. The Bill, it is learnt, proposes that in case of other people involved in the examination process — such as those in a printing press that prints question papers, service providers, an employee of the examination authority concerned or those at coaching centres, among others — found involved in conspiracy of irregularities can be prosecuted with imprisonment not less than 10 years, which may extend to life imprisonment, and a fine of up to Rs 10 crore. On the fate of a student found guilty, the draft Bill states that any examinee who is “prosecuted for any offence under the provisions…shall be debarred from appearing in all competitive examinations held by the examination authority, from the date of charge-sheet filed for a period of two to five years”. An examinee could be barred from sitting in such exams “on conviction for a period of 10 years…and for life time if prosecuted again”, according to the draft Bill. The Bill, it is learnt, aims to punish any examinee or any other person found having “unauthorised access” to question papers; impersonation or leakage or attempt to leak or conspiracy to leak question papers; solving question papers or attempting to solve or seeking assistance in solving a question paper in an unauthorised manner; and tampering with computers with an intent to solve the question papers, among others. On powers to attach property of the accused, and subsequent release of such impounded property, the Bill states that the government “. may order attachment of such property, whether or not cognizance of such offence has been taken by Special Court…the proceeds of an offence means all property derived or obtained from the commission of an offence. On release of property (concerned), the claimant may, within three months from the date of knowledge of such attachment, make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him.” The Bill, it is learnt, says that the state government, in consultation with the Chief Justice of the High Court, may designate session courts as special court, or special courts, for such areas or areas “as may be specified in the notification”.
