The Bill outlines stringent provisions, including imprisonment and confiscation of property, to curb the rampant misconduct that has affected the integrity of public examinations in the state.
Published Dec 08, 2023 | 12:31 AM ⚊ Updated Dec 08, 2023 | 12:35 AM
Karnataka government passes two resolutions against the centre in the house on Thursday. (file pic)
The Karnataka government tabled a Bill in the Karnataka Legislative Assembly on Wednesday, 6 December, to tackle irregularities and combat corrupt and unfair practices in public examinations in the state.
The Karnataka Public Examination (Measures for Prevention of Corruption and Unfair Means in Recruitment) Bill, 2023, outlined stringent provisions, including imprisonment and the confiscation of property of offenders, including officials who aid them.
In the last few years, several cases of irregularities in government recruitment, specifically in the case of police sub-inspector (PSI) recruitment exams, have rocked the state.
It may also be noted that in the run-up to the 2023 Karnataka Assembly polls, the Congress had promised to bring in a strict law to curb the misconduct in government recruitment.
“A Bill to provide strict and effective measures to curb the use of unfair corrupt means and leakage of question papers at public examinations conducted for recruitment to any post in or under the Karnataka state government,” the Bill said.
The Bill explicitly acknowledged the widespread irregularities and the utilisation of corrupt means in these examinations, emphasizing the detrimental impact on the opportunities for the youth of Karnataka.
The irregularities not only resulted in significant monetary gains for unscrupulous individuals and vested interests but also hindered the prospects of deserving and hardworking youth in the state,” the Bill noted.
Crucially, the proposed law would introduce stringent measures to clean up the system and recommended punishments of up to 10 years, a penalty of up to ₹10 crore, besides attachment and confiscation of properties.
Significantly, the legislation would extend its purview beyond government recruitments, making it applicable to autonomous bodies, authorities, boards, and corporations operating in the state.
“No person shall use unfair means at any public examination, the official in charge to conduct exams: should not disclose question paper before the prescribed time and not leak the information about examination,” the Bill said.
“Unauthorised persons should not possess the question paper, answer sheet or OMR sheet and barred from entering the examination centre, no place other than examination centre shall be used for public examination,” it added.
“Individuals, including examinee, involved in a conspiracy or attempt to use unfair means or violate any provisions of this Act, will be sentenced to a minimum of eight years and a maximum of 12 years of imprisonment, along with a fine ranging from ₹15 lakh to ₹10 crore. Default in fine payment will lead to an additional imprisonment term of two years,” it said.
“Individuals in positions of authority within the management, institution, or limited liability partnership, during the commission of an offence under this Act, are deemed guilty. Both the individuals and the entity are subject to legal proceedings and potential penalties,” the Bill stated.
Examinees found guilty of impersonation, submitting fabricated documents, tampering with documents, providing false information, suppressing material facts, or using unfair means in exams would face criminal prosecution.
The examination authority may permanently or temporarily debar them from future exams or interviews.
Additionally, examinees convicted under this Act would be barred from public examinations for two years.
Other than imprisonment and penalty, the state government has also proposed the confiscation of property of the offenders.
“No individual is permitted to possess earnings from offences under this Act. If an investigating officer has grounds to believe that specific property represents the proceeds of an offence under the Act, they can, with prior written approval from the state government, issue an order seizing the property — whether movable or immovable,” the Bill said.
“If the seizure is impractical, an order of attachment be issued, preventing the property’s transfer or other dealings without the officer’s or designated court’s permission. This order is served to the person involved.”
“If the accused has been convicted of any offence punishable under this Act, the designated court, in addition to awarding any punishment, declare that any property, movable or immovable or both belonging to the accused must be confiscated to the state government,” the Bill added.
“In cases where the Management, Institution, or Limited Liability Partnership, or others are found guilty under this act, they are not only responsible for covering all examination-related costs, as determined by the Designated Court, but they will also be slapped with a permanent ban,” it further said.
Responding to the Bill, Advocate Karan said the law permitted the confiscation of property. “The government will have supreme power. It can seize the property of the convicted but only those properties that are in his/her name,” he told South First.
