10-Year Jail Term, Rs 10 Crore Fine: Assam Proposes Stringent Penalties For Unfair Means In Recruitment Exams

The bill further empowers the government to debar any examinee convicted under its provisions from participating in any public examination for a duration of two years.

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The Assam government unveiled a proposal on Monday suggesting severe punishments, including up to 10 years of imprisonment and a hefty fine of Rs 10 crore, for individuals involved in unfair means during recruitment examinations, according to reports by the PTI.

The Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill was introduced in Assam Legislative Today.

The bill seeks to act as a deterrent against unfair practices in recruitment exams. pic.twitter.com/4mipR0uhwh

— Chief Minister Assam (@CMOfficeAssam) February 5, 2024

According to the PTI report, introducing the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024 in the state assembly, Chief Minister Himanta Biswa Sarma underscored that the legislation would shield government officers implementing its clauses in "good faith".

The proposed bill empowers the government to penalise any individual, including examinees, engaging in attempts to leak, produce, sell, print, or solve question papers to assist a candidate, and to conduct tests in unauthorised centres, stated Sarma in the Memorandum of the Bill. 

Under the bill's provisions, those found guilty could face imprisonment for a minimum of five years, extendable up to 10 years, coupled with fines ranging from Rs 10 lakh to Rs 10 crore, according to PTI. Furthermore, defaulters failing to pay the fines could face additional imprisonment of up to two years.

Moreover, the legislation stipulates that examinees involved in unfair practices may be sentenced to imprisonment for up to three years, along with fines starting from Rs 1 lakh, and face a further nine months of imprisonment in the event of non-payment.

The bill further empowers the government to debar any examinee convicted under its provisions from participating in any public examination for a duration of two years, as per PTI report. 

Additionally, the legislation proposes to make all offences cognisable, non-bailable, and non-compoundable, while authorising an officer of Deputy Superintendent of Police rank or above to investigate the crimes.

The bill also safeguards public servants acting under the Assam government's directives in "good faith" from legal proceedings.

Furthermore, special courts, headed by an Additional District and Sessions Judge, will be established in consultation with the Chief Justice of the Gauhati High Court to adjudicate offences under this Act.

In the Statement of Object and Reasons of the Bill, Sarma highlighted its objective to effectively prevent and combat question paper leaks and the use of unfair means in job examinations across state government entities.

The proposal comes amid previous incidents of alleged malpractice in recruitment processes, including the suspension of 21 state civil, police, and allied services officers last December over their purported involvement in a "cash-for-jobs" scam at the Assam Public Service Commission (APSC).

The Assam government initiated departmental proceedings against 34 APSC officials of the 2013 batch and scrutinised candidates of the 2014 batch for unfair means during recruitment processes.

Investigations into the suicide of Assam BJP leader Indrani Tahbildar in August 2023 uncovered a significant "cash-for-jobs" scam, leading to the arrest of several individuals allegedly connected to the ruling party.

Alleged irregularities during the recruitment of Grade III and IV posts in government departments sparked opposition uproar in August-September 2022, affecting over 14.30 lakh candidates vying for more than 26,000 posts.