3 years jail term, ₹5 lakh fine for those candidates found cheating in competitive exams in Uttarakhand

The Uttarakhand Governor recently promogulated the Uttarakhand Competitive Examination (Measures For Control and Prevention of Unfair Means in Recruitment) Ordinance, 2023 to control/prevent cheating in State competitive examinations..The ordinance prescribes upto 3 years imprisonment and fine of ₹5 lakh for those candidates caught cheating or helping another examinee in cheating during competitive examination.If any organization involved in management of conducting examination indulges in conspiracy or helps or aids in cheating, then the punishment for the same will be imprisonment for a minimum of 10 years which may extend to life term, along with fine of ₹1 to 10 crores. The ordinance received the assent of Governor Lt Gen (retd) Gurmit Singh on February 10, 2023.As the Legislative Assembly of the State was not in session and the Governor was satisfied that circumstances exist in State which render it necessary for him to take immediate action, thereby the Ordinance was approved.The objective of the ordinance is to control and prevent offences and also allow special court to try such offences which are related to obstructing the sanctity of examination by using unfair means, leakage of question papers and the irregularities committed during conduction of the State competitive exams..The ordinance deals with cheating in competitive examinations. As per Section 2(1)(d) of the ordinance, competitive examination means examinations as specified in Schedule-2 of the ordinance conducted for selection to any post in any department of State government, competitive institution, body, board, corporation or institution aided by the State government..Section 22 of the ordinance states that the offence of cheating in State competitive exams will be cognizable, non-bailable and non-compoundable.It introduces punishment under Section 12.Section 12(1) state that any examinee (one taking exam) if caught cheating or if caught causing another examinee cheat, will be punishable with imprisonment for a term of 3 years and ₹5 lakh rupees fine.As per Section 12(2), any person, printing press, service provider contracted or ordered for examination or any organization involved in management of conducting exam or any person or organisation authorised to transport exam material or any employee of examination authority indulges in conspiracy, helps or aids cheating, then punishment for the same will be imprisonment up to 10 years, which can also extend up to life imprisonment with a fine ranging from ₹1 crore to ₹10 crores..Further, Section 13 debars an examinee who is being prosecuted under any provision of the ordinance from taking any/all State competitive exams held by Examination Authority from the date when the charge-sheet is filed, till a period of 2 to 5 years and if convicted, then for a period of 10 years..Section 15 of the ordinance also confers power of arrest on police officials, if there is reason to believe that cheating has been committed.If the District Magistrate has reason to believe that the property, whether moveable or immovable, in possession of any person has been acquired by a person as a result of the commission of an offence triable under this ordinance, then under Section 16, he may order attachment of such property whether or not cognizance of such offence has been taken by Special Court..Section 23 lays down that no inquiry or approval is required from any authority before lodging first information report. The ordinance was passed after a protest by Uttarakhand Berozgaar Union against paper leak cases in State. In the protest stones were pelted and thereafter, police resorted to lathi-charging protesters.The candidates were demanding an inquiry by the Central Bureau of Investigation into the alleged leaks which have taken place in the last seven years in the various competitive exams in the State.[Read Ordinance]