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ORISSA ACT 2 OF 1988 : THE ORISSA CONDUCT OF EXAMINATIONS ACT 1988 :
An act to provide for penal action for adoption of unfair means at certain examinations held in the state and other matters connected therewith.
Be it enacted by the legislature of the state of Orissa in the Thirty Ninth Year of the Republic of India as follows :
SHORT TITLE :
1. This Act may be called the Orissa Conduct of Examination Act, 1988.
DEFINITIONS :
2. In this Act. unless the context otherwise requires :
(a) "Recognised examination" means an examination specified in the schedule and include, evaluation.tabulation, publication of results and all other matters connected therewith.
(b) "Unfair means" in relation to any recongnied examination means taking or giving or attempting to take or give any help, other than one permissible if any, under the rules applicable there to from any material, written recorded or printed or relayed or from any person, in any form whatsoever.
PROHIBITION OF USE OF UNFAIR MEANS AT EXAMINATION :
3. (i) No person shall adopt or take recourse to unfair means at any recognised examination.
(ii) No person shall aid/abet or conspire in the use of unfair means at any recognised examination.
RESTRICTION ON COPIES OF QUESTION PAPER AND OFFER OF INFORMATION :
4. No person is lawfully authorised or permitted by virtue of his duties to do so, shall before the time fixed for distribution of copies of a question paper to examinees at a recognised examination.
(a) Procure, attempt to procure or possess, such question paper or portion or copy thereof; or
(b) Impart or offer to impart information which he knows or has reason to believe is related or is derived or has a bearing upon such question paper.
PREVENTION OF LEAKAGE BY PERSON ENTRUSTED WITH EXAMINATION WORK :
5. No Person who is entrusted with any work connected with a recognised examination shall, except in the discharge of his duties directly or indirectly divulge or cause to be divulged or know to any other person any information or part there of which he has come in possession in the discharge of his duties.
RESTRICTION ON FAKE PAPERS :
6. No person shall procure, possess, distribute or otherwise publicize or cause to be publicized any question paper as being the one or purporting to be the one that is to be given or
likely to be given at an ensuing recognised examination.
PROHIBITION OF LOITERING ETC, NEAR EXAMINATION CENTRE ETC :
7.(a) No person, should in the discharge of his duties shall during the hours a recognised examination centre or where any evalu ation or tabulation work relating to a recognised examination is done and.
(b) Two hours preceding the commencement of such examination, evaluation or tabulation work on any date on which such examination is conducted or evaluation or tabulation work is done.
Commit or cause to be committed any of the following acts within the premises where in the recognise examination is held or at any place where evaluation or tabulation work is done or at any public or private place within a distance of one hun- dred metres of such premises or the place of evaluation or tabu- lation work namely.
(i) Loitering
(ii) Distribution or otherwise publishing any paper or other matters relating to such examination ; or
(iii) Indulging in such other activities as is likely to be detri- mental to the conduct of such examination or is likely to affect the secrecy thereof.
Provided nothing contained in this section shall apply in respect of bonafide activities of examinees appearing at the examination which conducted at such examina- tion centre.
PENALTY :
9. Whoever contravenes any of the provisions of section 3 to 7 shall,on conviction be punished with imprisonment for a term which may extend to three months or with a fine which may extent to three thousand rupees but shall not be less than five hundred rupees or with both.
INVESTIGATION TO :
10.(a) An offence under this Act shall is to be investigated by an officer not below the rank of a Sub-Inspector of po- lice.
(b) All offences under this Act shall be cognizable and bail- able.
A. COLLEGE EXAMINATIONS :
As prescribed by the academic council of the Utkal University & Council of Higher Secondary Education, Orissa there shall be test Examination for the +2 classes & +3 Degree Course of each year. +3 Degree students have to appear at the University Examination in every year. +2 1st year students have to appear the Annual Examination at the end of the year. Every student is required to appear at all these examinations during a session. A student who remains absent in any of the examinations shall be fined and re-examined unless he applies to the Principal with satisfactory explanations.
A student who is found in possession of incriminating material or adopting malpractice in any examination shall be treated as a serious offence and the student concerned shall be penalised in any form at the discretion of the Principal.
B. EXAMINATION OF UNIVERSITY/COUNCIL :
The Univeraity conducts one Annual Examination every year for the 1st, 2nd and 3rd year students of +3 Degree course. The Council of Higher Secondary Education conducts one examination each year Annual for +2 streams.
C. REGISTRATION :
Every student admitted to the course in a college of a student migrating from another University shall have to register himself/herself as a student of University / Council. On admission into the +2 course and +3 course, a student pays fees for registration of his / her name by the Council of Higher Secondary Education or University. When the name of the student is struck off from the roll of college for default in payment, thereafter he / she is to pay a re-entry fee.
This registration is essential for permission to sit for a CHSE/ University Examinations and the registration receipt is required to be produced at the time of filling up application form for admission to each CHSE / University Examination.
D. ATTENDANCE AT LECTURES :
A student shall be required to attend atleast 75 percent of lectures, tutorials and practicals classes taken separately in each subject in each academic year. Condonation may be granted only to the extent of 15 percent in exceptional cases.
Provided that the University / Council may grant condonation of shortage in attendance to the extent of 5 percent, when the students represent the institution for specific purposes needs to be recorded in writing.
E. COUNCIL OF HIGHER SECONDARY EDUCATION, ORISSA EXAMINATION ACT & REGULATION :
Eligibility :
Every student is to register his name in the Council where the college is affiliated. The registered students are eligible to appear the Annual Examination provided that he/she has to complete the two academic session after passing the High School Examination or any equivalent exminmation.
A candidate can take the Higher Secondary Examination in Arts privately only on production of proficiency cerfificate from the Head of an Institution.
PASS MARK :
i) The Pass mark in theory and practical shall be 30 percent & 40 percent of the maximum marks respectively in that subject or group of subjects. The pass mark in the aggregate shall be 35 percent.
ii) If a candidate has passed in this compulsory and optional subjects and also in the aggregate, the marks, if any, which he obtains in excess of minimum pass mark in the extra optional subjects will be added to his aggregate. The aggregate so obtained shall determine his division and his place in the passlist. If a candidate fails in one or more subjects in this Higher Secondary Examination but secures
pass mark in aggregate, he shall be exempted on application from appearing again in that subject or group of subjects in which he passed and the order of examination shall remain valid for the next two consecutive examinations conducted by the council. Provided that he shall have to clear all the failed subjects at a time and he shall not be placed in any division.
F. REGULATION TO THE +3 DEGREE UNIVERSITY EXAMINATION:
i) The course of the degree of B.A., shall be of three years duration. After 1st year and second year the University shall conduct an examination each year only. The University will conduct the Final Examination at the end of the 3rd year in the pass/ Hons. and elective subjects only.
That candidate has to pass in all the three examinations before he is awarded the degree.
ii) Candidates who have not passed the +3 I,II year Examination will appear the said examination along with the Final Examination next year.
iii) Only such students as register themselves for +3 IInd year Examination at the end of the second year shall be admitted to the third year of course, without waiting results of the +3 IInd year Examination.
iv) A student migrating from another University in 3rd year may be admitted to a college affiliated to this University, if he has passed the +3 IInd year Examination or equivalent there to conducted by another Uniersity. The results of the +3 IInd year examination will be calculated accordingly. He will not be allowed to reappear in any paper of +3 IInd year Examination of that University.
v) There will be no supplementary or second examinations at any stage. A candidate on payment of prescribed fees may reappear only one in subjects/ papers in which he has been absent or obtained fails marks but he has passed in aggre gate or has failed to retain 45% marks in any honours paper, without further attendance of lectures as a collegiate candidate.
vi) A candidate who fails in aggregate has to repeat in any paper or papers of his choice including the subjects, once on pay - ment of prescribed fees.
vii) If a candidate in honours course secures at least 45% of marks in the Honours subject but fails in the degree exami- nation, he may reappear only one in the non-honours core sub- ject in which he has failed, if he has passed in aggregate. If he has failed in aggregate he may reappear non-honours core subjects of his choice including the subjects.
In all cases above candidates shall have to reappear in any one of the two examinations immediately following the final examination in which they become entitled to reappear. If they repeat paper or papers of +3 IInd year Examination they may reappear in any one of the two +3 IInd year examination follow- ing Final Examination, if they repeat a paper or papers of Final Examination they may reappear in any one of two Final Exami- nation immediately following the Final Examinations.
A minimum of 30 percent marks in all the theory papers and 40 paarcent marks in practical papers in all the subjects of the +3 IInd year examination and Final Examination together.
A minimum of 36% marks in aggregate of the +3 IInd year & final examination taken together.
A candidate shall pass with Honours in the Degree Examination only if he secures a minimum of 45 percent marks in the aggregate of all Honours papers including practical paper of +3 IInd year Examination and Final examination taken together and a minimum of 40 percent marks in the practical paper.
A student shall be declared to have passed the Pass Course Examination with ''Distinction" if he/she secures in first appearance 50% or more marks in the aggregate of all the core subjects of the +3 IInd year and Final examination taken together, provided that he/she secures a minimum of 30% in each subject.
FOR HONOURS STUDENT :
For all Honours subject minimum Honours marks shall be of 45% in aggregate.
Those students who secure 50% or more and less than 60% marks in aggregate (i.e. in compulsory pass and elevtive papers) and 45% marks in aggregate in honours will be declared to have passed with second class honours with distinction.
Those who secure 60% marks in aggregate in honours subject and at least 50% marks in aggregate in other subjects (i.e. in compulsory, pass and elective papers) he will be declared to have passed with 1st class honours with distinction.
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