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Report No. 50

17. Recommendation.-

In the light of the above discussion, we recommend that the following clauses and Explanations should of inserted in section 21 of the Indian Penal Code.1 The new clauses could be inserted before the last clause:

'(viii-a) any person in the service or pay of a public body which holds an examination for the purpose of granting any degree, or any person remunerated by such a public body for the performance of any work in connection with any such examination;

(viii-b) any person in the service or pay of a private body which holds an examination for the purpose of granting any degree, being a degree approved or recognised by the Government or by a public body, or any person remunerated by such a private body for the performance of any work in connection with any such examination;

(viii-c) any person remunerated by the Government for the performance of any work in connection with any examination held in connection with employment in a public post or for the purpose of grant of any certificate.

Explanation I.-The expression "public body" includes-

(a) a University, a Board of Education or other body established under a Central, State or Provincial Act or constituted by the Government;

(b) a local authority.

Explanation 2.-The expression "degree" includes a diploma, certificate or other academic distinction or title, or any document entitling the holder thereof to practice any profession.

Explanation 3.-The expression "private body" means body which is not a public body.'.

1. The numbering of the clauses and Explanations will have to be changed to fit in with section 21 as ultimately revised in the Bill that may be introduced to implement the 42nd Report of the Law Commission.



The Proposal to included Persons connected with Public Examinations within the Definition of Back




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