Policy on Unfair means, Cheating, Forgery, Impersonation, etc.
(A) The following act/s shall be deemed as adoption of Unfair Means:
1. Gaining access to test questions before the examination or aiding someone else to do so.
2. Communicating with and/or disturbing other candidates or consulting other persons inside/outside the examination room during the examination.
3. Being in possession of books, notes, typed sheets or any other material connected or not connected with the examination
4. Carrying and/or using the electronic/photographic/communication devices/equipment that are prohibited during the examinations including but not limited to mobile phones, laptops, tablet PCs, cameras, headphones, pen-drives, Bluetooth devices, etc
5. Taking breaks to move out of your allotted seat at the test centre without the consent of the invigilator.
6. Threatening or physically or verbally abusing or indulging in any kind of misbehaviour with invigilator/fellow candidates or any person connected with the conduct of examination either inside or outside the examination hall.
7. Using abusive or obscene language/symbols through any means within the premises of the Test Centre.
8. Disclosing, publishing, reproducing, transmitting, storing, or facilitating transmission, theft and storage of the contents of the Question bank/corresponding answers of NISM Certification examination or any information therein in whole or part thereof in any form or by any means, verbal or written (e.g.: smuggling rough sheet out of examination hall), electronically or mechanically for any purpose. Such activities shall be deemed as question bank theft.
9. Pestering the invigilator for issues including but not limited to extra time allotment, allowing to sit for the exam in absence of necessary id proofs/documents etc. even if the invigilator has withheld the request at first instance.
10. Carrying and/or consuming food and/or carrying/consuming alcoholic/non-alcoholic beverages etc. excluding drinking water or entering the Test Centre in an inebriated/intoxicated state inside the examination hall.
11. Carrying and/or using weapons/scissor/knife etc. inside the examination hall.
Following Disciplinary actions will be undertaken with immediate effect in case of Candidate/s caught adopting any of the aforementioned act/s of Unfair means during the course of examination:
1. Candidate/s caught guilty of adopting any of above act/s of unfair means shall be expelled from the examination hall immediately and examination of such candidate/s including the outcome shall be terminated/cancelled right away. Candidate/s in possession of such prohibited item/s as specified above including but not limited to mobile phones, books etc., such item/s shall be confiscated immediately by the invigilator/s
2. Such Candidate/s identity & communication details shall be noted down by invigilator for reporting to NISM.
3. If a candidate/s had passed such examination, the certificate/s shall not be issued against such examination.
4. Any Request for reappearing or refund of fees shall not be entertained against the respective enrolment/s.
5. For Candidate/s indulging in theft of Question bank in any form as reported by invigilator/s, strict disciplinary action will be taken as considered suitable by NISM including but not limited to filing an FIR (First Information Report) with the local police authorities and/or debarring the candidate/s as NISM deems fit from appearing for any, some or all of the NISM certification examinations in the future, etc.
6. In regard to all examination related activities at the Test centre the invigilator/s decision shall be final & binding except when invigilator/s is held guilty/accused by test centre staff of collusion with candidate/s as applicable in invigilator manual
(B) The following act/s shall be deemed as Cheating:
1. Receiving or giving assistance to the fellow candidate/s directly or indirectly or involved in copying in any form including but not limited to looking into any other workstation different from the allotted one during the course of the exam, etc.
2. Receiving any outside help in any form
3. Indulging in group copying/making sounds/unsolicited gestures to hint at answers etc. during the course of the examination
Following Disciplinary actions will be implemented with immediate effect in case of Candidate/s caught adopting any of the aforementioned act/s of Cheating during the course of examination:
1. Candidate/s guilty of adopting any of the above acts of cheating shall be issued a Prohibitive-Warning at the first instance
2. If the same candidate/s is caught guilty of any of above acts the second time, Candidate/s shall be expelled from the examination hall immediately and examination of such candidate/s including its outcome shall be terminated/cancelled.
3. Such Candidate/s identity & communication details shall be noted down by invigilator/s for reporting to NISM.
4. If a candidate/s had passed such examination, the certificate/s shall not be issued against such examination.
5. Any Request for reappearing or refund of fees shall not be entertained against the respective enrolment/s.
6. In regard to all examination related activities at the Test centre the invigilator/s decision shall be final & binding except when invigilator/s is held guilty/accused by test centre staff of collusion with candidate/s as applicable in invigilator manual. NISM reserves the right to take any further disciplinary action as it deems fit.
(C) The following act/s shall be deemed as Impersonation :
1. Appearing for examination for another candidate or arranging to have another person take an examination for the candidate.
2. Allowing/Making somebody else write answers on candidate’s behalf during the examination
3. Helping or receiving help from other candidates to impersonate.
4. Signing Attendance sheet on somebody else’s behalf, either partially or completely
5. Moving onto another candidate’s workstation during the course of the examination.
6. Providing admit card to another person to enable him to appear on behalf of the candidate.
Following Disciplinary actions will be implemented with immediate effect in case of Candidate/s caught adopting any of the aforementioned act/s of Impersonation during the course of examination:
1. If a candidate/s is caught guilty of any of above acts of impersonation, Candidate/s shall be expelled from the examination hall immediately and examination of such candidate/s including the outcome shall be terminated/cancelled.
2. Such Candidate/s identity & communication details shall be noted down by invigilator/s for reporting to NISM.
3. Impersonation is a cognizable offence & strictest disciplinary action shall be taken to punish the candidate/s caught guilty as considered suitable by NISM including but not limited to filing an FIR (First Information Report) with the local police authorities.
4. The candidate/s shall be debarred from appearing from any, some or all of NISM Certification Examinations for a period of 3 years or more as applicable, which NISM finds suitable in its disciplinary action pursuant to the investigation report. The final decision of NISM shall be binding & undisputable.
5. If a candidate/s had passed such examination, the certificate/s shall not be issued against such examination.
6. Any Request for reappearing or refund of fees shall not be entertained against the respective enrolment/s.
7. In regard to all examination related activities at the Test centre the invigilator/s decision shall be final & binding except when invigilator/s is held guilty/accused by test centre staff of collusion with candidate/s as applicable in invigilator manual.
8. NISM reserves right to inform the employer of such candidates.
(D) The following act/s shall be deemed as Forgery:
1. Any document or part thereof pertaining to NISM Certification Examinations including but not limited to identity proof of candidate/s, admit card/s, scorecard etc. is altered using any of the methods of forgery including but not limited to handwriting, printing, engraving, typewriting etc. and/or such document is produced with the intent to defraud.
2. Any document or part thereof pertaining to NISM Certification Examinations including but not limited to identity proof of candidate/s, admit card/s, scorecard etc. is materially different from the records available with NISM.
3. Any other act which is similar in nature and may be deemed as an act of forgery by NISM
Following Disciplinary actions will be implemented with immediate effect in case of Candidate/s caught adopting any of the aforementioned act/s of Forgery during the course of examination:
1. If a candidate/s is caught guilty of above acts of forgery, Candidate/s shall be expelled from the examination hall immediately and examination of such candidate/s including the outcome shall be terminated/cancelled.
2. Such Candidate/s identity & communication details shall be noted down by invigilator/s for reporting to NISM.
3. Forgery is a cognizable offence and strictest disciplinary action shall be taken to punish the candidate/s caught guilty as considered suitable by NISM including but not limited to filing an FIR (First Information Report) with the local police authorities.
4. The candidate/s shall be debarred from appearing from any, some or all of NISM Certification Examinations for a period of 3 years or more as applicable which NISM finds suitable in its disciplinary action pursuant to the investigation report. The final decision of NISM shall be binding and indisputable.
5. If a candidate/s had passed such examination, the certificate/s shall not be issued against such examination.
6. Any Request for reappearing or refund of fees shall not be entertained against the respective enrolment/s.
7. In regard to all examination related activities at the Test centre the invigilator/s decision shall be final & binding except when invigilator/s is held guilty/accused by test centre staff of collusion with candidate/s as applicable in invigilator manual.
(E) Process adopted by NISM to deal with cases pertaining to Unfair means, Cheating, Forgery, Impersonation, etc.
NISM shall initiate the following action against such party/s involved (referred to as concerned party/s hereafter) either suo moto or upon receipt of a complaint by invigilator/test centre staff responsible for the conduct of exam regarding alleged adoption of forgery of documents/Impersonation etc. (related to NISM Certification Examinations) :
1) NISM shall appoint an investigation officer/s from the concerned department
2) The above investigation officer/s shall carry out an investigation in the matter and a detailed investigation report shall be submitted to the Disciplinary Action Committee (referred to as Disciplinary committee hereafter) consisting of the following members :
a) Registrar, NISM
b) Dean, SCI or any other senior officer appointed in this regard.
c) Senior Vice President (Legal & Compliance) or any other senior officer appointed in this regard.
3) The above Investigation officer/s shall issue written communication to concerned party/s allegedly involved in forgery/impersonation, etc. seeking explanation regarding the matter. The concerned party/s will be required to provide an explanation within 15 working days from the issuance of such communication. If no reply is received, it will be assumed that the candidate has nothing to submit.
4) The above Disciplinary committee shall assess the report and relevant documents and will convene a hearing on the case at a convenient date if it thinks so.
5) The above Investigation officer/s shall notify the date of such hearing to the concerned party/s in writing. The concerned party/s shall attend such a hearing on the notified date in person.
6) The concerned party/s are not allowed to be represented by Advocates / legal officers etc. or any other persons.
7) If the concerned party/s is found guilty, the Disciplinary Committee shall recommend any, some or all of the following actions:
1. Non Issuance/Cancellation/Defacing of NISM Certificates related to forgery.
2. Non Issuance/Cancellation/Defacing of NISM Certificates related to subsequent attempts by the concerned party/s.
3. Debarring such candidate for an appropriate period from the date of final hearing regarding the case.
4. Any other action as may be deemed appropriate including but not limited to the filing of First Information Report (FIR) with the police authorities, etc.
8) The action recommended shall be communicated in writing to the concerned party/s. and also to NISM Test Administrators and employer of the candidate if required for necessary actions (such as debarring the concerned party/s from enrolments) at their end.
