Policy on use ‘Unfair means and disciplinary actions / penalties for Certification Examinations, CPE programmes / e-CPE programmes’

NISM’s Policy for “Prevention of ‘Usage of Unfair Means’ and ‘Tackling Disciplinary Violations’ related to its Certifications”

[Applicable to NISM’s Certification Examinations, CPEs and eCPEs].

NISM develops and administers certification examinations and continuing professional education programs (CPE & eCPE) for various segments of the Indian securities markets. For this, NISM performs screening of registration details provided by candidates on its certification portal (during their registration for NISM Certification Examinations and/or CPE & eCPE programs). NISM also monitors the exam / CPE / eCPE proceedings and take appropriate actions in those cases where the specified processes are violated.

1.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 one allotted to the candidate during the course of

2. Receiving any outside help in any Communicating with and / or disturbing other candidates or consulting other persons that are present inside/outside the examination room during the examination.

3. Indulging in copying, making sounds, making gestures, etc. to hint at answers during the course of examination. In case of the online exams, any indications / gestures / signs / signals to other person around the candidate whether the other person is visible in the camera or not visible.

4. Gaining access to exam questions before the examination or aiding someone else to do so.

5. Trying to access the examination from an unauthorized exam environment (also considered as serious violation under “Theft” and “Impersonation” also, in addition to “Cheating”).

6. Carrying into the examination hall – book/s, note/s, typed sheet/s, rough sheet/s, chit/s or any other material or pieces of paper, either connected or not connected with the examination.

7. Carrying and/or using the electronic/ photographic/ communication/ programming / audio or video recording devices inside the examination hall, including but not limited to mobile phones, laptops, tablet devices, any other devices having a camera/microphone in it, headphones, pen-drives, smart watches and other smart wearables, fitness trackers, bluetooth devices, etc. or any other stationery items or accessories or ornaments having any communication capabilities.

8. Accessing or attempting to access any websites (other than the NISM’s exam delivery page), or any computer application (other than the System Calculator and Spreadsheet application made available on the exam PC) during the examination / assessment. Prohibited sources include search engines, AI or LLM tools, any text- based or audio/video based content resources, etc. and these shall not be accessed by the candidate during their examination.

9. In case of online examinations and online eCPEs, candidate sitting idle without apparently attempting the exam questions or without actively (attentively) engaged with the eCPE program.

10. Fidgeting, or looking here and there, or constant eye movement away from examination screen during the examination.

11. Reading out aloud or whispering of questions and/or options (answer choices), continuous lip movement during the examination, etc.

12. Keeping microphone on mute, or blocking the camera view, or staying away from the camera view during the examination/ eCPE session for any period / length of the session, disabling the camera during the examination / eCPE session.

13. Wearing mask or any such material, during examination / eCPE sessions, that makes the candidate’s identification difficult for NISM proctors / invigilators / reviewers.

14. Any other suspicious behaviour or activity during/before/after the exam /

 
2. The following act/s shall be deemed as “Theft”:

1. Disclosing, publishing, reproducing, transmitting, storing, or facilitating transmission, theft and storage of the contents of the NISM’s examination questions and/or their corresponding answers or any information therein in whole or part thereof in any form or by any means, verbal or written, electronically or otherwise, for any purpose.

2. Using mobile phone or any other electronic device to take photos of exam questions, searching for answers using websites, search engines, AI / LLMs, or any other such resources online using the mobile phone or any other electronic or programming device, etc.

3. Writing questions, answers or the calculations on any material other than the rough sheet provided by the Invigilator (which shall be returned to the invigilator at the end of the exam).

4. Smuggling out or attempts to smuggle out examination questions or any part of an exam question, in any form, out of the examination hall. This includes taking out of the exam hall any rough sheet or re-evaluation form or any other written material (either in full or by tearing out a part of it), or by searching / storing / photographing / recording the exam questions or any other exam related material using the mobile phone or other electronic or programming devices.

5. Trying to access the examination from an unauthorized exam environment (also considered as serious violation under “Cheating” and “Impersonation” also, in addition to “Theft”).

6. Uploading/sharing any examination related material on any website, social media, or any online media, etc.

7. Any other act which is similar in nature and may be deemed as act of theft by

 
3.The following act/s shall be treated as ‘Impersonation’:

1. Appearing for examination / CPE programme / eCPE session for another candidate, or arranging to have another person take an examination / CPE programme / eCPE session for the candidate.

2. Allowing / placing / making somebody else to take the exam / CPE / eCPE on candidate’s behalf.

3. Helping or receiving help from other candidates to impersonate for exam / CPE /

4. Signing Attendance sheet on somebody else’s behalf either partially or completely during the examination / CPE / eCPE.

5. Moving onto another candidate’s workstation during the course of examination, or exchanging of exam login credentials with other candidates, or starting the exam using another candidate’s login credentials.

6. Providing admit card or identity cards to another person to enable him/her to appear on behalf of the candidate.

7. Moving out of the allotted seat at the test center / place of examination without the consent of the invigilator / Taking breaks without taking the permission of the invigilator / proctor. Manipulation in seating arrangements, moving away from the assigned seat or swapping/shifting to a different seat than the one assigned to the candidate also are treated as violations.

8. Trying to access the examination from an unauthorized exam environment (also considered as serious violation under “Cheating” and “Theft” also, in addition to “Impersonation”).

9. Any other act which is similar in nature and may be deemed as act of impersonation by NISM in any manner whatsoever.

 
4. The following act/s shall be deemed as “Forgery”:

1. Any document or part thereof pertaining to NISM Certification Examinations / CPE programme / eCPE, including but not limited to identity proof of candidate, admit card, score card, eligibility documents, etc., altered using any of the methods of forgery including but not limited to handwriting, printing, editing, erasing/obliterating, engraving, typewriting, etc.

2. Any document or part thereof pertaining to NISM Certification Examinations including but not limited to identity proof of candidate, admit card, score card, is materially different from the records available with NISM.

3. Providing wrong information during candidate’s registration (such as uploading wrong/ morphed/ other person’s photograph, identity proof, or address proof, providing wrong date of birth, etc.).

4. Forging/ tampering/ manipulation/ fabrication of Exam / CPE / eCPE related information/ supporting documents (including certificate, scorecard / marksheet, admit card, identity proof, proof of designation, proof of work experience, etc.), or making statements which are incorrect / false, or suppressing material information.

5. Any other act which is similar in nature and may be deemed as act of forgery by NISM

5. The following act/s shall be deemed as “Disciplinary Violations”:

1. 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.

2. Using abusive or obscene language / symbols / gestures through any means within the premises of the Test Centre.

3. Pestering or harassing the invigilator / coordinator / supervisor for issues including but not limited to extra time allotment, or pursue them to allow the candidate to sit for the exam / CPE / eCPE in the absence of necessary identity proofs, documents, etc.

4. Carrying and/or consuming food and/or carrying/consuming alcoholic/non-alcoholic beverages etc. (other than the drinking water), or entering the Test Centre in an inebriated / intoxicated state inside the examination hall.

5. Smoking and consuming tobacco products or consumption of narcotic substances inside or near the test center.

6. Carrying weapons, scissor, knife, inside the examination hall.

7. Indulging in violence at the test center / CPE premises, including forceful entry/exit in/out of the test centre or exam hall or CPE venue.

8. Tampering with and/or causing any damage to the examination equipment, test center infrastructure or any other property at the test center or CPE venue.

9. Not following the instructions of proctor / invigilator during the examination and that of the CPE trainer / CPE coordinator during the CPE program.

10. Disturbing or obstructing the examination or CPE proceedings in any

11. Using abusive or obscene language in any interactions (either on phone or email or in any other mode of communication) with the staff administering the certifications or those assisting with the certification processes of NISM, which includes the staff members handling the telephone calls and emails received from the NISM certification candidates. Candidates are expected to raise their queries / grievances / complaints, if any, in a professional and respectful manner.

12. Approaching any authority(ies)/person(s) related to the conduct of exams soliciting unauthorized privilege(s) in these Examinations or offering them illegal gratification.

13. Taking legal course or any other means to influence NISM for gaining advantage in their favour, by providing false information.

14. Breaching examination rules or any direction issued by NISM from time to time, in connection with the conduct of Examinations / CPEs / eCPEs.

15. Even after the completion of the examination/ CPE/ eCPE, if it is found that a candidate has copied the answer either of some candidate or from any other source, or has violated any of the certification processes specified by NISM, he/she shall be treated to have used unfair means and shall be liable to appropriate disciplinary actions.

16. If NISM is satisfied that the use of Unfair means in a particular exam slot has been widespread at a test centre, NISM has the right to cancel the result of all candidates of that centre who gave their exam in that exam slot.

17. The names of candidates, against whom NISM has taken disciplinary actions, can be shared with their employers, market intermediaries, regulators, securities exchanges and other MIIs, other associations/agencies associated with financial markets, etc.

18. Any other act which is similar in nature and may be deemed as act of violation of its processes by NISM.

19. Any other activities that are declared as Unfair Means by the NISM from time to

20. Any offence punishable under the Public Examinations (Prevention of Unfair Means) Act 2024 and/or Maharashtra Competitive Examination (Prevention of Unfair Means) Act 2024.

 
6. Powers of Invigilator / Proctor:
The invigilator / proctors shall have the power to:

1. Issue warning to the candidates for any kind of misconduct during the examination / CPE / eCPE.

2. Expel a candidate from the examination / CPE / eCPE or terminate a candidate’s examination / CPE / eCPE, with or without giving warning. Result of such expelled/terminated cases would be treated as null and void and no passing (exam) / CPE / eCPE certificate would be issued.

3. Note down details of any candidate and report to NISM regarding any or all his/her examination / CPE / eCPE related activities. Invigilator’s / proctor’s / NISM’s decision shall be final and binding in such cases.

 
7. Disciplinary Actions Taken by NISM:
NISM can initiate action against a candidate or party/ies involved, either by suo moto or upon receipt of complaint by the invigilator / proctor / test center staff / NISM staff carrying out pre- or post- examination review or CPE / eCPE review. Depending on the gravity / seriousness of the violation, NISM may take one or more of the following disciplinary actions based on its own assessment and discretion:

1. Issue show cause notice to the candidate seeking explanation for his/her actions

2. Warning can be given to the candidate to desist from such activities

3. Expulsion from the examination / CPE, or termination of examination / eCPE

4. Denial of certificate, cancellation/ revoking/ defacing of an already issued certificate and any subsequent certificates issued thereof (enrolment fee would be forfeited)

5. Asking the candidate to go for re-examination (no refund of the enrolment fee paid earlier)

6. Asking the candidate to go for re-enrollment at his/her cost

7. NISM may deny the candidate access to a specific mode of certification (such as denial of enrolment in eCPE, online exam, etc.)

8. If a candidate enrolls for a certain mode of certification (i.e., examination / CPE / eCPE), despite NISM’s disciplinary action denying him/her access to that mode, certificate will be denied to the candidate. Further, NISM shall not entertain request for refund/rescheduling for such enrolments

9. Disqualification from appearing for all the Certification Examinations, and CPEs, and eCPEs of NISM, for a period up to five years

10. Reporting to the police authorities and law enforcement agencies to initiate legal action as and when required

11. Displaying such candidates name, details and photograph on the websites of NISM, sharing of such candidates’ details with their employers, market intermediaries, regulators, securities exchanges and other MIIs, other associations/agencies associated with financial markets, etc.

12. Any other action as may be deemed appropriate keeping in mind the sanctity of the NISM examinations / CPEs / eCPEs.

Note:

Whoever assaults, threatens, harasses, abuses, causes any bodily harm, uses criminal force or prevents any officer in the discharge of his/her duty in any manner, shall be punishable with imprisonment or with fine or both under Section 132 and section 121 of Bharatiya Nyaya Sanhita (BNS), 2023.
Theft, Cheating, Impersonation and Forgery are cognizable offences and strict disciplinary actions shall be taken against the erring candidate/s, as considered suitable by NISM, including but not limited to reporting to the police and law enforcement agencies.

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