Definitions

2. Definitions (1) In this Act, unless there is anything repugnant in the subject or context:- (a) "Government" means the Government of the State of Jharkhand; (b) "Examination Authority" means the Examination Authority as specified in Schedule- I; (c) "Conduct of Competitive Examination" means preparation of question papers, answer sheets, Optical Mark Recognition (OMR) sheets, result sheets, printing supervision, coding process, storage, transportation, distribution/collection, post examination at examination centres offline (paper pen) and online (computer based examination) conduct of examination, evaluation, declaration of result and such other works etc; (d) "Competitive Examination" means the examinations specified in Schedule-II as conducted for selection to any post in any department of State Government, competitive institution, body, board, corporation or institution aided by the State Government; (e) "Examination Centre" means any school, college, computer centre, institution or part thereof or any other place and the entire premises designated and used for conducting any competitive examination; (f) "Examinee" means a person who has been issued an admit card or otherwise permitted by the concerned authority to appear in the selection test and also includes a person authorized to act as a scribe or assistant on his behalf; (g) "Unfair Means" includes - (1) In respect of an examinee: - Directly or indirectly recovered from any person or group in competitive examination or any written, non- written, quoted, copied, printed material, material obtained from electronic or Information Technology (IT) or taking any unfair aid, other unauthorized aid or using any unauthorized electronic or mechanical device or gadget etc. in the computer based examination; (2) In respect of a person: - (i) Impersonation or leakage or attempt for leakage or conspiracy for leakage of question paper. (ii) Unauthorized access or attempt to get or take possession of or attempt to take possession of question paper. (iii) Solving question papers in an unauthorized manner or attempt to solve or seeking assistance in solving the question paper. (iv) Directly or indirectly assist the examinee in an unauthorized manner in the competitive examination. (v) Supply of question paper data or questions in online examinations to any unauthorized person or tampering with computer intended to solved, local area network or server etc. and assist therewith. (vi) Affecting merit by tampering with answer sheets or Optical Mark Recognition (OMR) sheets or marks, by any means after the examination. (vii) Threatens the supervisory staff on duty in or outside the examination hall with any injury to his person or friends or to any of his relatives; whether by words either spoken or written or by signs or visible representations or otherwise with a view to inducing the supervisory staff or any person on duty in or outside the examination hall to show any concession; (viii) Uses abusive or obscene or indecent language in the answer book; (ix) If any person and the group of persons involved in the use or practice of unfair means and caught cheating, but after the said situation if the indulged persons try to compound and end the matter in Court with mutual consent this shall not be permissible without consent of the examination authority. (x) Committing theft, extortion or robbery of question paper or to remove or destroy by any means the answer sheet and Optical Mark Recognition (OMR) sheets of any competitive examination against the prescribed rules of examination authority. (h) "Service Provider" means such companies, institutions and organizations, which are service providers bound by the examination authority for the conduct of competitive examination related work, it includes their management system and all such employees, or staff who are involved in the competitive examination related work of the examination authority; (i) "Company" means a company as defined in The Companies Act, 2013; (j) "Limited Liability Participation" means participation in the examination of all such employees and officers of the State and examination centres and their staff, and commission personnel, who are posted or associated or engaged to discharge limited liability in any examination; (k) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (l) "Supervisory staff" means any person appointed by the examination authority under any law for the supervision and conduct of an examination and includes such other persons as are appointed by the examination authority to perform the duties and functions connected with the conduct of an examination; (m) "Coaching Centre" means an institution imparting pre-examination coaching for securing Government job through written or oral examination conducted by any examination authority (as specified in Schedule - I) of the Government; (n) "Deputy Superintendent of Police" means the police officer in charge of a Police Sub-division and shall include police officers of equivalent rank; (o) "Special Court" means a court of sessions designated as Special Court under Section 26 of the Act; (2) Words and expressions used herein and not defined, but defined in the Code of Criminal Procedure, 1973 (2 of 1974) and the Indian Penal Code, 1860 (Central Act No. 45 of1860) shall have the same meanings respectively assigned to them in those Codes.