Definitions

(1) In this Act, unless the context otherwise requires,— (a) “candidate” means a person who has been granted permission by the competitive examination authority to appear in competitive examination and includes a person authorized to act as a scribe on his behalf in the competitive examination; (b) “communication device” shall have the same meaning assigned to it in clause (ha) of sub-section (1) of section 2 of the Information Technology Act, 2000; (c) “competitive examination” means any examination conducted by the competitive examination authority, as specified in the Schedule, or conducted by such other authority as may be notified by the State Government; (d) “competitive examination authority” means the Maharashtra Public Service Commission, Selection Committee engaged or constituted by the State Government, from time to time, for conducting competitive examination or any Examination Authority as specified in Schedule; (e) “competitive examination centre” means such premises, which is selected by the service provider or otherwise selected by the competitive examination authority, to be used for conduct of competitive examination and which, amongst others, may include any school, computer center, institution, any building or part thereof and the same shall include the entire periphery and land appurtenant thereto which may be used for security and other related reasons for conduct of the competitive examinations; (f) “computer network”, “computer resource” and “computer system” shall have the same meanings respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of the Information Technology Act, 2000 ; (g) “conduct of competitive examination” shall include all the procedures, processes and activities, as may be prescribed, for being adopted for the conduct of competitive examination; (h) “Government” means the Government of Maharashtra; (i) “institution” means any agency, organization, body, association of persons, business entity, company, partnership or single proprietorship firm, by whatever name it may be called, which is other than the competitive examination authority and the service provider engaged by such authority: Explanation.—For the purposes of this clause, it is clarified that “company” includes a company as defined in clause (20) of section 2 of the Companies Act, 2013; or a limited liability partnership firm as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008; (j) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (k) “organized crime” means an unlawful activity committed by a person or a group of persons indulging in unfair means in collusion and conspiracy to pursue or promote a shared interest for wrongful gain in respect of a competitive examination; (l) “person associated with a service provider” means a person who performs services for or on behalf of such service provider irrespective of whether such person is an employee or an agent or a subsidiary of such service provider, as the case may be; (m) “paper setter” means any person or entity appointed by the competitive examination authority for preparation of questions or question bank or question paper; (n) “prescribed” means prescribed by rules made under this Act; and (o) “service provider” means any agency, organization, body, association of persons, business entity, company, partnership or single proprietorship firm, including its associates, sub-contractors and provider of support of any computer resource or any material, by whatever name it may be called, which is engaged by the competitive examination authority for conduct of competitive examination. (2) Words and expressions used herein but not defined and are defined under any other law for the time being in force, shall have the same meanings as assigned to them in those laws.