Definitions

In this Act, unless there is anything repugnant in the subject or context: (a) "Government" means the Government of the State of Uttarakhand; (b) "Examination Authority" means the Examination Authority as specified in Schedule-1; (c) "Conduct of Competitive Examination" means preparation of question papers, answersheets, Optical Mark Recognition (OMR) sheets, result sheets, printing supervision, coding process, storage, transportation, distribution/collection, post examination at examination centers offline (paper pen) and online (computer-based examination) conduct of examination, security arrangements expected from the police at each stage, evaluation, declaration of result and such other works etc; (d) "Competitive examination" means the examinations as specified in Schedule-2 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, 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 conceined 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 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 gadget etc. in the computer-based examination; or (2) In respect of a person: - (i) Impersonation or leakage or attempt to leakage or conspiracy to leakage of question paper. (ii) Unauthorized access or attempt to get or take possession or attempt to take possession to 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 be solve, 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 consession; (viii) uses abusive or obscene or indecent language in the answer book; (ix) If any person and the group of persons involved in the practice of unfair means and caught in cheating but after the said situation if the indulged persons try to end the matter in Court with mutual consent shall not be made without consent of the examination authority. (x) Commiting theft, extortion or robbery of question paper or to remove or destroy by any means the answersheet 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, who are involved in the competitive examination related work of the Examination Authority; (i) "Company" means a company as defined in Section 2 of The Companies Act, 2013 (Act No. 18 of 2013); (j) "Limited Liability Partnership Firm" means a limited liability partnership firm as defined in Section 2 of the Limited Liability Partnership Act, 2008 (Act No. 7 of 2009); (k) "Limited Liability Participator" means participation in the examination of all such employees and officers of the State and examination centers and their staff, and examination authority personnel, who are posted or associated or engaged to discharge limited liability in any examination; (l) "Code" means the Code of Criminal Procedure, 1973; (m) "Supervisory staff" means any person appointed by the competent authority under any law for the supervision and conduct of an examination and includes such other persons as are appointed by the competent authority to perform the duties and functions connected with the conduct of an examination; (n) "Coaching Centre" means an institution imparting coaching for pre-examination for securing Government job through written or oral examination conducted by any examination authority (as specified in Schedule-1) of the Government; (o) "Police Officer" means the Additional Superintendent of Police and police officers of equivalent rank, of a District; (p) "Special Court" means a court of session designated as special court under section 25 of the Act; (2) Words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 (Central Act No. 45 of 1860) shall have the same meanings respectively assigned to them in those Codes.