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Lokayukta Act, 1984 Section 2 - Bare Act

StateKarnataka Government
Year
Section TitleDefinitions
Act Info:

In this Act, unless the context otherwise requires,-

(1) "action" means administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions 1 [relating to] such action shall be construed accordingly;

(2) "allegation" in relation to a public servant means any affirmation that such public servant,-

(a) has abused his position as such public servant to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;

(b) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives;

(c) is guilty of corruption, favoritism, nepotism, or lack of integrity in his capacity as such public servant; or

(d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs;

(3) "Chief Minister" means the Chief Minister of Karnataka;

(4) "competent authority'' in relation to a public servant means,-

(a) in the case of Chief Minister or a member of the State Legislature, the Governor acting in his discretion;

(b) in the case of a Minister or Secretary, the Chief Minister;

(c) in the case of a Government servant other than a Secretary, the Government of Karnataka;

(d) in the case of any other public servant, such authority as may be prescribed;

(5) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;

(6) "Government servant" means a person who is a member of the Civil Services of the State of Karnataka or who holds a civil post or is serving in connection with the affairs of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person, whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka;

(7) "Governor" means the Governor of Karnataka;

(8) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;

(9) "Lokayukta" means the person appointed as the Lokayukta under section 3;

(10) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case where,-

(a) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or

(b) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;

(11) "Minister" means a member of the Council of Minister for the State of Karnataka, but excluding the Chief Minister;

(12) "public servant" means a person who is or was at any time,-

(a) the Chief Minister;

(b) a Minister;

(c) a member of the State Legislature;

(d) a Government Servant;

(e) the Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify;

(f) member of a Committee or Board, statutory or non-statutory, constituted by the Government; and

(g) a person in the service or pay of,-

(i) a local authority in the State of Karnataka;

(ii) a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Government and any other board or corporation as the State Government may having regard to its financial interest therein, by notification from time to time, specify;

(iii) a company registered under the Companies Act, 1956, in which not less than fifty one per cent of the paid up share capital is held by the State Government, or any company which is a subsidiary of such company;

(iv) a society registered or deemed to have been registered under the Karnataka Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the official Gazette;

(v) a co-operative society;

(vi) a university;

Explanation.- In this clause, "Co-operative Society" means a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959, and "university" means a university established or deemed to be established by or under any law of the State Legislature,

(13) "Secretary" means a Secretary to the Government of Karnataka and includes a Special Secretary, an Additional Secretary and a Joint Secretary;

(14) "Upalokayukta" means a person appointed as Upalokayukta under section 3.

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1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.




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