- In this Act, unless the context otherwise requires,-(1)"action" means action taken whether before or after the commencement of this Act by way of decision, recommendation or finding or in any other manner and includes failure to act, and all other expressions connoting action shall be construed accordingly;(2)"allegation" in relation to a public functionary and with reference to any action taken by him, means any affirmation that such public functionary in his capacity as a public functionary-(a)is guilty of corruption, or lack of integrity; or(b)was actuated in the discharge of his functions by personal interest or improper or corrupt motives; or(c)has abused his position to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;(3)"competent authority", means(a)in the case of a Minister (other than the Chief Minister), the Chief Minister; and(b)in the case of any other public functionary, such authority, as may be prescribed;(4)"Lokayukta" means a person appointed as the Lokayukta under section 3;(5)"Minister" means a member of the Council of Ministers for the State of Gujarat by whatsoever name called, that is to say, the Chief Minister, a Minister, Minister of State and Deputy Minister includes a Parliamentary Secretary to the Chief Minister;(6)"prescribed" means prescribed by rules made under this Act;(7)"public functionary" means a person who holds or has held an office of-(a)a Minister;(b)the Chairman or the Vice-Chairman [or a non-official director or a non-official member] [These words added by Gujarat 26 of 2003, dated 17th September 2003.] of a Government Company within the meaning of section 617 of the Companies Act, 1956 (I of 1956) in which not less than fifty one per cent, of its paid up share capital is held by the State Government and the Chairman or the Vice-Chairman [or a non-official director or a non-official member] [These words added by Gujarat 26 of 2003, dated 17th September 2003.] of a Company which is subsidiary of a company in which not less than fifty one per cent, if its paid up share capital is held by the State Government;(c)[ the Chairman or the Vice-Chairman or a non-official director or a non-official member of a Corporation or Board established by or under the Bombay Act or the Gujarat Act or by the State Government and owned or controlled by the State Government;] [Sub-clause (c) substituted by Gujarat 26 of 2003, dated 17th September 2003.](d)the Vice-Chancellor of a University established by law in the State of Gujarat;(8)"Public servant" shall have the same meaning as in section 21 of the Indian Penal Code (21 of 1860).
