- 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 specific action taken by him means any affirmation that such public functionary in his capacity as a public functionary-(i)is guilty of corruption, or lack of integrity; or(ii)was actuated in the discharge of his functions by personal interest or corrupt motives; or(iii)has abused his position to obtain any gain or favour to himself or to any other person;(3)"Bench" means a bench constituted in accordance with section 9;(4)"competent authority" means-(a)in the case of a Minister, the Council of Ministers, and(b)in the case of any other public functionary, such authority as may be prescribed;(5)"Governor" means the Governor of the State of Gujarat;(6)"Lokayukta" means a person appointed as a Lokayukta under section 3;(7)"Lokayukta Aayog" means Institution of the Lokayukta Aayog comprising of Lokayukta and Up-Lokayuktas appointed under section 3;(8)"Minister" means a member of the Council of Ministers for the State of Gujarat by whatever name called, that is to say the Chief Minister, a Minister, Minister of State and Deputy Minister and includes a Parliamentary Secretary to the Chief Minister;(9)"prescribed" means prescribed by rules made under section 26;(10)"public functionary" means, -(a)a person who holds or has held an office of -(i)a Minister;(ii)the Chairman or the Vice-Chairman of a Government Company within the meaning of section 617 of the Companies Act, 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 of a Company which is subsidiary of a company in which not less than fifty one per cent. of its paid up share capital is held by the State Government;(iii)the Chairman or the Vice-Chairman of a Corporation established by or under the Bombay Act or Gujarat Act and owned or controlled by the State Government;(iv)the Vice-Chancellor of a University established by law in the State of Gujarat;(v)the Mayor or the Deputy Mayor of a Municipal Corporation constituted under the Gujarat Provincial Municipal Corporations Act, 1949;(vi)the President or the Vice-President of a municipality constituted under the Gujarat Municipalities Act, 1963;(vii)the Sarpanch or the Up-sarpanch of a village panchayat, the President or the Vice-President of a taluka panchayat or a district panchayat constituted under the Gujarat Panchayats Act, 1993;(viii)the Chairman of any Committee constituted under the Gujarat Provincial Municipal Corporations Act, 1949 or the Gujarat Municipalities Act, 1963 or the Gujarat Panchayats Act, 1993;(ix)the Councilor who is a member of any committee constituted under the Gujarat Provincial Municipal Corporations Act, 1949 or the Gujarat Municipalities Act, 1963;(x)the member who is elected to any committee constituted under the Gujarat Panchayats Act, 1993;(b)a person who is or has been in the service or pay of the State Government, Local Authority, University, Board or Corporation owned and controlled by the State Government or the Government Company;(11)"Public servant" shall have the same meaning as assigned to it in Twelfth description under section 21 of the Indian Penal Code.(12)"Up-Lokayuktd" means a person appointed as Up-Lokayukta under section 3.
