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State of Andhra Pradesh - Section

Section 2 in Andhra Pradesh Lokayukta Act, 1983

2. Definitions.

- In this Act, unless the context otherwise requires-(a)[ 'action' means an administrative action taken by a public servant by way of decision, recommendation or finding or in any other manner, and includes any omission and commission and failure to act in connection with or arising out of such action; and all other expressions connecting action shall be construed accordingly;] [Substituted by Act No. 1 of 2007, w.e.f. 28.2.2007.](b)'allegation' in relation to a public servant means any affirmation that such public servant-(i)has abused his position as such, to obtain any gain or favour to himself or to any other person, or to cause undue harm or hardship to any other person;(ii)was actuated in the discharge of his functions as such public servant by improper or corrupt motive and thereby caused loss to the State or any member or section of the public; or(iii)is guilty of corruption, or lack of integrity in his capacity as such public servant;(c)'competent authority' in relation to a public servant, means,-
(i) in the case of a Minister, Chief Secretary; orSecretary.   The Chief Minister.
(ii) in the case of a Member either House of theState Legislature.   The Speaker of the of Legislative Assembly or asthe case may be Chairman of the Legislative Council.
(iii) in the case of any other public servant.   Such authority as may be prescribed
(d)[ 'corruption' includes anything made punishable under Chapter IX of the Indian Penal Code. 1860 or under the Prevention of Corruption Act, 1988 as amended from time to time;] [Substituted by Act No. 1 of 2007, w.e.f. 28.2.2007.](e)'Government' means the State Government;(ea)[ 'Grievance' means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;] [Inserted by Act No. 11 of 2011, dated 18.4.2011.](f)'Lokayukta' means a person appointed to be the Lokayukta under Section 3;(fa)[ 'Mal administration' means action taken or purporting to have taken in exercise of administrative function in any case where,- [Inserted by Act No. 11 of 2011, dated 18.4.2011.](i)such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or(ii)there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involving undue delay;](g)[ 'Minister ' means a member (other than the Chief Minister) of the Council of Ministers, for the State of Andhra Pradesh and includes a Deputy Chief Minister, a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary;] [Substituted by Act No. 1 of 2007, w.e.f. 28.2.2007.](h)'notification' means a notification published in the Andhra Pradesh Gazette and the expression 'notified' shall be construed accordingly;(i)[ 'Officer' means a person appointed to a Public service in connection with the affairs of the State of Andhra Pradesh.] [Substituted by Act No. 11 of 2011, dated 18.4.2011.](j)'prescribed' means prescribed by rules made under this Act;(k)[ public servant' means a person who is or was at any time; [Substituted by Act No. 1 of 2007, w.e.f. 28.2.2007.](i)Minister as referred to in clause (g);(ii)Member of either House of the State Legislature including the Chief Whip;(iii)Officer as referred to in clause (i);(iv)[(1) Every Chair-person, Vice Chairperson and Members of Zilla Praja Parishad and every President and Members of Mandal Praja Parishad and Sarpanch, Upa-Sarpanch and Members of a Gram Panchayat, constituted by or under the Andhra Pradesh Panchayat Raj Act, 1994;]
(2)every Mayor [every Deputy Mayor and elected members] [Inserted by Act No. 11 of 2011, dated 18.4.2011.] of a Municipal Corporation constituted by or under the relevant law for the time being in force;
(3)[ Every Chairperson, Vice Chair-person and elected members of a Municipal Council constituted under the Andhra Pradesh Municipalities Act, 1965.] [Substituted by Act No. 11 of 2011, dated 18.4.2011.]
(v)every Chairman or President, by whatever name called of the Governing Body to which the management is entrusted and every director or member, if any, in respect of,-
(1)any local authority in the State of Andhra Pradesh;
(2)any statutory body or Corporation (not being a local authority) established by or under [a State Act or a Central Act] [Substituted 'a State Act' by Act No. 11 of 2011, dated 18.4.2011.] and owned or controlled by the Government of Andhra Pradesh and any other Board or Corporation as the Government may having regard to its financial interest therein specify by notification in the Gazette from time to time;
(3)any Government company within the meaning of Section 617 of the Companies Act, 1956 in which not less than 51 per cent of its paid up share capital is held by the Government of Andhra Pradesh or any Company which is a subsidiary of such company;
(4)any society registered under the Andhra Pradesh Societies Registration Act, 2001 which is subject to the control of the Government;
(5)[ any Co-operative Society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 and the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 having its area of operation in the State either whole or in part.] [Substituted by Act No. 11 of 2011, dated 18.4.2011.]
(6)Member of a Committee or Board, statutory or noil-statutory, constituted by the Government of Andhra Pradesh;
(vi)every Vice Chancellor and Registrar of a University in the State established by law made by the State Legislature:
(vii)Officer in the Service or pay of a local authority. University, Statutory Body or Corporation, Society or other institutions [as is referred to in sub-clauses (iv) to (vi)] [Added by Act No. 11 of 2011, dated 18.4.2011.];]
(l)'Secretary' means a Secretary to the Government, and includes the Principal Secretary, a Second Secretary, a Special Secretary, an Additional Secretary and Joint Secretary;
(m)'Upa-Lokayukta' means a person appointed to be the Upa-Lokayukta under Section 3.