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State of Mizoram - Section

Section 2 in Mizoram Lokayukta Act, 2014

2. Definitions.

(1)In this Act unless the context otherwise requires,-
(a)"Action" means any action including 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 relating to such action shall be construed accordingly.
(b)"Bench" means a Bench of the Lokayukta;
(c)"Chairperson" means the Chairperson of the Lokayukta;
(d)"Competent authority", in relation to -
(i)the Chief Minister, means the Governor of Mizoram;
(ii)a member of the Council of Ministers and Parliamentary Secretaries means the Chief Minister;
(iii)a member of State Legislature other than a Minister means the Speaker;
(iv)an officer in the Department of the State Government means the Minister in charge of the Department under which such Officer is serving;
(v)a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or of a State Legislature or wholly or partly financed by the Government of Mizoram or controlled by it, means the Minister in charge of the administrative Department of such body, or Board or corporation or authority or company or society or autonomous body;
(vi)an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or of a State Legislature or wholly or partly financed by the State Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body;
(e)"Complaint" means a complaint, in a plain paper alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;
(f)"Corruption" includes anything made punishable under Prevention of Corruption Act, 1988 or under the Indian Penal Code (Act 45 of 1860);
(g)"Government" means the Government of Mizoram;
(h)"Investigation" means an investigation defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;
(i)"Judicial Member" means a Judicial Member of the Lokayukta appointed as such;
(j)"Lokayukta" means the body established under section 3;
(k)"Member" means a Member of the Lokayukta;
(l)"Minister" means Minister of the State Government of Mizoram but does not include the Chief Minister;
(m)"Notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(n)"Preliminary inquiry" means an inquiry conducted under this Act by the Lokayukta before proper investigation;
(o)"Prescribed" means prescribed by rules made under this Act;
(p)"Public servant" means a person defined as such in the Prevention of Corruption Act, 1988; but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978;
(q)"Rules" means rules made under this Act;
(r)"Regulations" means regulations made under this Act;
(s)"Schedule" means a schedule appended to this Act;
(t)"Search Committee" means a body of persons constituted under sub-section (3) of section 4 of this Act.
(u)"Special Court" means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988;
(v)"State" means the State of Mizoram or any other State;
(w)"Whistle blower" means any person who provides factual information with substance about corruption in a public authority or is a witness or victim in a case of corruption before the Lokayukta or who faces the threat of
(i)Professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination, or
(ii)physical harm, or
(iii)is actually subjected to any harm; because of either making a complaint to the Lokayukta under this Act, or by any other legal action aimed at preventing or exposing corruption.
(2)The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 and the Indian Penal Code shall have the meanings respectively assigned to them in that Act.Chapter -II Establishment of Lokayukta