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State of Madhya Pradesh - Section

Section 2 in The M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"Officer" means a person appointed to a public service or post in connection with the affairs of the State of Madhya Pradesh;
(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 to any person;
(ii)was actuated in the discharge of his functions as such public servant by improper or corrupt motives;
(iii)is guilty of corruption; or
(iv)is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf.
Explanation. - For the purpose of this sub-clause 'family' means husband, wile, sons and unmarried daughters living jointly with him;
(c)"Up-Lokayukt" means a person appointed as a Up-Lokayukt under Section 3;
(d)"action" means action by way of prosecution or otherwise taken on the report of the Lokayukt or Up-Lokayukt and includes failure to act; and all other expressions connecting action shall be construed accordingly;
(e)"Minister" means a member of the Council of Ministers by whatever name called for the State of Madhya Pradesh that is to say [Chief Minister] [Inserted by M.P. Act No. 7 of 1982 (w.e.f. 28-1-1982).], Deputy Chief Minister, Minister, Minister of State, Deputy Minister and Parliamentary Secretary [and shall include Neta Pratipaksha as defined in clause (a) of Section 2 of the Madhya Pradesh Vidhan Mandal Neta Pratipaksha (Vetan Tatha Bhalta) Adhiniyam, 1980 (No. 8 of 1980);] [Substituted by M.P. Act No. 7 of 1982 (w.e.f. 28-1-1982).]
(f)"Lokayukt" means a person appointed as the Lokayukt under Section 3;
(g)"Public servant" means person falling under any of the following categories, namely,-
(i)Minister;
(i)a Government company within the meaning of Section 617 of the Companies Act, 1956; or
(ii)a Corporation or local, authority established by State Government under a Central or State enactment.]
(vi)[ (a) Up-Kulpati, Adhyacharya and Kul-Sachiva of the Indira Kala Sangeet Vishwavidyalaya constituted under Section 3 of the Indira Kala Sangeet Vishwavidyalaya Act, 1956 (No. 19 of 1956); [Inserted by M.P. Act No. 5 of 1985 (w.e.f. 26-4-1985).]
(ii)a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Madhya Pradesh Vidhan Sabha and Neta Pratipaksha;
(iii)an officer referred to in clause (a);
(iv)[ an officer of an Apex Society or Central Society within the meaning of clause (t-1) read with clauses (a-1), (c-1) and (z) of Section 2 of the Madhya Pradesh Co-operative Societies Act 1960 (No. 17 of 1961);] [Substituted by M.P. Act No. 7 of 1982 (w.e.f. 28-1-1982).]
(v)[ Any person holding any office in, or any employee of- [Inserted by M.P. Act No. 7 of 1982 (w.e.f. 28-1-1982).]
(b)Kulpati and Registrar of the Jawaharlal Nehru Krishi Vishwavidyalaya constituted under Section 3 of the Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1963 (No. 12 of 1963);
(c)Kulpati, Rector and Registrar of the Vishwavidyalaya constituted under Section 5 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973).]
(h)"Competent authority" in relation to a public servant, means,-
(i) in the case of a Minister or Secretary. Chief Minister or during the period of operation ofproclamation issued under Article 356 of the Constitution ofIndia, the Governor,
(ii) in the case of any other public servant. Such authority as may be prescribed;
(i)"Secretary" means the Chief Secretary, a Principal Secretary, an Additional Chief Secretary, and a Secretary to Government of Madhya Pradesh and includes an Additional Secretary and a Special Secretary.