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State of Odisha - Section

Section 2 in The Orissa Lokpal and Lokayuktas Act, 1995

2. Definitions.

- In this Act unless the context otherwise requires-
(a)"action" means action taken by a public servant in the discharge of his functions as such public servant, by way of decision, recommendation or finding or in any other manner and includes any omission or commission or failure to act and all other expressions connecting action shall be construed accordingly;
(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 personal interest or improper or corrupt motives; 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 case of Minister, Chief Secretary or Secretary ... The Chief Minister
(ii) in 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 or under the Prevention of Corruption Act, 1988;
(e)"grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
(f)"Lokpal" means a person appointed as the Lokpal under Section 3;
(g)"Lokayukta" means a person appointed as a Lokayukta under Section 3;
(h)"maladministration" means action taken or purporting to have been taken in the exercise of administrative function in any case-
(i)where such action or the administrative procedure or practice governing such action is unreasonable, unjust oppresive or improperly discriminatory; or
(ii)where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;
(i)"Minister" means a member of the Council of Ministers and includes the Chief Minister, Deputy Chief Minister, a Minister of State, a Deputy Minister and the Leader of Opposition or a Parliamentary Secretary;
(j)"officer" means a person appointed to a public service or post in connection with the affairs of the State;
(k)"prescribed" means prescribed by rules made under this Act;
(l)"public servant" denotes a person falling under any of the descriptions hereinafter following, namely :
(i)every Minister referred to in Clause (i);
(ii)every officer referred to in Clause (j) ;
(iii)every person in the service or pay of-
(a)any local authority in the State which is notified by the State Government in this behalf;
(b)any Corporation (not being a local authority) established by or under any law or owned or controlled by the State Government;
(c)any Government Company with the meaning of Section 61 of the Companies Act, 1956 in which not less than fifty-one per cent of the paid up share capital is held by the State Government, or any Company which is a subsidiary of a Company in which not less than fifty-one per cent of the paid up share capital is held by the State Government ; or
(d)any society registered under the Societies Registration Act, 1860 which is subject to the control of the State Government and which is notified by that Government in this behalf ;
(m)"Secretary" means a Principal Secretary, a Secretary a Special Secretary or an Additional Secretary to the State Government.