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State of Telangana - Section

Section 2 in Telangana 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.](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;(ia)[ has failed to discharge the functions attached to his post;] [Inserted by Act No.31 of 2017.](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, The Chief Minister. Chief Secretary or Secretary.(ii)in the case of a Member The Speaker of the of either House of the Legislative Assembly or State Legislature. as the case may be the Chairman of the Legislative Council.(iii)in the case of any other Such authority as may public servant. be prescribed.(d)[ "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 (Central Act 45 of 1860). or under the Prevention of Corruption Act, 1988 (Central Act 49 of 1988). as amended from time to time;] [Substituted by Act No.1 of 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;] [Clause (ea) inserted by Act No.11 of 2011.](f)"Lokayukta" means a person appointed to be the Lokayukta under section 3;(fa)[ "Maladministration" means action taken or purporting to have taken in exercise of administrative function in any case where,- [Clause (fa) inserted by Act No.11 of 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 [Telangana] [Substituted by Act No.1 of 2007.] and includes a Deputy Chief Minister, a Minister, a Minister of State, a Deputy Minster or a Parliamentary Secretary;](h)"notification" means a notification published in the [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] 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 [Telangana] [Clause (i) substituted by Act No.11 of 2011.];](j)"prescribed" means prescribed by rules made under this Act;(k)[ "public servant" means a person who is or was at any time,-] [Clause (k) substituted by Act No.1 of 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 Chair-person 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 [Telangana] [Substituted by Act No.11 of 2011.] Panchayat Raj Act, 1994;] (Act No.13 of 1994).
(2)every Mayor [every Deputy Mayor and elected members] [Inserted by Act No.11 of 2011.] of a Municipal Corporation constituted by or under the relevant law for the time being in force;
(3)[ Every Chair-person, Vice Chair-person and elected members of a Municipal Council constituted under the Telangana] [Substituted by Act No.11 of 2011.] Municipalities Act, 1965;.
(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 [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.];
(2)any statutory body or Corporation (not being a local authority) established by or under [a State Act or a Central Act] [Substituted for the words 'a State Act' by Act No.11 of 2011.] and owned or controlled by the Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] 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] [Please see the relevant provisions of the Companies Act, 2013 (Central Act No.18 of 2013) wherein 1956 Act is repealed.] (Central Act 1 of 1956) in which not less than 51 percent of its paid up share capital is held by the Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] or any Company which is a subsidiary of such company;
(4)any society registered under the [Telangana] [Adapted by G.O.Ms.No.20, Revenue (Regn.II) Department, dated 18.08.2014.] Societies Registration Act, 2001 (Telangana Act 35 of 2001) [XXX] [Omitted by Act No.31 of 2017.];
(5)[ any Co-operative Society registered or deemed to be registered under the [Telangana Co-operative Societies Act, 1964] [Substituted by Act No.11 of 2011.] (Telangana Act 7 of 1964). and the [Telangana] [Adapted by G.O.Ms.No.28, Agriculture and Cooperation (Coop.II) Department, dated 19.04.2016.] Mutually Aided Co-operative Societies Act, 1995 (Telangana Act 30 of 1995). having its area of operation in the State either whole or in part;]
(6)Member of a Committee or Board, statutory or non-statutory, constituted by the Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.];
(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.];]
(l)[ "Secretary" means a Secretary to the Government, and includes the Chief Secretary, Special Chief Secretary, Principal Secretary, an Additional Secretary and a Joint Secretary;] [Substituted by Act No.31 of 2017.]
(m)"Upa-Lokayukta" means a person appointed to be the Upa-Lokayukta under section 3.