Vidhi Codex

section 2

Definitions

The Himachal Pradesh Lokayukta (Amendment) Act, 2021
General201458 sections
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Statutory text
  1. (1) In this Act, unless the context otherwise requires,—
    • (a) "competent authority" means,—
      • (i) in relation to the Chief Minister, the Himachal Pradesh Legislative Assembly;
      • (ii) in relation to a Minister, the Chief Minister;
      • (iii) in relation to a member of the Himachal Pradesh Legislative Assembly other than a Minister, the Speaker of the Legislative Assembly;
      • (iv) in relation to any officer of the Department of the State Government, the Minister in-charge of the Department under whom such officer is serving;
      • (v) in relation to any Chairperson, Vice-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 the State Legislature or wholly or partly financed or controlled by the Central Government or the State Government, 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) in relation to any 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 the State Legislature or wholly or partly financed or controlled by the Central Government or the State Government, the head of such body or Board or Corporation or authority or company or society or autonomous body;
      • (vii) in relation to the Vice-Chancellor or Pro-Vice-Chancellor of an University established under an Act of the State Legislature, the Governor, Himachal Pradesh; and
      • (viii) in relation to any other case not falling under sub-clauses
      • (i) to
      • (vii) above, such Department or authority as may be specified by the State Government by notification: Provided that if any person referred to in sub-clause
      • (v) or sub-clause
      • (vi) is also a member of the Legislative Assembly, the Speaker of the Legislative Assembly shall be the competent authority;
    • (b) "complaint" means a complaint made in such form, as may be prescribed, accompanied by an affidavit, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Specified Corrupt Practices (Prevention) Act, 1983;
    • (c) "investigation" means an investigation as defined under clause
    • (h) of section 2 of the Code of Criminal Procedure, 1973;
    • (d) "Lokayukta" means a person appointed as such under section 4;
    • (e) "Minister" means a Minister of the State Government, by whatever name called, i.e., Minister, Minister of State, Deputy Minister and includes Chief Parliamentary Secretary and Parliamentary Secretary but does not include the Chief Minister;
    • (f) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
    • (g) "preliminary inquiry" means an inquiry conducted by the Lokayukta under this Act;
    • (h) "prescribed" means prescribed by rules made under this Act;
      • (i) "public servant" means a person referred to in clauses
    • (a) to
    • (j) of sub-section
  2. (1) of section 13 of this Act;
    • (j) "regulations" means regulations made under this Act;
    • (k) "rules" means rules made under this Act; and
    • (l) "Special Court" means the court of a Special Judge appointed under sub-section
  3. (1) of section 3 of the Prevention of Corruption Act, 1988.
  4. (2) The words and expressions used in this Act and not defined herein but defined in the Prevention of Corruption Act, 1988 or the Himachal Pradesh Specified Corrupt Practices (Prevention) Act, 1983 shall have the meanings respectively assigned to them in those Acts.

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