Definitions

Definitions.-In this Act, unless the context otherwise requires,-

1. (1) "Accountability Commission" means the institution established under section 3;
2. (2) "action" means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions conveying action shall be construed accordingly;
3. (3) "allegations" in relation to a public functionary includes any affirmation that such public functionary in his capacity as such -
   • (a) is guilty of corruption, favouritism, nepotism or lack of integrity;
   • (d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the class to which he belongs;
   • (e) or any person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income.
4. (4) "Chairperson" means the Chairperson of the Accountability Commission appointed under clause
   • (a) of sub-section
5. (2) of section 3;
6. (5) "Chief Minister" means the Chief Minister of the State;
7. (6) "competent authority" means-
   • (i) in the case of the Chief Minister, the Governor;
   • (ii) in the case of a Minister, the Chief Minister or as the case may be, the Governor;
   • (iii) in the case of any other public functionary, such authority as may be prescribed.
8. (7) "corruption" includes anything made punishable as such under Chapter IX of the Jammu and Kashmir State Ranbir Penal Code, Samvat 1989, or under the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 or any other law in force;
9. (8) "Governor" means the Governor of the State;
10. (9) "grievance" includes a claim by a person that he sustained injustice or undue hardship in consequence of maladministration; Provided that it shall not include any claim by an employee of a public authority with respect to his service matters;
11. (10) "maladministration" includes action taken or purporting to have been taken in exercise of constitutional/administrative functions in any case, where-
    • (a) such action is illegal, unreasonable, unjust, oppressive or unreasonably discriminatory;
    • (b) there has been negligence or undue delay in taking such action. Explanation:-For the purpose of this sub-clause,-
      • (i) 'negligence' means failure to exercise that reasonable and proper care and caution which having regard to all circumstances out of which the allegation and grievance has arisen, it was the imperative duty of such person to have adopted;
      • (ii) 'undue delay' means failure to take an action within such period as a prudent and reasonable man would consider it sufficient having regard to all the circumstances of the case;
12. (11) "Member" means a member of the Accountability Commission appointed under clause
    • (b) of sub-section
13. (2) of section 3;
14. (12) "Minister" means a member (other than the Chief Minister) of the Council of Ministers and includes a Deputy Chief Minister, a Minister, a Minister of State and a Deputy Minister or Advisor to Governor/Chief Minister;
15. (13) "Notification" means a notification published in the Government Gazette and the expression "notified" shall be construed accordingly;
16. (14) "officer" means a person appointed to a civil or public service or post in connection with the affairs of the State;
17. (15) "prescribed" means prescribed by rules made under this Act;
18. (16) "public functionary" means a person who is or was at any time-
    • (i) the Chief Minister or a Minister;
    • (ii) a Member of the State Legislature;
    • (iii) an Officer referred to in Clause 14;
    • (iv) a Chairman, Vice-chairman, a Member of a local authority or a Chairman of its Standing or Subject Committee;
    • (v) a Vice-Chancellor or Registrar of a University established or deemed to have been established by law made by the State Legislature;
    • (vi) a Chairman, Vice-Chairman, Managing Director or a Member of the Board of Directors (by whatever name called) in respect of,-
    • (a) any statutory body or corporation (not being a local authority) established by or under a State or Central Act and owned or controlled by the State Government;
    • (b) any society registered under the Jammu and Kashmir Societies Registration Act, Samvat 1989 which is subject to the control of the State Government;
    • (c) any cooperative society registered or deemed to be registered under the relevant law for the time being in force which is subject to the control of the State Government and which is notified in this behalf in the Gazette;
    • (d) any Government company within the meaning of section 617 of the Companies Act, 1956 in which not less than 51 per cent of its paid-up share capital is held by the State Government or any company which is a subsidiary of such a company in which not less than 51 per cent of its paid-up share capital is held by the State Government;
    • (e) such other body or corporation owned or controlled by the State Government as the State Government may having regard to its financial interest therein, by notification from time to time specify; or
      • (vii) a person in the service or pay of a local authority, university, statutory body or corporation, society, Government company or other institution as is referred to in sub-clauses
      • (iv) to (vi); Explanation:-For the purpose of this clause, 'local authority' shall include an authority constituted under any Act for running the affairs of the cities or towns and includes designated authority for any area;
19. (17) "State" means the State of Jammu and Kashmir.