section 2
Definitions
The Kerala Public Men’s Corruption (Investigations and Inquiries) Act, 1987General198734 sections
Statutory text
In this Act, unless the context otherwise requires,—
- (a) “Commission” means a commission constituted under section 4;
- (b) “complaint” means a complaint alleging that a public man has committed corruption;
- (c) “competent authority” in relation to a public man means,—
- (i) in the case of Chief Minister or a Member of the State Legislature, the Governor acting in his discretion;
- (ii) in the case of Minister, the Chief Minister;
- (iii) in the case of any other public man, the Secretary to the Commission
- (d) “family” of a public man means the spouse and such parents, unmarried sisters and children of the public man as are dependent on him;
- (e) “Governor” means the Governor of Kerala;
- (f) “local authority” means a municipal corporation or a municipal council or a Development Authority or a township committee or a panchayat and includes a district council as may be constituted under the Kerala District Administration Act, 1979 (7 of 1980);
- (g) “member” means a member of the Commission;
- (h) “political party” means a political party or group which has representation in Parliament or in the Legislative Assembly; or a political party which is treated as a recognized political party in accordance with paragraph 6 of Election Symbols (Reservation and Allotment) Order, 1968;
- (i) prescribed means prescribed by rules made under this Act;
- (j) public man means a person who holds or has held in the State the Office of—
- (i) a Minister or the Chief Minister of the State of Kerala; or
- (ii) a Member of the Legislative Assembly of the State of Kerala; or
- (iii) a member or the President of the Travancore Devaswom Board or the Cochin Devaswom Board or a member or the Chairman of the Guruvayoor Devaswom Managing Committee or a member or the Chairman of the Kerala Wakf Board; or
- (iv) the President or the Vice-President or the Chairman or the Vice-Chairman or the Mayor or the Deputy Mayor or the Commissioner or the Secretary, or the Standing Committee Chairman (by whatever name called) of
- (A) a local authority; or
- (B) a Government Company as defined in S.617 of the Companies Act, 1956 (Central Act 1 of 1956); or
- (C) a statutory body or Corporation or Board established by or under a statute and owned or controlled by the Government of Kerala including a co-operative society; or
- (D) any other Corporation or Board or society owned or controlled by the Government of Kerala; or
- (E) a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)
- (v) a member of a local authority or the Syndicate or Executive Committee of a University established by an Act of the State Legislature or a member or Director (by whatever name called) of a body or Corporation or Board or society referred to in item (C) and item (D) of sub-clause (iv); or
- (vi) a member of the State Transport Authority or any Regional Transport Authority; or
- (vii) the President, Secretary or Treasurer or any other office bearer of a registered trade union; or
- (viii) the Chairman or Vice-Chairman or President or Vice-President or Secretary or Treasurer or any other office bearer of a political party at the district or State level; or
- (ix) the Chairman or Manager or Secretary or Correspondent having control over the administration of a Private School, whether under individual or corporate management, which receives or has received aid or grant from the Government under the Kerala Education Act, 1958 (6 of 1959) and the rules made thereunder; or
- (x) the Chairman or Manager or Secretary or Correspondent having control over the administration of a Private College whether under a unitary or corporate management which is affiliated to a University in the State of Kerala and is governed by the Private Affiliated Colleges (Arts and Science Colleges) Staff Direct Payment of Salary Rules, 1972; or
- (xi) the Chairman or Manager or Secretary or Correspondent having control over the administration of a Private College whether under a unitary or corporate management, affiliated to a University in the State of Kerala and which receives aid or grant from the Government; or
- (xii) the Chairman or Manager or Secretary or Correspondent having control over the administration of a Private Engineering College or Private Polytechnic, whether under a unitary or corporate management affiliated to a University in the State of Kerala or State Board Technical Examination, Kerala, as the case may be, and is governed by the Rules for payment of salaries to the staff of the Private Engineering Colleges and Polytechnics, 1972. Explanation.—In this clause—
- (a) co-operative society means a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969);
- (b) society means a society registered in the State under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (XII of 1955) or under the Societies Registration Act, 1860 (Central Act 21 of 1860);
- (c) registered trade union means a trade union registered under the Trade Unions Act, 1926 (Central Act 16 of 1926);
- (k) “public servant” means a public servant as defined in S. 21 of the Indian Penal Code (Central Act 45 of 1860) and in the Kerala Criminal Law Amendment Act, 1962 (27 of 1962);
- (l) State means the State of Kerala.
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