Chapter II DEFINITIONS

General202366 sections12 chapters

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2. Definitions.

Statutory text

(1) In this Act, unless the context otherwise requires,-
- (a) "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 connoting action shall be construed accordingly;
- (b) "administrative department" means the department specified under the Maharashtra Government Rules of Business;
- (c) "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;
- (d) "bench" means a bench of the Lokayukta;
- (e) "Chairperson" means the Chairperson of the Lokayukta;
- (f) "competent authority", in relation to,-
  - (i) the Chief Minister, means the Maharashtra Legislative Assembly;
  - (ii) Ministers referred to in clause (o), means the Governor;
  - (iii) a Member of the Maharashtra State Legislature other than a Minister means,-
- (a) in the case of a Member of the Maharashtra Legislative Council, the Chairman of the Council; and
- (b) in the case of a Member of the Maharashtra Legislative Assembly, the Speaker of the Assembly;
  - (iv) persons referred to in clause (d) of sub-section (1) of section 12, the Minister of the concerned administrative department;
  - (v) All India Services Officers (including Indian Administrative Service, Indian Police Service, Indian Forest Services, etc.), means the Chief Minister;
  - (vi) an officer in the department of the State Government means the Minister in-charge of the department under which such officer is serving: Provided that, if such officer is head of the department declared by the State Government then, competent authority shall be the Chief Minister;
  - (vii) a Chairperson or Member of any body or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under the Act of the Parliament or of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the Minister in-charge of the administrative department of such body or board or corporation or authority or company or society or autonomous body: Provided that, if such Chairperson or Member is All India Services Officer then, the competent authority shall be the Chief Minister;
  - (viii) an 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 the Act of the Parliament or of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the head of such body or board or corporation or authority or company or society or autonomous body; 1[Explanation.- For the purposes of this Act, the Chairperson or Member or an 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 the Act of the Parliament, means only such Chairperson, Member or person appointed by the State Government under the Act of Parliament.]
  - (ix) in any other case not falling under sub-clauses (i) to (viii) above, means such department or authority as the State Government may, by notification in the Official Gazette, specify: Provided that, if any person referred to in sub-clause (vii) or sub-clause (viii) is also a Member of the Maharashtra State Legislature but not being the Chief Minister or the Member of the Council of Ministers, then the competent authority shall be-
- (a) in case such Member is a Member of the Maharashtra Legislative Council, the Chairman of the Council; and
- (b) in case such Member is a Member of the Maharashtra Legislative Assembly, the Speaker of the Assembly: Provided further that, for the purposes of this clause, in cases, where the complaint is made against any person specified in this clause, in respect of corruption by such person, the competent authority specified in this Act for the said person at the time of alleged act of corruption, shall be the competent authority for taking action under this Act: Provided also that, if the person against whom the complaint is made is the same person acting as the competent authority for such complaint, in such a case, the Governor shall be the competent authority for such person under this Act;
- (g) "complaint" means a complaint made under this Act;
- (h) "full bench" means bench of Lokayukta consisting of the Chairperson and all appointed Members which shall not be less than three including Chairperson;
  - (i) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
- (j) "investigation" means an investigation defined 2[under clause (l) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)];
- (k) "Judicial Member" means a Judicial Member of the Lokayukta appointed under the Act;
- (l) "Lokayukta" means the body established under section 3;
- (m) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case,-
  - (i) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory, or
  - (ii) where there has been negligence or undue delay, with malafide intention, in taking such action, or the administrative procedure or practice governing such action involves undue delay;
- (n) "Member" means a Member of the Lokayukta;
- (o) "Minister" means and includes,-
  - (i) a member of the Council of Ministers, but does not include the Chief Minister;
  - (ii) Minister for State;
  - (iii) any other person upon whom the status of a Minister or Minister for State has been conferred by the Government;
- (p) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Maharashtra;
- (q) "preliminary inquiry" means an inquiry conducted under this Act by the Lokayukta;
- (r) "prescribed" means prescribed by rules and regulations made under this Act;
- (s) "public servant" means a person referred to in sub-section (1) of section 12 but does not include,-
  - (i) a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950 (46 of 1950), the Air Force Act, 1950 (45 of 1950), the Navy Act, 1957 (62 of 1957) and the Coast Guard Act, 1978 (30 of 1978) or the procedure is applicable to such public servant under those Acts ; or
  - (ii) a person who is or has been working on the Group 'D' post in the State Government, or its equivalent posts in the Government company, Government corporation, Government society or Government association;
- (t) "regulations" means regulations made by the Lokayukta under this Act;
- (u) "rules" means the rules made under this Act ;
  - (v) "Schedule" means a Schedule appended to this Act ;
- (w) "Secretary" means a Secretary to the Government of Maharashtra and includes Chief Secretary, Additional Chief Secretary and Principal Secretary ;
  - (x) "Special Court" means the court of a special judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988 (49 of 1988).
- (y) "State Agency" means an authority of the State Government competent to make inquiry or investigation of any offence.
(2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 (49 of 1988), shall have the same meanings as respectively assigned to them in the said Act.

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