Definitions

In this Act, unless there is anything repugnant in the subject or context : (1) “action” means administrative action taken by way of decision, recommendation, resolution or finding or in execution thereof or in exercise of administrative or legal functions in any other manner and includes wilful failure in taking action or omission to act and all other expressions relating to such action shall be construed accordingly; (2) “allegation” (a) in relation to a public servant means, any affirmation that such public servant; (i) has abused his position for any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person; or (ii) was actuated in the discharge of his functions as such public servant by personal interest or improper motive; or (iii) is guilty of corruption, favouritism, nepotism or lack of integrity; (iv) is guilty of any action as public servant which causes more waste or misappropriation of money or any other public property. (b) in relation to a municipality means, any affirmation that such municipality has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in the performance of its duties; (3) “complaint” means a statement of allegation that a public servant of a municipality is guilty of corruption or maladministration and includes any reference to an allegation in respect of which a suo motu enquiry has been proposed or recommendation for enquiry has been made by Government; (4) “corruption” means anything punishable under Chapter IX of the Indian Penal Code (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); (5) “maladministration” means action taken or purport to be taken in exercise of administrative functions in any case where (i) where the administrative procedure or practice governing such action is unreasonable, unjust, oppressive, discriminatory or nepotistic and will lead to illegitimate gain or loss or will deny deserving benefits; or (ii) there is clear negligence or undue delay in taking such action, or the administrative procedure or method regulating such administration is unduly delayed and includes the action leading to loss or waste or misuse of fund by reason of malafide; (6) “ombudsman” means the Ombudsman referred to in section 3; (7) “public servant” means an elected member of the municipality including its Chairperson or an employee or an officer under the municipality and includes any employee or any officer of the institution under the municipality; (8) “Secretary” means the Secretary of the ombudsman referred to in section 6; (9) “written document” means an order authorised by the Ombudsman in connection by any allegation or complaint.