section 2
Definitions
The Nagaland Lokayukta (Amendment) Act, 2019(1) In this Act, unless the context otherwise requires,— (a) "Assembly" means the Nagaland Legislative Assembly: (b) "Bench" means a bench of the Lokayukta; (c) "Chairperson" means the Chairperson of the Lokayukta; (d) "Governor" means the Governor of Nagaland: (e) "Competent authority", in relation to'— (i) The Chief Minister, means the Governor of Nagaland: (ii) A member of the Council of Ministers, means the Chief Minister: (iii) A member of Assembly other than a Minister, means the Speaker of the House, (iv) Vice Chancellor of a University, means the Chancellor; (v) A Secretary to the Government, means the Chief Minister; (vi) A Government servant other than Secretary, means the State Government; (vii) Any other public functionary, means such authority as may be prescribed. (f) "Complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988. (g) "Grievance" means a claim by a person that he suffered injustice or hardship as a consequence of maladministration; (h) "Investigation" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973; (i) "Judicial Member" means a Judicial Member of the Lokayukta; (j) "Lokayukta" or "Upa-Lokayukta" means a person appointed under Section 3; (k) "Mal-administration" means actions taken or purported to have been taken or failed to have been taken, where such action or failure is unreasonable, unjust, oppressive or improper or discriminatory or with undue delay or negligent or distortive of procedures, practices etc., governing such actions; (l) "Minister" means a member of the Council of Ministers and includes Parliamentary Secretaries/Advisers/Chairman but does not include the Chief Minister; (m) "Notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (n) "Preliminary inquiry" means an inquiry conducted under this Act. (o) "Prescribed" means prescribed by rules made under this Act: (p) "Public servant" means a person who is or was at any time- (i) The Chief Minister: (ii) A Minister; (iii) A Member of the State Legislature: (iv) A Government servant; and (v) 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 any Act of Assembly or wholly or partly financed by the State Government or controlled by it. (q) "Regulations" means regulations made under this Act; (r) "Rules" means rules made under this Act; (s) "Schedule" means a Schedule appended to this Act; (t) "Secretary" means the Chief Secretary, an Additional Chief Secretary, a Principal Secretary, a Commissioner & Secretary, a Special Secretary, a Secretary, an Additional Secretary, a Joint Secretary, a Deputy Secretary, an Under Secretary or such other officer as may be authorized by the Government, (u) "Special Court" means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988. (v) "Whistle blower" means any person who provides factual information with prima facie evidence about corruption in a public authority or is a witness or a victim in a case of corruption before the Lokayukta, - (i) or who faces the threat of professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of perks, adverse departmental proceedings, discrimination etc., (ii) or who is actually subjected to any harm as a consequence to his making any complaint to the Lokayukta under this Act, or any other legal action aimed at preventing or exposing Corruption. (2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act. (3) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.
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