Definitions

In this Act, unless the context otherwise requires:-

1. (a) “action” means any action taken by a public servant in the discharge of his functions as such public servant, by way of decision, recommendation or finding or in any other manner and includes any omission or commission or failure to act and all other expressions connecting action shall be construed accordingly;
2. (b) “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;
3. (c) “Competent authority” in relation to a public servant means:-
   • (i) in case of a Chief Minister or a member of State Legislature The Governor acting in his discretion.
   • (ii) in case of a Minister, Chief Secretary or or Secretary The Chief Minister.
   • (iii) in case of any other public Servant Minister of the concerned department.
4. (d) “Corruption” includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988.
5. (e) “grievance” means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
6. (f) “Lokayukta” means a person appointed as a Lokayukta under section 3;
7. (g) “maladministration” means action taken or purporting to have been taken in the exercise of administrative function 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 in taking such action, or the administrative procedure or practice governing such action involves undue delay;
8. (h) “Minister” means a member of the Council of Ministers and includes the Chief Minister, a Minister of State or its equivalent and the Leader of Opposition;
   • (i) “officer” means a person appointed to a public service or post in connection with the affairs of the State;
9. (j) “prescribed” means prescribed by rules made under this Act;
   • (i) Every Minister referred to in clause
10. (h) and also member of State Legislative Assembly;
    • (ii) Every officer referred to in clause (i);
    • (iii) Every person in the service or pay of:-
11. (a) any local authority in the State which is notified by the State Government in this behalf;
12. (b) any Corporation (not being a local authority) established by or under any law or owned or controlled by the State Government;
13. (c) any Government Company within the meaning of Registration of Companies Act, Sikkim, 1961; or
14. (d) any society registered under Notification no.2602 A/H dated 25th March 1960 or the Sikkim Registration of Societies, Associations and Other Voluntary Organizations Act, 2008 or any other law for the time being in force, which is subject to the control of the State Government and which is notified by that Government in this behalf;
15. (e) a Co-operative society; or
16. (f) a university; Explanation:- In this clause, “Co-operative Society” means a cooperative society registered or deemed to have been registered under the law for the time being in force and “University” means a university established or deemed to be established by or under any law of the State Legislature.
    • (iv) The Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State of Sikkim or a statutory body or corporation established by or by under any law of the State Legislature, including a co-operative society, or a Government Company and such other corporations or boards as the State Government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify;
    • (v) member of a Committee or Board, statutory or non-statutory, constituted by the Government;
17. (k) “Secretary” means a Secretary or a Principal Secretary, or a Special Secretary or an Additional Secretary to the State Government.
18. (l) “State” means State of Sikkim.