Definitions

In this Act, unless the context otherwise requires:- (a) “Board” means the Chairperson and the other members of the Lokayukta collectively. (b) “Complaint” means an allegation of corruption or a request by whistleblower for protection or a request for redressal of certain grievances covered under this Act. (c) “Lokayukta” means and includes, (i) The Board; (ii) Benches constituted under this Act and performing functions under this Act; (d) “Lokayukta Bench” means a Bench of two or more members of the Lokayukta with or without the Chairperson acting together in respect of any matter in accordance with the regulations framed under the Act. Each bench shall have a member with legal background. (e) “Act of corruption” means and includes -: (i) anything made punishable under the Prevention of Corruption Act, 1988; which would also include any offence committed by an elected member of Uttarakhand Legislative Assembly subject to Article 194 of the Constitution of India; (ii) willfully giving any undue benefit by a public servant to any person or obtaining any undue benefit by a public servant from any person in violation of any laws or rules; (iii) victimization of a whistleblower or a witness; (iv) non-delivery of Service even after the Second Appeal under the Uttarakhand Right to Service Act, 2011. (f) “Full bench” means a bench with five members, or all the members, whichever is less with or without the Chairperson. (g) “Government” means government of Uttarakhand. (h) “Government Servant” means a public servant, who is serving in connection with the affairs of the State of Uttarakhand and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any body whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Uttarakhand. (i) “Judicial officer” means the officers appointed under Section 23 of this Act. (j) “Public authority” means any authority or body or institution of self-governance established or constituted – (i) by or under the Constitution; or (ii) by or under any other law made by the state legislature; or (iii) by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed by the Government; (k) “Public servant” means a person who has held or is holding public office and is or has been public servant within the meaning of section 2(c) of Prevention of Corruption Act, 1988 related to the state of Uttarakhand. It is clarified that public servants shall include the Chief Minister of Uttarakhand state, all Ministers in the Council of Ministers of Uttarakhand state and Members of Legislative Assembly. It is further clarified that public servants shall not include Judges of Uttarakhand High Court. (l) “Whistleblower” means any person, who provides factual information with substance about corruption in a public authority or is a witness or victim in a case of corruption before the Lokayukta or who faces the threat of (i) professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination or (ii) physical harm, or (iii) is actually subjected to any harm; because of either making a complaint to the Lokayukta under this Act, or by any other legal action aimed at preventing or exposing corruption.