Amendment status not verified — confirm the current text below against the official source.
Difuutzons -In tlus Act, unlc'>S the context othcrwz~c zcquues,- (a) "dctwn" means any actzon mclucltng admtnJ~tratzvc action taken Ly \Nay of dcci'>IOn, recommendatiOn or findmg oz 111 any othc:r mannc1 v.nd uzclude~ wilful faiiuz c or omz~swn to act and all other cxprc>~zon~ z elatmg to ~uch .tctton shall be CL,mtrncd accordmgly; • (b) "allc~'tt!On", II1 relatiOn to a public sc1 vant, mcam any affirma- tiOn that ~uch pubhc senant,- • (I) has abused 11IS po'>JtJOn a-; ~uch public sci ,·ant to obtam any ~din ot favour to hunsclf or to anv other pet son or to came undue hat m or IIaidship to any other per'5on; ' • (u) was actuated m the dischat gc of his functiom as -;uch public sci vant by personal mtcrc>t 01 Il11PI oper OI con upt motn cs; or "- Rccn,<>ct th\' a~·cnt ol the Piesident on the 4th ddy of Mmch 199!J and pubb~hcd m the Kuala G.1zette E:>..tza Otdmazy l\o 437 dated 1th 1\lazch, 1999. 62 (iii) is guilty of corruption, favoUt i tism, nepotism or lack of integtity in his capacity as such pubhc servant, 1, (c) "Chief Mimste1" means the Chief Minister of the State; (d) "competent authOIIty", m relation to a public sen·ant, means,- (1) m the case of the Ch1ef Mm1~ter or a l'vlember of the State Leg1slature, or an office beat et of a pohttcal party, at the State level, the Governor actmg m h1s discretion, (u) m the case of a Mmister ot See~ ctat y, the Chref Minister; (w) in the case of an officct of the All Ind1a Set vices, employed m connccuon Wllh the afT au s of the State, the Mm1~tet conce1 ned; • (1v) 111 the. case of a Govc1nment servant, othet than a Sectetary, the Government of Ker ala, (v) m the ca'>e of any other pubhc ~ervant, such authority, as ~ may be p1 escnbed, (e) "cott uptwn" mcludes anythmg made pum~hable under Chapter lX of the Indtan Penal Code (Central Act 45 of 1860) or under the P1 event JOn of CorruptiOn Act, 1988 (Cent1al Act 49 of 1988), (f) "Government servant" means a .pet son who is a member of the civil serviCes of the State of Kerala or who holds a civil post or IS servm15 in connectiOn With the afTaJrs of the State of Kerala and mcludes any such pe1son who~e services are temporarily placed at the disposal of the Go,·ern- ment of Ind1a, the GoYernment of another State, a local authonty or any per son, whethe1 mco1 poratcd 01 not, and also any person m the service of the Central or another State Gove1 nment or a local or .other authority whose ~ervices a1 e tempm arily placed at the d1~posal of the Gover ~ment of Ke1 ala; EJ.planatzou -For the purpose of th1s dause the tctl m 'another State Gove1nment' mcludes the Unwn Tcrntor1es, (g) "Governor" means the GO\, ernor of Kerala, • (h) "glle\·ance'' meam a claim by a penon that he ~ustamcd lllJU~tJce or undue ha1 dshrp m consequence of mal-admmrstra tron; (r) "local autho11ty" mcdns d Panchayat at any level comlltutcd undc1 the Kerala PanchavatRajA<..t, 1994 (13of 1994) 01.1 Town Pauchayat or cl Mun1c1pa1 Cou nCII or a M u111C1pal C01 p01 at !On comt1t11 ted under the Kc1 ala MuniCipality Act, 1994 (20 of 1994); 63 ( J) "Lok Ayukta" mc:ms the person appointed as the Lok Ayul;:ta ~ under ~ccuon 3; (k) "mal-admmi~trauon" meam action taken or pU! p01 ting to have been taken in. the exercise of admm1~tl at1ve funct1ons m any ca~e where,- (1) such act• on or the admmisti ati\'e procedure or practice adopted m such action J'> unre,lsonablc, UI1JUSt, oppres~1vc or 1mproperly discrunmatm y; or (u) there has been \Vilful negligence 01 undue delay 111 taking such actiOn or the admimstrauvc procedure or p1 act1ce adopted m such action mYolves undue delay; (I) "Ministet" means a member of the Council of Mm1stcrs of the State, exclucbng the Ch1ef Muuster; (m) "pohttcal party" means a political patty or group which ha<; rep1 esentauon m Parliament or Ill the Kerala Legislative Assembly, or a pohtical party wh1ch 1s treated as a recognised pohttcal party m accordance W1th paragraph 6 ot the ElectiOn Symbols (Resc-rvatwn and Allotment) Order, 1968 or a political party registered under sectwn 29A of the Repre- sentation of People's Act, 1951 (Central Act 43 of 1951), (n) "prescnbed" means prescnbed by rules made under thi~ Act; ( o) "pubhc se1 vant" means a person who 1s or was at any time,- (1) the Chief Mmi'>tcr; (u) a Minister, (m) a member of the Legis! a tive Assembly of the State of Kerala; (iv) a GO\&lllmcnt sen·ant; • (v) the Chairman and the Vice-Chairman (by whate\'er name called) or a mem.t>er of a local authonty in the State or a statutory body or corporatwn establiShed by or under any law of the State Leg1slature, mcluding a co-opcrat1vc society, or a Go,ernment Company withm the mcanmg of section 617 of the Companies Act, 1956 (Central Act l of 1956) and suchoother CorporatiOns or Boards, as the Government may, having regard to 1ts financial ·interest, in such CorporatiOns or Boards, by notification, from time to time, specify; (vi) a member of a Committee Ol' Board or Authority or Cor- poration, :~tatutory or non-statutory, constitutted by the Government of Kerala; 64 (vii) a per~on in the ~e1 vice or pay of,- (A) a local authonty in the State; (B) a statu tot y body or a cOt·potation (not being a local authority) estab!tshcd by or under State or a Central Act, owned or controlled by the Govei nment of Kerala and any other boat d or co1 porauon a~ the Govern- ment may, havmg tcgard to Jt~ finanCtalmtetcst thc1em, ~pcc1fy, by_nott- fica uon 111 the Gazette f10m tune to ttme; (C) a company rcgbtcred under the Compamcs Act, 1956 (Central Act 1 of 1956), 111 whtch not les~ than fifty-one pet cent of the pa1d up share cap1tal 1s held by the Govct nmcnt of Kerala or any company which IS a subsidiary of such company; (D) a soc1ety 1 egistered or deemed to have been reg1stered under the Travancore-Cochm Lttet at y, SCientific and Chan table Societies RcgJstra- twn Act, 1955 (XII or 1915) or the Soc1ettes Regtstratton Act,· 1860 (Central Act 21 of 1860), whtch 1s subJect to the control of the Govcinmcnt o! Kerala and which~~ notified, 111 this behalf, mthe Gazette; )>. (E) a co-operatiVe soc1ety, (f) a U n1versity, Explanatzon.-In this clau,e, "co-operative society" mean~ a co-operative soctety registered or deemed to have been registered under the Kerala Co-operative Soctetie, Act, 1969 (21 of Jg69) and "Univers1ty" means a Umversity establi~hed by or under any law of the State of Kerala; (vui) the Pres1dent, Secretary or Treasurer or any other office bearer of a trade umon reg1stei ed under the Ind1an Tr~de U mons Act, I 926 (Central Act 16 of 1926), • (ix) the Chairman 01· Vice-Chait man Qf President or Vice-Pre~1dent or Sect etary or Treasurer or any other office bearet of a pohttcal party, at the Dtstnct or State level, (x) the Chairman or Manager or Seer eta1 y or Corr~spondent ha,·ing control over the admmistratwn of a puvate school, whether under md1vidual or COiporate management, which receives or has received a1d or grant from the Government under the Kerala Education Act, 1958 (6 of 1959). and the rules made thereunder; 65· (x1) the Chan rnan 01 Manager OI' Sec1 eta ry or Correspondent havmg control O\'Cl' the admuustrauon of a puvate college, 'I'Vhethcr under unitary 01 c01porate management, which ~~ affiliated to a Un1versJty m the State and is governed by the P11vate Affiliated College~ (Arts and Science Colleges) Staff Dn ect Payment ofSala1 y Rub 1972, (xi1) the Chau man or ?\1anager 01 Secretary or Correspondent ha\·mg contiOl over the admuustratwn of a pnvate college, whether under unitary or corporate management, affiliated to a UmveisJty m the State and whtch 1 cce1ves aid or g1 ant f10m the GO\ crnmcnt of Kc1 ala; or (xm) the Chai1 man 01 M,magcr 01 Scc1etary or Correspondent having contiOI O\'CI the admmistration of a Pu\'ate Engmeeung College or Puvate Polytechmc, whethe1 under umtai y or corporate management, affli1ated to a U mvcrs1ty m the State or the State Boa1 d of Techmcal Exammatwn, Kerala, as the case may be and ~~ governed by the Rules for Payment of Salane~ to the Staff of the Pm ate Engmecung Colleges and Polytechmcs, 1972, (p) "Secretary" means a Secretary to the Govelluncnt of Kerala and includes a Cluef Secretary, an Add1tional Cluef Secretary, a Prmc1pal Secretary, a Special Secretary, an AdditiOnal Secretary and ajomt Secretary; ( q) "State" means the State of Ket ala, (r) "Upa-Lok Ayukta" means a pe1 ~on appomted at Upa-Lok Ayukta under section 3. 3 Appouztment of Lok Ayukta al!d Upa-Lok Ayul.tas.-(1) F01 the purpose of conductmg InvestigatiOn> and mqun1es m acco1 dance Wtth the provisions oftlus Act, the Governor shall appomt a pe1son to be knowu a~ Lok Ayukta and two other. persons to be known as Upa-Lok Ayukta~. (2) A peltson to be appointed as Lok Ayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a H1gh Court and shall be appOinted on the adv1ce tendered by the Chtef Mmister, m con~ultation with the Speaker of the Legislative Assembly of the State and the Leader of OppositiOn m the Legislative Assembly of the State, (3, A person to be appomted as an Upa-Lok Ayukta shall be a person who holds or has held the office of a Judge of a H1gh Court and shall be appomted on the adv1ce tendered by the Chief Mmtster m consultatiOn With the Speaker of the Lcgi~latrve Assembly of the State and the Leader of Oppos1t10n m the Legislative Assembly of the.State. 34j2483j2000JMC. 66 Provided that the Chirf Ju~tice of the High Court concerned shall be consulted, if a sitting judge is appomted as an Upa-Lok Ayukta. (4) A person appointed as Lok Ayukta or Upa-Lok Ayukta shall, before entermg upon his office, make and subscribe, before the Governor or a person appointed by him in that behalf, an oath or affirmation in the form set out for the purpo~c in the First Schedule