Amendment status not verified — confirm the current text below against the official source.
Definitions: – In this Act, unless the context otherwise requires – (a) “officer” means a person appointed to a public service or post in connection with the affairs of the State of Madhya Pradesh; (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 to any person; (ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motives: (iii) is guilty of corruption; or (iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf. Explanation:– For the purpose of this sub-clause “ family” means husband, wife, sons and unmarried daughters living jointly with him; (c) “ Up-Lokayukt ” means a person appointed as a Up-Lokayukt under Section - 3; (d) “action” means action by way of prosecution or otherwise taken on the report of the Lokayukt or the Up-Lokayukt and includes failure to act, and all other expressions connecting action shall be construed accordingly; 1 The words “ public servants” substituted for the words “certain high dignitaries and others vide the Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986. Published in M.P. Rajpatra dt. 9 Jan.1987 (p.91) 2 This Act shall come into force from 14 th Feb. 1982, vide Notification No. F-E5 (6) – 198 –1-5 dt. 14 th Feb. 1982, published in M.P. Rajpatra (Asadharan) dt. 14-2-82, p. 161. (e) “Minister” means a member of the Council of Ministers by whatever name called for the State of Madhya Pradesh, that is to say.(Chief Minister)1, Deputy Chief Minister, Minister, Minister of State, Deputy Minister and Parliamentary Secretary (….) 2,3 and shall include Neta Pratipaksha as defined in clause A of section 2 of the Madhya Pradesh Vidhan Mandal Neta Pratipaksha ( Vetan Tatha Bhatta ) Adhiniyam, 1980 ( No. 8 of 1980)” (f) “Lokayukt” means a person appointed as the Lokayukt under section 3; (g) “Public servant” means a person falling under any of the following categories, namely :- (i) Minister; (ii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Madhya Pradesh Vidhan Sabha; (iii) an officer referred to in clause (a); (iv) 4[an officer of an Apex Society or Central Society within the meaning of clause (t-1) read with clauses (a-1) , (c-1) and (z) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961).” (v) 5[Any person holding any office in , or any employee of – (i) a Government Company within the meaning of section 617 of the Companies Act, 1956; or (ii) a Corporation or Local Authority established by State Government under a Central or State enactment. (vi) 6(a) Up-Kulpati, Adhyacharya and Kul Sachiva of the Indira Kala Sangit Vishwavidyalaya constituted under section 3 of the Indira Kala Sangit Vishwavidyalaya Act, 1956 ( No. 19 of 1956); (b) Kulpati and Registrar of the Jawaharlal Nehru Krishi Vishwavidyalaya constituted under section 3 of the Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1963 ( No. 12 of 1963); 1 Word “Chief Minister” inserted by M.P.Amendment Act No.7 of 1982, published in M.P.Rajpatra ( Asadhran) dt. 27.3.82 pp. 426-428 2 Omitted by ibid. 3 Added by ibid 4 Substituted for the words "an officer of an Apex Co-operative Society or District Co- operative Society within the meaning of clause (u) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961)" vide Madhya Pradesh Amendment Act No. 25 of 1998 , published in M.P. Rajpatra on 31.8.98 5 Substituted for item ( v) of clause (g) of sec. 2 of the Principal Act vide the Madhya Pradesh Lokayukt Evam Up-Lokayukt Sanshodhan Adhiniyam, 1986, published in “Madhya Pradesh Rajpatra” dted 9 th January , 1987 ( p. 91) The original item (v) stood as under :- (i) a Chairman or member of Board of Directors of a Government Company within the meaning of section 617 of the Companies Act, 1956; (ii) President, Vice-President, Chairman, Vice-Chairman by whatever name called, General Manager and Secretary of a State Level Corporation established by or under a Central or State Act and having jurisdiction throughout the state;” 6 Inserted by Madhya Pradesh Amendment Act No. 5 of 1985, published in Madhya Pradesh Rajpatra (Asadharan) dated 26.4.1985 ( p.1016) Kulpati, Rector and Registrar of the Vishwavidyalay constituted under section 5 of the Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 ( No. 22 of 1973).” (h) “Competent authority”. (i) in the case of a Minister or Secretary. – in relation to a public servant, means Chief Minister or during the period of operation of proclamation issued under Article 356 of the Constitution of India , the Governor; (ii) in the case of any other public servant. – Such authority, as may be prescribed; (iii)“Secretary” means the Chief Secretary, a Principal Secretary, an Additional Chief Secretary and a Secretary to Government of Madhya Pradesh and includes an Additional Secretary and a Special Secretary.