271 F. Definitions

  1. For the purpose of this Chapter, -
    1. ‘action’ means action taken by way of decision, recommendation, resolution or finding or in execution thereof or in exercise of administrative or legal functions in any other manner and includes wilful default in taking action or omission and all other expressions connoting such action shall be construed accordingly;
    2. ‘allegation’, -
      1. in relation to a public servant means, any affirmation that such public servant, -
        1. has abused his position as such for any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;
        2. was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives;
        3. is guilty of corruption, favouritism, nepotism or lack of integrity;
        4. is guilty of any action as public servant which facilitates or causes to make any loss, waste or misapplication of money or other property of the Local Self Government Institution.
      2. In relation to a Local Self Government Institution means any affirmation that such Local Self Government Institution has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in implementing the lawful
        orders and directions of the Government;
    3. ‘Complaint’ means a statement of allegation that a public servant or a Local Self Government Institution is guilty of corruption or maladministration and includes any reference to an allegation in respect of which suo moto enquiry has been proposed or recommendation for enquiry has been made by Government;
    4. ‘Corruption’ includes anything publishable under Chapter X of the Indian Penal Code (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 1988);
    5. ‘Maladministration’ means action taken or purporting to have been taken in the exercise of administrative function in any case, -
      1. Where such action, administrative procedure or practice governing such auction is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate, gain or loss or will deny deserving benefits; or
      2. Where there is wilful negligence or delay in taking such action, or the administrative procedure or method regulating such action will cause undue delay and includes the action leading to loss or waste or misuse of fund by mal-feasance or misfeasance.
    6. ‘Ombudsman’ means the ombudsman 211[referred to in section] 271 G;
    7. ‘Public Servant’ means an employee, or officer under the Local Self Government Institution or an elected member of the Local Self Government Institution including its President or Chairperson and includes an employee or officer of any office or institution transferred to the Local Self Government Institution under the Provisions of this Act;
    8. ‘Secretary’ means the Secretary of the Ombudsman 212[referred to in section] 271 G;
    9. ‘investigating officer’ means an officer authorised by the Ombudsman to conduct investigation in respect of an allegation or complaint.

211Substituted by Act 12 of 2001.
212Substituted by Act 12 of 2001.