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Lokpal and Lokayuktas Act, 2013


Part II: Lokpal for the Union

Chapter I Definitions

2. Definitions

1.     In this Act, unless the context otherwise requires,—

a.     "bench" means a bench of the Lokpal;

b.    "Chairperson" means the Chairperson of the Lokpal;

c.     "competent authority", in relation to—

                      i.        the Prime Minister, means the House of the People;

                     ii.        a member of the Council of Ministers, means the Prime Minister;

                    iii.        a member of Parliament other than a Minister, means—

A.    in the case of a member of the Council of States, the Chairman of the Council; and

B.    in the case of a member of the House of the People, the Speaker of the House;

                    iv.        an officer in the Ministry or Department of the Central Government, means the Minister in charge of the Ministry or Department under which the officer is serving;

                     v.        a chairperson or members of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the Minister in charge of the administrative Ministry of such body or Board or corporation or authority or company or society or autonomous body;

                    vi.        an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body;

                   vii.        in any other case not falling under sub-clauses (i) to (vi) above,means such Department or authority as the Central Government may, by notification, specify:

Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a member of Parliament, then, the competent authority shall be—

A.    in case such member is a member of the Council of States, the Chairman of the Council; and

B.    in case such member is a member of the House of the People, the Speaker of the House;

d.    "Central Vigilance Commission" means the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance CommissionAct, 2003;

e.     "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;

f.     "Delhi Special Police Establishment" means the Delhi Special Police Establishment constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946;

g.    "investigation" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;

h.     "Judicial Member" means a Judicial Member of the Lokpal;

i.      "Lokpal" means the body established under section 3;

j.      "Member" means a Member of the Lokpal;

k.     "Minister" means a Union Minister but does not include the Prime Minister;

l.      "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly;

m.   "preliminary inquiry" means an inquiry conducted under this Act;

n.     "prescribed" means prescribed by rules made under this Act;

o.    "public servant" means a person referred to in clauses (a) to (h) of sub-section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978 or the procedure is applicable to such public servant under those Acts;

p.    "regulations" means regulations made under this Act;

q.    "rules" means rules made under this Act;

r.      "Schedule" means a Schedule appended to this Act;

s.     "Special Court" means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988.

2.     The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act.

3.     Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.



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