(1) In this Act, unless the context otherwise requires,—
(a) "bench" means a bench of the Lokayukta;
(b) "Chairperson" means the Chairperson of the Lokayukta;
(c) "competent authority", in relation to—
(i) the Chief Minister, means the Legislative Assembly of the State;
(ii) a member of the Council of Ministers, means the Chief Minister;
(iii) a member of State Legislative Assembly other than a Minister, means the Speaker of the Legislative Assembly;
(iv) an officer in any Department of the Government, means the Minister- in- charge of the Department under which such officer is serving ;
(v) a Chairperson or member of any Body or Board or corporation or Local authority or company or society or autonomous Body (by whatever name called) established or constituted under any Act of the Legislature of the State or wholly or partly financed by the Government or controlled by it, means the Minister -in- charge of the Department of such Body or Board or corporation or authority or company or society or autonomous body:
Provided that if such Chairperson or member is also a member of the State Legislative Assembly, then the competent authority shall be the Speaker of the Legislative Assembly;
(vi) an officer of any Body or Board or corporation or Local authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of the Legislature of the State or wholly or partly financed by the Government or controlled by it, means the head of such Body or Board or corporation or authority or company or society or autonomous body; and Definitions.
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(vii) any other case not falling under sub-clauses (i) to (vi) above, means such Department or authority as the Government may, by notification, specify;
(d) “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;
(e) “Government” means the Government of Odisha;
(f) "investigation" means an investigation as defined under clause
(h) of section 2 of the Code of Criminal Procedure, 1973;
(g) "Judicial Member" means a Judicial Member of the Lokayukta;
(h) "Lokayukta" means the body established under section 3;
(i) "Member" means a Member of the Lokayukta;
(j) "Minister" means Minister of the Government but does not include the Chief Minister;
(k) “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(l) “preliminary inquiry” means an inquiry conducted under this Act;
(m) “prescribed” means prescribed by rules;
(n) “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;
(o) ‘regulations” means regulations made under this Act;
(p) “rules” means rules made under this Act; and
(q) “Special Court” means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988 and includes the Special Courts established under section 3 of the Odisha Special Courts Act,
2006.
49 of
1988.
2 of
1974.
45 of 1950.
46 of 1950.
62 of 1957.
30 of 1978.
49 of
1988.
Odisha Act 9 of
2007.
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(2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 and in the Code of Criminal Procedure,1973, shall have the meanings respectively assigned to them in those Acts.
CHAPTER-II ESTABLISHMENT OF LOKAYUKTA