JKOP Act 2

Section 2 · Definitions

(1)

In this Act, unless the context otherwise requires,-

(a)

"Act" means the Jammu and Kashmir Ombudsman for Panchayats Act, 2014 ;

(b)

"action" means administrative action taken by way of decision, recommendation, resolution or finding or in execution thereof or in exercise of administrative or legal functions or in any other manner and includes wilful failure in taking action or omission to act. All other expressions relating to such action shall be construed accordingly ;

(c)

'allegation',-

(1)in relation to public servant means, any affirmation that such public servant,-

(i)has abused his position for any gain or favour to himself or to any other person or to cause undue harm or hardship to any person ; or

(ii)was actuated in the discharge of his functions as such public servant by personal interest, or improper or corrupt motives ; or

(iii)is guilty of corruption, favoritism, nepotism or lack of integrity ; or

(iv)is guilty of an action as public servant which facilitates or causes to make any loss, waste or misapplication of money or other property of the Panchayat.

(2)

in relation to a Panchayat means any affirmation that such Panchayat has defaulted or acted in excess of its powers in the discharge of the functions imposed on it by law or in implementing the lawful orders and directions of the Government ;

(d)

"complaint" means a statement of allegation that a public servant or a Panchayat 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 ;

(e)

"corruption" includes anything made punishable or is punishable as such under Chapter IX of the Jammu and Kashmir State Ranbir Penal Code, Samvat 1989, or under the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 or any other law in force ;

(f)

"Government" means the Government of Jammu and Kashmir ;

(g)

"grievance" includes a claim by a person that he has sustained injustice or undue hardship in consequence of maladministration ; provided it shall not include any claim of an employee with respect to his service matter ;

(h)

"investigating officer" means an officer authorized by the Ombudsman to conduct investigation in respect of an allegation or complaint ;

(i)

"maladministration" means action taken or purported to have been taken in the exercise of administrative function in any case where-

(i)such action, administrative procedure or practice or practice governing such action is unreasonable, unjust, oppressive, discriminatory or nepotic and will make illegitimate gain or loss to any person or will deny any person the deserving benefits ; or

(ii)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 malfeasance or misfeasance.

(j)

"Ombudsman" means an Ombudsman appointed under section 3 ;

(k)

"Panchayat" means any Panchayati Raj Institution, by whatever name called, constituted under the Jammu and Kashmir Panchayati Raj Act, 1989 ;

(I)"prescribed" means prescribed by rules made under this Act ;

(m)

"public servant" means an employee or officer under the Panchayat or an elected member of the Panchayat including its office bearer and includes an officer or employee of any office or institution transferred to the Panchayat ;

(n)

Secretary means the Secretary of the Ombudsman referred to in section 6 ;

(o)

"Special Tribunal" means Special Tribunal constituted under the Jammu and Kashmir Special Tribunal Act, 1988.

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