2. Definitions -

In this Act, unless the context otherwise requires,-

(a) "action", means action taken by way of decision, recommendation or finding or in any other manner, and includes, failure to act and all other expressions connoting action shall be construed accordingly;
(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 or hardship to any other person. *Published in the Uttar Pradesh Gazette, Extraordinary, dated September 8, 1975.
(ii) was actuated in the discharge of his functions as such public servant by personal interest or im-proper or corrupt motive, or
(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;

(c) "competent authority", in relation to a public servant, means,-
(i) in the case of a Minister or Secretary or member of the Legislative Assembly or of the Legislative Council - the Chief Minister,
(ii) in the case of any other public servant- Such authority as may be prescribed, *(d) "grievance" means (1) a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration ; or

(2) a complaint to the effect that an authority empowered to make appointments to a public service or post in connection with the affairs of the state of Uttar Pradesh has after the commencement of the Uttar Pradesh Lokayukta, and Up-Lokayuktas (Amendment) Act, 1989 made any appointment in breach of the quota of reservation for members of scheduled caste or scheduled tribes laid down by the state Government."
(e)"Lokayukta" means a person appointed as the Lokayukta and "Up-Lokayukta" means a person appointed as an Up-Lokayukta, under section 3,
(f) "mal-administration" means action taken or purporting to have been taken in exercise of administrative function in any case,-
(i) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, utpirak, oppressive or improperly discriminatory, or
(ii) where there has been negligence or undue delay in taking such action, or the administrative procedure or practice governing such action involves undue delay;

(g) "Minister" means a member (other than the Chief Minister) of the Council of Minister, by whatever name called, for the State of Uttar Pradesh, that is to say a minister, Minister of State or Deputy Minister."

(h) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Uttar Pradesh,

(i) "Prescribed" means prescribed by rules made under this Act, *As amended Vide Notification No. 613/17-v-1-1 (k-)-19-1989, dated 31-3-89. (U.P. Act No. 10 of 1989)

(j) "public servant" denotes a person falling under any of the following descriptions, and includes, subject to the provisions of sub-section (4) of section 8, a person who at any time in the past fell under any of the following descriptions namely-
(i) every Minister referred to in clause (g),
(ii) every member of the Legislative Assembly or the Legislative Council of the State of Uttar Pradesh not being the Chief Minister or Minister referred to in clause (g),
(iii) every officer referred to in clause (h),
(iv) (a) every Pramukh of a Kshettra Samiti,
(b) every Adhyaksha of a Zila Parishad,
(c) every Nagar Pramukh of a Nagar Mahapalika,
(d) every President of the Municipal Board of a city as defined in clause (4) section 2 of the U.P. Municipalities Act, 1916,
(e) a non-official Chairman including every office-bearer of that description by whatever name called, or Managing Director of a district level central society or of an apex society, registered under any law relating to co-operative societies for the time being in force;

Explanation - In this sub-clause, "central society" means a co-operative society which includes in its membership other co-operative societies and "apex society" means a State level central society.

(v) every person in the service or pay of -
(a) any local authority in the State of Uttar Pradesh which is notified by the State Government in this behalf in the Gazette;
(b) any corporation not being a local authority established by or under an Uttar Pradesh or Central Act and owned or controlled by the State Government which is notified by the State Government in this behalf in the Gazette;
(c) any Government company within the meaning of section 617 of the Companies Act, 1956 (Central Act I of 1956), in which not less than fifty-one per cent of the paid-up share capital is held by the State Government or any company which is a subsidiary of a company in which not less than fifty-one per cent of the paid-share capital is held by the State Government or any company* and which is notified by the State Government in this behalf in the Gazette:

*As amended by notification No. 943/Seventeen V-1-90-80, dated 14 April, 1981, (U.P. Act no. 7 of 1981)

(d) any society registered under the Societies Registration Act, 1860, which is owned or controlled by the State Government and which is notified by that Government in this behalf in the Gazette;

(k) "Secretary" means a Secretary to the Government of Uttar Pradesh and includes a Special Secretary an Additional Secretary and a Joint Secretary.