Prevention of corruption act - public servant
SANKET UPADHYAY
(Querist) 27 July 2019
This query is : Resolved
A person appointed by outsourcing in government organization as a peon on 11 month contract.He, as individually, booked under PC Act for taking illegal grantification. He is not booked for taking illegal grantification on behalf of any goverment employee of his office. As a Peon, he is not authorised to excess any public records or passing order.
In the above circumstances a person booked under PC Act can cosidered as a Public servant ?
kavksatyanarayana
(Expert) 28 July 2019
Yes. I agree witht the advise of expert Mr. Vasistha ji. While he was working in a Government whether he is temporary/permanent/outsourcig/contact basis, the rules framed shall apply.
Sudhir Kumar, Advocate
(Expert) 31 July 2019
please consult section 2(c) of PC Act on definition of public servant
(c) “Public Servant” means
(i) Any person in the service or pay of’ the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) Any person in the service or pay of a local authority.
(iii) Any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956.
(iv) Any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions.
(v) Any person authorised by a court of justice to perform any duty, in connection with, including a liquidator, receiver or commissioner appointed by such court.
(vi) Any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority.
(vii) Any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election of part of an election;
(viii) Any person who holds an officer by virtue of which be is authorised or required to perform any public duty.
(ix) Any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid front the Central Government or State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956;
(x) Any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;
(xi) Any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever (resignation called, of any university and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;
(xii) Any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government or local or other public authority.
Explanation I. – Persons falling under any of the above sub-clauses are public servants, whether appointed by the government or not.
Explanation 2. -Whenever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Sudhir Kumar, Advocate
(Expert) 31 July 2019
please consult section 2(b) of PC Act on definition of public duty
(b) “Public duty” means a duty in the discharge of which the State, the public or the community at large has an interest-
Explanation. -In this clause “State” includes a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned controlled or aided by the Government company as defined in Section 617 of’ the Companies Act, 1956 (I of 1956),
