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Mathi Alagan   12 May 2021

vigilance &Anti corruption Act of Tamilnadu

Is employees of cooperative societies are public servants or not?



Quick Summary
This discussion clarifies whether employees of cooperative societies are considered public servants under the Tamil Nadu Vigilance and Anti-Corruption Act. It references Section 2(c) of the Prevention of Corruption Act, which defines public servants to include individuals in the service of government-aided corporations or office-bearers of registered cooperative societies receiving government aid. Key judgments like J.A. Murugan v. The Registrar of Co-operative Societies are cited to provide a clearer understanding of this classification.

 2 Replies

Sankaranarayanan (Advocate)     12 May 2021

Refer the below judgment 

J.A. Murugan v/s The Registrar of Co-operative Societies, Kilpauk, Chennai & Another

aditi srivastava   13 May 2021

respected sir

The commission of Vigilance and Anti- Corruption has the power to undertake an enquiry made on any information indicating that a Public Servant has exercised or refrained from exercising his powers for corrupt purposes.

According to Section 2 (c) (iii) (ix) of the Prevention of Corruption Act, public servant means

(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.

(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 from the Central Government or a 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.

You can also refer to the following judgments to get a more clear picture.

source referred-

https://indiankanoon.org/doc/96342358/  - The Joint vs P. Siva Kumar

https://www.legitquest.com/case/ja-murugan-v-registrar-of-co-operative-societies-chennai/1C3A5B - JA Murugan vs Registrar of Cooperative societies, Chennai.

regards

 


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