Public functionary

“Public functionary” is defined in Section-2(m) as under:

2 (m) “public functionary’ means a person who is or has been at any time-

(i) the Chief Minister or a Minister

(ii) a Member of Legislative Assembly;

(iii) a person having the rank of Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly:

(iv) a Chairman, Vice Chairman or Managing Director or a Member of a Board of Directors (by whatever name they be called) in respect of-

(1) an Apex Co-operative Society or any Co-operative Society constituted or registered under the Delhi Co-operative Societies Act, 1972, which is subject to the control of the Government;

(2) a Government Company within the meaning of section 617 of the Companies Act, 1956, engaged in connection with the affairs, and is under the control of the Government.

(3) a Local Authority established under any law in relation to Delhi;

Provided that the provisions of this Act shall not be applicable to any authority of a Local Authority constituted under an enactment related to entry No. 18 of the State List of the Seventh Schedule of the Constitution;

(4) a Corporation engaged in connection with the affairs, and under the control, of the Government.

(5) Any Commission or body set up by the Government which is owned and controlled by it;

(v) a Member of the Municipal Corporation of Delhi as defined in clause 2(27) of the Municipal Corporation Act,1957 (as amended in 1993):

A conjoint reading of Section-2(b), Section-2(m) and Section-7 would clearly indicate that the Lokayukta has power to proceed to inquire against public functionaries in respect of those allegations, nature whereof is specified in Section-2(b). Thus before he could assume jurisdiction, following three ingredients are to be satisfied:

  1. The person is a `public functionary as defined in Section-2(m) of the Act.
  2. Public functionary is the one in relation to whom either the President or Lt.Governor is the Competent Authority.

  3. Allegation in relation to the said public functionary in capacity is the one specified in Section-2(b) of the Act.

Delhi Lokayukta and Upalokayukta Act, 1995