Public servant
kapil kothari
(Querist) 07 September 2012
This query is : Resolved
kindly give me the defination of public servant and Can a deemed university employees covers under public servant
Guest
(Expert) 07 September 2012
Although your academic type query can't expect reply over here, yet I would like to inform you that the definition of "public servant" is quite exhaustive to be expalined herely in a precise manner. Since the word "public servant" denote a person falling under several descriptions as included in sec. 21/IPC, you are therefore advised to go through the said section to find appropriate answer as may be relevant to the nature of your problem.
Sudhir Kumar, Advocate
(Expert) 07 September 2012
S/21 IPC stands replaced. Now the definition of pUblic Servant is in Section 2 of Prevention of Corruption Act 1988.
venkatesh Rao
(Expert) 07 September 2012
Dear Sudhir sir,
When was IPC amended repealing sec. 21? It is not so; Though you get definition of public servant under other statutes, Sec. 21 is exhaustive.
Guest
(Expert) 07 September 2012
Dear Sudhir,
With reference to your post stating "S/21 IPC stands replaced. Now the definition of pUblic Servant is in Section 2 of Prevention of Corruption Act 1988," I hope you would like to quote the IPC (Amendment) Act vide which section 21 of IPC has been deleted or omitted to be replaced and put in the PC Act. That would definitely enhance my knowledge.
For your kind information, even the Vigilance Manual contains the definition of "public servant". But that may probably not serve the purpose of every one, as only a section of the Gazetted Officers and CVC officials know about that Manual.
However, So far as my knowledge goes, neither every other law revolves around the Prevention of Corruption Act, nor all legal matters pertain merely to the instances of corruption. That is why, I referred only section 21 of the IPC, being a law of general nature for the common public. Moreover, the querist has not mentioned the purpose for which he wanted to know the definition of public servant.
sukanya (Joyce)
(Expert) 08 September 2012
the code of criminal procedure is widely used law and common procedure adopted. There are many bear acts which do contain the definitions and outline laws. I agree with the learned counsel mr. P. S. Dingra
Sudhir Kumar, Advocate
(Expert) 08 September 2012
S/ 2(c) of PC Act
(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.
The words "public servant" denote a person falling under any of the descriptions hereinafter following namely:-
1[* ****]
Second.- Every Commissioned Officer in the Military, 2[Naval or Air] Forces 3[4[* * *] of India];
5[Third.- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory function;]
Fourth.- Every officer of a Court of justice 6[(including a liquidator, receiver or commissioner)] whose duty it s, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.
Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;
Sixth.- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of justice, or by any other competent public authority;
Seventh.- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eight. -Every officer of 7[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or extend any property on behalf of 7[the Government], or to make any survey, assessment or contract on behalf of the 7[the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 7[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7[the Government]8[***];.
Tenth. - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
9[Eleventh.- Every persons who holds any office in virtue of which he is empowered to prepare, publish maintain or revise an electoral roll or to conduct an election or part of an election; ]
10[twelfth.- Every person.
(a) In the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) In the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956.]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1
Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2
Wherever 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.
11Explanation 3
The word "election" denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.
12[***]
STATE AMENDMENT
State of Rajasthan
In Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added namely: -
"Thirteenth.- Every person employed or engaged by any public body in the conduct and supervision of any examination recognized or approved under any law.
Explanation
The expression 'Public Body' includes:-
(a) A University, Board of Education, or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and
(b) A local authority."
[Vide Rajasthan Act, 1993 4 of 1993, Sec. 2 (w.e.f. 11-2-1993)].
----------------------------
1. Clause First omitted by the A.O. 1950.
2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Naval”.
3. The original words “of the Queen while serving under the Government of India, or any Government” have successively been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
4. The words “of the Dominion” omitted by the A.O. 1950.
5. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).
6. Ins. by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
7. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”.
8. Certain words omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
9. Ins. by Act 39 of 1920, sec. 2.
10. Subs. by Act 40 of 1964, sec. 2, for the former clause (w.e.f. 18-12-1964).
11. Ins. by Act 39 of 1920, sec. 2.
12. Explanation 4 ins. by Act 2 of 1958, sec. 2 (w.e.f. 12-2-1958) and omitted by Act 40 of 1964, sec. 2 (w.e.f. 18-12-1964).
V R SHROFF
(Expert) 08 September 2012
forum question, not here in Expert side
