Is Secretary of the society a Public servant?

P.Mohan

I am from the state of Tamil Nadu and working as a Secretary in the “Taluk Cooperative Housing Society”.

My clarification is whether the “Secretary of the society” is considered a Public servant or not.?

The state government doesn’t given any salary to the employees, and there is no aid from the govt too. So is the Secretary still considered a public servant, or not, and if so how.?

Do we have any kind of judgement to prove the same.

Kindly request your help in clarifying the details, and thanks much for your help!!

Thanking You..

I C Naik

A ‘public servant’ as defined in Sub-clauses (iii), (viii) and (ix) of Clause (c ) of Section 2 of the Prevention of Corruption Act, 1988 ) reads as follows:-

“2. Definition- In this Act, unless the context otherwise requires,-

“?(ix) ?any person who is the President, Secretary or other office bearer of a registered cooperative 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 (1 of 1956).

Explanation 1 : Persons falling under any of the above sub clauses are ‘public servants’, whether appointed by the Government or not.

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