GUJARAT
LOKAYUKTA ACT, 1986 THE GUJARAT LOKAYUKTA
ACT, 1986
Preamble 1 - THE GUJARAT LOKAYUKTA ACT,
1986
[12th November, 1986]
PREAMBLE
An Act to make
provision for the appointment of Lokayukta, for the investigation of
allegations against public functionaries in the State of Gujarat, and also for
safeguarding the dignity and prestige of public functionaries against false and
frivolous allegations and for matters connected therewith.
It
is hereby enacted in the Thirty-seventh Year of the Republic of India as
follows :--
Section 1 - Short title, extent and commencement
(1) This Act may be called the Gujarat Lokayukta Act,
1986.
(2) It extends to the whole of the State of Gujarat,
and it applies also to public functionaries outside the State of Gujarat.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
Section 2 - Definitions
In
this Act, unless the context otherwise requires,--
(1) "action" means action taken whether
before or after the commencement of this Act by way of decision, recommendation
or finding or in any other manner and includes failure to act, and all other
expressions connoting action shall be construed accordingly;
(2) "allegation" in relation to a public
functionary and with reference to any action taken by him, means any
affirmation that such public, functionary in his capacity as a public
functionary?
(a) is guilty of corruption, or lack of integrity; or
(b) was actuated in the discharge of his functions by
personal interest or improper or corrupt motives; or
(c) has abused his position, to obtain any gain or
favour to himself or to any other person or to cause undue harm or hardship to
any other person;
(3) "competent authority", means,--
(a) in the case of a Minister (other than the Chief
Minister), the Chief Minister; and
(b) in the case of any other public functionary, such
authority as may be prescribed;
(4) "Lokayukta" means a person appointed as a
Lokayukta under section 3;
(5) "Minister" means a member of the Council
of Ministers for the State of Gujarat by whatever name called, that is to say,
the Chief Minister, a Minister, Minister of State and Deputy Minister and
includes a Parliamentary Secretary to the Chief Minister;
(6) "prescribed" means prescribed by rules
made under this Act ;
(7) "public functionary" means a person who
holds or has held an office of?
(a) a Minister;
(b) the Chairman or the Vice-Chairman of a Government
Company within the meaning of section 617 of the Companies Act, 1956 (I of
1956) in which not less than fifty one per cent, of its paid up share capital
is held by the State Government and the Chairman or the Vice-Chairman of a
Company which is subsidiary of a company in which not less than fifty one per
cent. of its paid up share capital is held by the State Government. ;
(c) the Chairman or the Vice-Chairman of a Corporation
established by or under Bombay Act or Gujarat Act and owned or controlled by
the State Government;
(d) the Vice-Chancellor of a University established by
law in the State of Gujarat;
(8) "Public servant" shall have the same
meaning as in section 21 (21 of 1860) of the Indian Penal Code.
Section 3 - Appointment of Lokayukta
(1) For the purpose of conducting investigations in
accordance with the provisions of this Act, the Governor shall, by warrant
under his hand and seal, appoint a person to be known as the Lokayukta :
Provided
that the Lokayukta shall be appointed after consultation with the Chief Justice
of the High Court and except where such appointment is to be made at a time
when the Legislative Assembly of the State of Gujarat has been dissolved or a
Proclamation under article 356 of the Constitution is in operation in the State
of Gujarat, after consultation also with the Leader of the Opposition in the
Legislative Assembly, or if there be no such Leader, a person elected in this
behalf by the members of the Opposition in that House in such manner as the
Speaker may direct.
(2) A person shall not be qualified for appointment as
a Lokayukta unless he is or has been a Judge of a High Court.
(3) Every person appointed as the Lokayukta shall,
before entering upon his office, make and subscribe, before the Governor or
some person appointed in that behalf by him, an oath or affirmation in the form
set out for the purpose in the First Schedule.
Section 4 - Disabilities in case of Lokayukta
(1) The Lokayukta shall not be a member of Parliament
or a member of the Legislature of any State and shall not hold any office of
trust or profit (other than his office as the Lokayukta) or be connected with
any political party or shall not carry on any business or practice any
profession; and accordingly, before he enters upon his office, a person
appointed as the Lokayukta shall,--
(a) if he is a member of Parliament or of the
Legislature of any State, resign such membership; or
(b) if he holds any office of trust or profit, resign
from such office; or
(c) if he is connected with any political party, severe
his connection with it; or
(d) if he is carrying on any business, sever his
connection (short of divesting himself of ownership) with the conduct and
management of such business; or
(e) if he is practicing any profession, suspend
practice of such profession.
(2) A person shall be disqualified for appointment as a
Lokayukta or for continuing to hold any such post if any member of his family
has entered into any commercial contract with the State Government and the
contract is subsisting or has any other dealing with the State Government
relating to any business of a commercial nature.
Explanation.--For
the purpose of sub-section (2), the expression "family" means wife,
husband, son, unmarried daughter, arid son's wife.
Section 5 - Term of office and other conditions of service of Lokayukta
(1) Every person appointed as the Lokayukta shall hold
office for a term of five years from the date on which he enters upon his
office :
Provided
that--
(a) the Lokayukta may, by writing under his hand
addressed to the Governor, resign his office ;
(b) the Lokayukta may be removed from office in the manner
specified in section 6.
(2) On ceasing to hold office, the Lokayukta shall be
ineligible for further employment (whether as the Lokayukta or in any other
capacity) under the Government of Gujarat or for any employment under, or
office in, any such Government company, Corporation, or University as is
referred to in sub-clauses (b), (c) and (d) of clause (7) of section 2.
(3) There shall be paid to the Lokayukta such salary as
is specified in the Second Schedule.
(4) The allowances and pension payable to, and other
conditions of service of, the Lokayukta shall be such as may be prescribed:
Provided
that in prescribing the allowances and pension payable to, and other conditions
of service of, the Lokayukta regard shall be had to the allowances and pension payable
to, and other conditions of service of, a Judge of the High Court :
Provided
further that, the allowances and pension payable to, and other conditions of
service of, the Lokayukta shall not be varied to his disadvantage after his
appointment.
Section 6 - Removal of Lokayukta
The
Lokayukta shall not be removed from his office except by an order made by the
Governor on the ground of proved misbehaviour or incapacity after an inquiry
made by the Chief Justice of the High Court or, as the case may be, by such
other Judge of the High Court as the Chief Justice may nominate in this behalf,
in which the Lokayukta had been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.
Section 7 - Matters which may be investigated by Lokayukta
(1) Subject to the provisions of this Act, the
Lokayukta may investigate any action which is taken by, or with the general, or
specific approval of a public functionary in any case where a complaint
involving an allegation is made in respect of such action or such action can be
or could have been in the opinion of the Lokayukta the subject of an
allegation.
(2) No matter in respect of which a complaint is made
under this Act shall be referred to a Commission for inquiry under the
Commissions of Inquiry Act, 1952 (60 of 1952) except on the recommendation or
with the concurrence of the Lokayukta :
Provided
that nothing in this sub-section shall prevent the State Government from
referring the matter to such commission for inquiry if in its opinion the
matter is exceptionally a matter of definite public importance.
(3) Notwithstanding anything contained in sub-section
(1) the Lokayukta shall, before proceeding to investigate any action, make such
preliminary inquiry as he deems fit for ascertaining whether there exists
reasonable ground for conducting the investigation and if he finds that there
exist no such grounds, he shall record a finding to that effect and thereupon
the matter shall be closed and the complainant shall be informed accordingly.
(4) An investigation under this section of an action
taken by or with the general or specific approval of a public functionary shall
not be affected merely on the ground that subsequent to such action such public
functionary ceased to hold the capacity in which the action was taken by him or
with his approval or ceased to be such public functionary.
Section 8 - Matters not subject to investigation
(1) The Lokayukta stall not investigate any action,--
(a) in respect of which, a formal and public inquiry
has been ordered under the Public Servants (Inquiries) Act, 1850 ( 37 of 1850)
with his prior concurrence, or
(b) in respect of a matter which has been referred for
inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) on his recommendation
or with his prior concurrence or by the State Government under the proviso to
sub-section (2) of section 7, or
(c) in respect of a matter which has been inquired into
under the enactments referred to in clauses (a) and (b) or has been finally decided
by a competent court.
(2) The Lokayukta shall not investigate any complaint
which is excluded from his jurisdiction by virtue of a notification issued
under section 20.
(3) The Lokayukta shall not inquire into any matter
concerning any person if he has any bias in respect of such matter or person
and if any dispute arises in this behalf, the Governor shall, on an application
made by the party aggrieved, obtain in such manner as may be prescribed, the
opinion of the Chief Justice of the High Court and decide the dispute in
conformity with such opinion.
(4) The Lokayukta shall not inquire into any complaint
if the complaint is made after the expiry of five years from the date on which
the action mentioned in such complaint is alleged to have been taken.
Section 9 - Provisions relating complaints
(1) Subject to the provisions of this Act, a complaint
stating the allegations may be made under this Act to the Lokayukta by any
person other than a public servant in his capacity as such :
Provided
that, where the person aggrieved is dead or is for any reason unable to act for
himself, the complaint may be, made by any person who in law represents his
estate or, as the case may be, by any person who is authorised by him in this
behalf.
(2) Every complaint shall be made in such form and
shall be accompanied by such affidavits as may be prescribed.
(3) notwithstanding anything contained in any other
enactment, any letter written to the Lokayukta by a person in police custody,
or in a jail or in any asylum or other place for insane persons, shall be
forwarded to the addressee unopened and without delay by the police officer or
other person in charge of such jail, asylum or other place and the Lokayukta
may, if satisfied that it is necessary so to do, treat such letter as a complaint
made in accordance with the provisions of sub-section (2).
(4) The complainant shall deposit in such manner and
with such authority or agency as may be prescribed a sum of one thousand rupees
to be available for disposal under section 21 :
Provided
that the Lokayukta may for sufficient cause to be recorded in writing exempt a
complainant from the requirement of depositing the sum under this section.
(5) Notwithstanding anything contained in section 10 or
any other provision of this Act, every person who wilfully or maliciously makes
any false allegations in a complaint under this Act, shall, on conviction, be
punished with imprisonment for a term which may extend to two years, and shall
also be liable to fine.
(6) The offence punishable under sub-section (5) shall
be cognizable.
Section 10 - Procedure in respect of investigations
(1) Where the Lokayukta decides to conduct any
investigation under this Act, he,--
(a) shall forward a copy of the complaint or, in the
case of any investigation which he proposes to conduct on his own motion, a
statement setting out the grounds therefor to the public functionary concerned
and the competent authority concerned;
(b) shall afford to the public functionary concerned an
opportunity to offer his comments on such complaint or statement; and
(c) may make such orders as to the safe custody of
documents relevant to the investigation, as he deems fit.
(2) Every such investigation shall be conducted in
private and, in particular the identity of the complainant and of the public
functionary affected by the investigation shall not be disclosed to the public
or the press or published in any manner whether before, during or after the
investigation:
Provided
that, the Lokayukta may conduct any investigation relating to a matter of
definite public importance in public, if he, for reasons to be recorded in
writing, thinks fit to do so.
(3) Save as aforesaid, the procedure for conducting any
such investigation shall be such as the Lokayukta considers appropriate in the
circumstances of the case.
(4) The Lokayukta may, in his discretion, refuse to
investigate or cease to investigate any complaint, if in his opinion?
(a) the complaint is frivolous or vexatious, or is not
made in good faith; or
(b) there are no sufficient grounds for investigating
or, as the case may be, for continuing the investigation; or
(c) other remedies are available to the complainant and
in the circumstances of the case it would be more proper for the complainant to
avail of such remedies.
(5) In any case where the Lokayukta decides not to entertain
a complaint or to discontinue any investigation in respect of a complaint, he
shall record his reasons therefor and communicate the same to the complainant
and the public functionary concerned.
(6) The conduct of an investigation under this Act in respect
of any action shall not affect such action, or any power or duty of any public
functionary to take further action with respect to any matter subject to the
investigation.
(7) Whoever discloses to the public or to the press any
information or publishes such information in contravention of the provisions of
this section shall, on conviction, be punished with imprisonment for a term
which may extend to two years and shall also be liable to fine.
Section 11 - Evidence
(1) Subject to the provisions of this section, for the
purpose of investigation (including the preliminary inquiry, before such
investigation) under this Act, the Lokayukta may require any public servant or
any other person who in his opinion is able to furnish information or produce
documents relevant to the investigation, to furnish any such information or
produce any such document.
(2) For the purpose of any such investigation
(including the preliminary inquiry), the Lokayukta shall have all the powers of
a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of
1908) in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any
person and examining him on oath ;
(b) requiring the discovery and production of any
document;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or copy thereof
from any court or office ;
(e) issuing commissions for the examination of
witnesses or documents ;
(f) such other matters as may be prescribed.
(3) The Lokayukta shall have power to require any person
subject to the provisions of sub-section (8) to furnish information on such
points or matters as, in the opinion of the Lokayukta may be useful for, or
relevant to, the subject matter of the inquiry and any person so required shall
be deemed to be legally bound to furnish such information within the meaning of
section 176 and section 177 (45 of 1860) of the Indian Penal Code.
(4) The Lokayukta or any Gazetted officer specially
authorised in this behalf by the Lokayukta may enter any building or place where
he has reason to believe that any books of account or other documents relating
to the subject matter of the inquiry may be found, and may seize any such books
of account or documents or take extracts or copies therefrom, subject to the
provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974)
in so far as they may be applicable.
(5) The Lokayukta shall be deemed to be a Civil Court
and when any offence as is described in section 175, section 178, section 179
or section 180 (45 of 1860) of the Indian Penal Code is committed in the view
or presence of the Lokayukta, the Lokayukta may, after recording the facts
constituting the offence and the statement of the accused as provided for in
the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a
Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused
as if the case had been forwarded to him under section 346 of the Code of the Criminal
Procedure, 1973.
(6) Any proceeding before the Lokayukta shall be deemed
to be a judicial proceeding within the meaning of sections 193 and 228 (45 of
1860) of the Indian Penal Code.
(7) Subject to the provisions of sub-section (8), no
obligation to maintain secrecy or other restriction upon the disclosure of
information obtained by or furnished to the State Government or any public
servant, whether imposed by any enactment or by any rule of law, shall apply to
the disclosure of information for the purpose of any investigation under this
Act and the State Government or any public servant shall not be entitled in
relation to any such investigation to any such privilege in respect of the
production of documents or the giving of evidence as is allowed by any enactment
or by any rule of law in legal proceedings.
(8) No person shall be required or authorised by virtue
of this Act to furnish any such information or answer any such question or
produce so much of an document,--
(a) as might prejudice the security or defence or
international relations of India (including India's relations with the
Government of any other country or with any international organisation), or the
investigation or detection of crime; or
(b) as might involve the disclosure of proceedings,
other than the decision, of the Cabinet or Council of Ministers of the State
Government or any committee thereof, if any ;
and
for the purpose of this sub-section a certificate issued by the Chief Secretary
certifying that any information, answer or portion of a document is of the
nature specified in clause (a) or clause (b), shall be binding and conclusive.
Section 12 - Report of Lokayukta in case of the Chief Minister
(1) If after investigation of any action in respect of
which a complaint involving an allegation has been made against the Chief
Minister or against the Chief Minister in conjunction with any other public
functionary, the Lokayukta is satisfied that such allegation can be
substantiated, either wholly or partly against the Chief Minister, he shall, by
a report in writing, communicate his findings, alongwith the relevant
documents, materials and other evidence, to the Chief Minister.
(2) On receipt of the report under sub-section (1), the
Chief Minister shall cause the same to be placed, without delay, before the
Council of Ministers.
Section 13 - Findings and recommendations to be communicated to competent authority by a report
(1) If, in any case to which section 12 does not apply,
the Lokayukta after investigation of any action in respect of which a complaint
involving an allegation has been or can be or could have been made, is
satisfied that such allegation can be substantiated, either wholly or partly,
he shall by a report in writing, communicate his findings along with the
relevant documents, materials and other evidence, to the competent authority.
(2) The competent authority shall examine the report
forwarded to it under sub-section (1) and intimate, within three months of the
date of receipt of the report, the Lokayukta the action taken or proposed to be
taken on the basis of the report.
Section 14 - Annual report of Lokayukta
(1) The Lokayukta shall present annually a consolidated
report of the performance of his functions under this Act to the Governor, and
the Governor shall, on receipt of such report, cause a copy thereof together
with an explanatory memorandum to be laid before the State Legislature.
(2) Subject to the provisions of sub-section (2) of
section 10, the Lokayukta may at his discretion make available from time to
time, the substance of cases closed or otherwise disposed of by him which may
appear to him to be general public, academic or professional interest, in such
manner and to such persons as he may deem appropriate.
Section 15 - Staff of Lokayukta
(1) The Lokayukta may appoint or authorise any officer
subordinate to him to appoint, officers, and other employees to assist the
Lokayukta in the discharge of his functions under this Act.
(2) The categories of officers and employees who may be
appointed under sub-section (1), their salaries, allowances and other
conditions of service and the administrative powers of the Lokayukta shall be
such as may be prescribed after consultation with the Lokayukta.
(3) Without prejudice to the provisions of sub-section
(1), the Lokayukta may, for the purpose of conducting investigations under this
Act, utilise the services of,--
(i) any officer or investigation agency of the State
Government;
(ii) any officer or investigation agency of the Central
Government, with the consent of that Government obtained in accordance with
article 258A of the Constitution ; or
(iii) any other person or agency.
(4) For the purpose of investigating into any matter,
any officer, agency or person whose services are utilised under sub-section (3)
may, subject to the direction of the Lokayukta,--
(a) summon and enforce the attendance of any person and
examine him ;
(b) require the discovery and production of any
document; and (c) requisition any public record or copy thereof from any
office.
(5) The provisions of sections 11 and 16 shall apply in
relation to any information furnished to any officer, agency or person whose
services are utilised under sub-section (3) as they apply in relation to the
information furnished to the Lokayukta during the course of the investigation
of any action by him.
Section 16 - Secrecy of information
(1) Any information, obtained by the Lokayukta or
members of his staff in the course of, or for the purposes of, any
investigation under this Act, and any evidence recorded in connection with such
information, shall, subject to the provisions of the proviso to sub-section (2)
of section 10, be treated as confidential and notwithstanding anything
contained in the Indian Evidence Act, 1872 (1 of 1972), no court shall be
entitled to compel the Lokayukta, or any public servant to give evidence
relating to such information or produce the evidence so recorded.
(2) Nothing in sub-section (1) shall apply to the
disclosure of any information or particulars,--
(a) in any report to be made on an investigation under
this Act or for any action or proceeding to be taken on such report ; or
(b) for purposes of any proceedings for an offence
under the Official Secrets Act, 1923 (19 of 1923), or an offence of giving or
fabricating false evidence under the Indian Penal Code or for purposes of any
proceedings under section 17 (45 of 1860); or
(c) for such other purposes as may be prescribed.
(3) An officer or other authority prescribed in this
behalf may give notice in writing to the Lokayukta with respect to any document
or information specified in the notice or any class of documents so specified
that in the opinion of the State Government the disclosure of the documents or
information or of documents or information of that class would be contrary to
public interest and where such notice is given, nothing in this Act shall be
construed as authorising or requiring the Lokayukta, or any member of his staff
to disclose or communicate to any person any document or information specified
in the notice or any document or information of a class so specified.
Section 17 - Intentional insult or interruption to, bringing into disrepute Lokayukta
(1) Whoever intentionally offers any insult or causes
any interruption, to the Lokayukta while the Lokayukta is conducting any
investigation under this Act, shall, on conviction, be punished with simple
imprisonment for a term which may extend to six months, or with fine, or with
both.
(2) Whoever, by words spoken, or intended to be read,
makes or publishes any statement or does any other act, which is calculated to
bring the Lokayukta into disrepute, shall, on conviction, be punished with
simple imprisonment for a term which may extend to six months, or with fine or
with both.
(3) The provisions of section 199 of the Code of
Criminal Procedure, 1973 (2 of 1974), shall apply in relation to an offence
under sub-section (1) or sub-section (2) as they apply in relation to an
offence referred to in sub-section (2) of the said section 199, subject to the
modification that no complaint in respect of such offence shall be made by the
public prosecutor except with the previous sanction of the Lokayukta.
Section 18 - Protection
(1) No suit, prosecution or other legal proceeding
shall lie against the Lokayukta or against any officer, employee, agency or
person referred to in section 15 in respect of anything which is in good faith
done or intended to be done under this Act.
(2) No proceedings of the Lokayukta shall be held bad
for want of form and except on the ground of jurisdiction, no proceedings or
decision of the Lokayukta shall be liable to be challenged, reviewed, quashed
or called in question in any court.
Section 19 - Conferment of additional functions on Lokayukta
(1) The Governor may, by notification published in the
Official Gazette and after consultation with the Lokayukta confer on the
Lokayukta such additional functions in relation to the eradication of
corruption as may be specified in the notification.
(2) The Governor may, by order in writing and after
consultation with the Lokayukta confer on the Lokayukta such powers of a
supervisory nature over agencies, authorities or officers set up, constituted
or appointed by the State Government for the eradication of corruption as may
be specified in the order.
(3) The Governor may, by order in writing and subject
to such conditions and limitations as may be specified in the order, require
the Lokayukta to investigate any action (being action in respect of which a
complaint may be made under this Act to the Lokayukta) and notwithstanding
anything contained in this Act, the Lokayukta shall comply with such order.
(4) When any additional functions are conferred on the
Lokayukta under sub-section (1) or when the Lokayukta is to investigate any
action under sub-section (3), the Lokayukta shall exercise the same powers and
discharge the same functions as he would in the case of any investigation made
on a complaint involving an allegation, and the provisions of this Act shall
apply accordingly.
Section 20 - Power to exclude complaints against classes of public functionaries
(1) The State Government may, on the recommendation of
the Lokayukta and on being satisfied that it is necessary or expedient in the
public interest so to do, exclude, by notification in the Official Gazette,
complaints, involving allegations against persons belonging to any class of
public functionaries specified in the notification, from the jurisdiction of
the Lokayukta.
(2) Every notification issued under sub-section (1)
shall be laid as soon as may be after it is issued before the State Legislature
while it is in session for a total period of thirty days which may be comprised
in one session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following the State
Legislature agree in making any modification in the notification or agree that
the notification, should not be made, and notify such decision in the Official
Gazette, the notification shall, from the date of publication of such decision,
have effect only in such modified form or be of no effect, as the case may be,
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done by virtue of that notification.
Section 21 - Disposal of deposit
The
sum deposited under section 9 by a complainant shall,--
(a) in a case where the complaint is refused to be
investigated or ceased to be investigated under sub-section (4) of section 10,
stand forfeited to the State Government,
(b) if the Lokayukta, for reasons to be recorded in
writing so directs, be utilised for compensating the public functionary
complained against, and
(c) in any other case be refunded to the complainant.
Section 22 - Power to delegate
The
Lokayukta may, by a general or a special order in writing, direct that any
powers conferred or duties imposed on him by or under this Act (except the
power to make reports to the Governor under sections 12 and 13) may also be
exercised or discharged by such of the officers, employees or agencies referred
to in section 15 as may be specified in the order.
Section 23 - Power to make rules
(1) The Governor may, by notification in the Official
Gazette, make rules for the purpose of carrying into effect the provisions of
this Act.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, such rules may provide for,--
(a) the authorities (for the purpose required to be
prescribed under sub-clause (b) of clause (3) of section 2;
(b) the allowances and pension payable to, and other
conditions of services of the Lokayukta under sub-section (4) of section 5:
(c) the manner in which the opinion of the Chief
Justice of the High Court shall be obtained for deciding the dispute referred
to in sub-section (3) of section 8;
(d) the forms in which complaints may be made and the affidavits
which may accompany such forms, under sub-section (2) of section 9 and the
manner in which and the authority or agency with which the complainant shall
deposit the amount under sub-section (4) of that section;
(e) the other matters in respect of which the Lokayukta
shall have powers of a Civil Court under clause (f) of sub-section (2) of
section 11;
(f) the categories of officers and employees who may be
appointed, their salaries and allowances and other conditions of service and
the administrative powers of Lokayukta under sub-section (2) of section 15;
(g) the other purposes in relation to disclosure of any
information or particulars under clause (c) of sub-section (2) of section 16 to
which the provision of sub-section (1) of that section shall not apply and the
officer or other authority who may give notice for the purpose of sub-section
(3) of that section;
(h) any other matter which is to be, or may be,
prescribed or in respect of which this Act makes no provision is, in the
opinion of the Governor, necessary for the proper implementation of this Act.
(3) All rules made under this section shall be, laid
for not less than thirty days before the State Legislature as soon as possible
after they are made, and shall be subject to rescission by the Lagislature, or
to such modification as the Legislature may make during the session in which
they are so laid, or the session immediately following.
(4) Any rescission or modification so made by the State
legislature shall be published in the Official Gazette and shall thereupon take
effect.
Section 24 - Provisions of this act to be in addition to and not in derogation of any other law
The
provisions of this Act shall be in addition to and not in derogation of the
provisions of the Prevention of Corruption Act, 1947 (2 of 1947) or any other
law for the time being in force.
Section 25 - Saving
(1) The provisions of this Act shall be in addition to
the provisions of any other enactment or any rule or law under which any remedy
by way of appeal, revision, review or in any other manner is available to a
person making a complaint under this Act in respect of any action, and nothing
in this Act shall limit or affect the right of such person to avail of such
remedy.
(2) Nothing contained in this Act shall be construed as
affecting the constitution of, or the continuance of functioning or exercise of
powers by any Commission of Inquiry appointed under the Commissions of Inquiry
Act, 1952 (60 of 1952) before the commencement of this Act and no complaint
shall be made under this Act in respect of any matter referred for inquiry to
such Commission before such commencement.
Schedule 1 - THE FIRST SCHEDULE
THE FIRST SCHEDULE
[See section 3(3)]
I
. . . . . . . . . . . . . . . . having been appointed Lokayukta do swear in the
name of God that I will bear true faith and . . . . . . . . . . . .
solemnly affirm
allegiance
to the Constitution of India as by law established, and I will duly and
faithfully and to the best of my ability, knowledge and judgment perform the
duties of my office without fear or favour, affection or illwill.
Schedule 2 - THE SECOND SCHEDULE
THE SECOND SCHEDULE
[See section. 5(4)]
There
shall be paid to the Lokayukta in respect of time spent on actual service,
salary at the following rates per mensem, that is to say, -
Lokayukta
. . . . . . 4000 rupees :
Provided
that, if the Lokayukta is in receipt of a pension (other than a disability or
wound pension) in respect of any previous service under the Government of India
or any of its predecessor Governments or under the Government of State or any
of its predecessor Governments, his salary in respect of service as the
Lokayukta shall be reduced--
(a) by the amount of that pension, and
(b) if he receives in lieu of a portion of the pension
due to him in respect of such previous service the commuted value thereof, by
the amount of that portion of the pension, and
(c) if he receives a retirement gratuity in respect of
such previous service, by the pension equivalent of that gratuity.