In exercise of the powers
conferred by section 54 of the Himachal Pradesh Lokayukta Act, 2014 (Act No. 23
of 2015), the Governor of Himachal Pradesh, in consultation with the Lokayukta
of Himachal Pradesh, hereby makes the following rules to carry out the
provisions of the Act ibid, namely: - (1)
These rules may be called the Himachal Pradesh Lokayukta Rules,
2019. (2)
They shall come into force from the date of their publication in
the Rajpatra, H.P. (e-Gazette). (1)
In these rules, unless the context otherwise requires,- (a)
"Act" means the Himachal Pradesh Lokayukta Act, 2014
(Act No. 23 of 2015); (b)
"complainant" means a person who makes a complaint under
the Act; (c)
"Form" means a form appended to these rules; (d)
"Officer" means a person appointed to, or borne on the
Gazetted Cadre/Service of the Lokayukta; and (e)
"section" means section of the Act; (2)
All other words and expressions used in these rules and not
defined, but defined in the Himachal Pradesh Lokayukta Act, 2014, the
Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of
Specific Corrupt Practices Act, 1983 shall have the same meanings respectively
assigned to them in those Acts. (1)
A complaint shall be signed by the complainant and shall be made
in Form-1 and it shall be accompanied by an affidavit in Form-2 in support of
its contents. (2)
The complaint may be presented in person or sent by registered
post or speed post to the Secretary to the Lokayukta. An affidavit may be sworn before
the Lokayukta or any other Gazetted Officer subordinate to the Lokayukta and
authorized by him in this behalf, besides the authorities already empowered
under any law in force in the State of Himachal Pradesh before whom affidavit
may be sworn. (1)
On receipt of a complaint, the Reader to the Lokayukta or other
officer/official authorized in this behalf, shall enter the particulars thereof
in the "Register of Complaints" in Form-3 and place the same before
the Lokayukta. (2)
If the Lokayukta is of the opinion that any such complaint is not
in conformity with the provisions of the Act or the rules made thereunder, he
shall within a period of fifteen days excluding general holidays from the date
of its receipt, issue a notice to the complainant in Form-4 to rectify the
defect within the time specified in the notice: Provided that the Lokayukta may
extend the time specified in the notice for sufficient cause. (3)
All the complaints shall be placed before the Lokayukta for
orders, but complaints regarding which action has been taken under sub-rule (2)
shall be placed only after the expiry of the period of time stipulated in the
notice or the extended period, whether or not any defect pointed out has been
rectified. (4)
Every person making a complaint under sub-rule (1) shall be
informed of the gist of the orders passed under sub-rule (3), if no further
action on the complaint is to be taken. (1)
If while making any preliminary inquiry or while conducting any
investigation under the Act, or at any time, the Lokayukta or other officer
authorized in this behalf, examines any person as a witness, whether as witness
to give evidence or, to produce any document in his possession, and if such
person is in any private service, such person shall be entitled to a
certificate in Form-5 that he has attended the office of the Lokayukta for the
purpose of evidence, etc. from the office of the Lokayukta. Explanation:- For the purposes of
this rule, "private service" means any employment other than that of
a public servant. (2)
If a person produces such certificate before his employer, he
shall not be deemed to be absent from duty for the purpose of any
action/penalty which would otherwise have been followed in consequence of such
absence. (3)
If such person is a public servant to whom Civil Services Rules or
Regulations apply, he shall obtain a similar certificate that he was so
summoned and has attended the office of the Lokayukta. Upon production of such
a certificate, he shall be treated as on duty on the day or dates on which he
attended the office of the Lokayukta. (4)
If such person is in private service or is not employed in any
service, he may be paid actual travelling allowance and subsistence allowance
at the rates fixed by general or special order of the Lokayukta. (1)
Every public servant shall file with the competent authority an
annual return of his assets and liabilities on or before 31st July of every
year in Form-6. The competent authority shall forward a copy of the return,
filed by the public servant to the Lokayukta on or before 30th September every
year. (2)
Every competent authority shall send a copy of transfer order of
every Class-I, Class-II and Class-Ill employee to the Lokayukta to ascertain
their station of posting. (1)
The Lokayukta shall exercise such financial powers as are
delegated by the Government from time to time. (2)
The Secretary to the Lokayukta shall exercise such financial
powers as Head of Department as are delegated by the Government from time to
time. The Lokayukta shall furnish every
half yearly return to the State Government in Form-7 in the month of July and
January every year stating therein the number of complaints registered,
enquiries/investigations conducted, prosecution sanction granted, charge-sheet
filed in the Special Court etc. The Lokayukta shall furnish in
financial year annual and revised budget estimates showing estimated receipts
and expenditure and expenditure statements to the State Government in Forms-8
to 13 on the scheduled date and time in accordance with the provisions of the
Himachal Pradesh Budget Manual, 1971. The Lokayukta shall maintain its
accounts of receipts and payments and other relevant records in accordance with
the provisions of the Himachal Pradesh Financial Rules, 2009. The provisions of the Code of
Criminal Procedure, 1973 shall apply for the purpose of conducting any
preliminary inquiry and investigation under the Act: Provided that the Lokayukta or
the officer authorized by him shall have power to take cognizance of offences
in the appropriate cases under section 190 of the Code of the Criminal
Procedure, 1973. For the purpose of summoning and
enforcing the attendance of any person, discovery and production of any
document, receiving evidence on affidavit, requisitioning any public record,
issuing commissions for the examination of witnesses or documents, attachment
of assets etc., the provisions of Chapter XVI of the Code of Civil Procedure,
1908 shall apply mutatis mutandis, as deemed fit, by the Lokayukta. The hours of work and holidays
for the Lokayukta and his office shall be such as may be declared by the
Lokayukta from time to time, but save as otherwise so declared, the Lokayukta
and his office shall observe the same public holidays as are observed by the
High Court of Himachal Pradesh and such local holidays as are declared by the
local authorities from time to time. Where the State Government is of
the opinion that it is necessary or expedient to do so, it may, by order, for
reasons to be recorded in writing and in consultation with the Lokayukta, relax
any of the provisions of these rules with respect to any class or category of
persons or posts. (1)
The Himachal Pradesh Lokayukta (Proceedings) Rules, 1983 are
hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken
under the rules so repealed under sub-rule (1) shall be deemed to have been
done or taken under these rules.HIMACHAL
PRADESH LOKAYUKTA RULES, 2019
PREAMBLE