KARNATAKA LOKAYUKTA (AMENDMENT) RULES, 1986

PREAMBLE

In exercise of the powers conferred by Section 23 of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Lokayukta Rules, 1985, namely.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Lokayukta (Amendment) Rules, 1986.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Amendment of Rule 2.

In sub-rule (1) of Rule 2 of the Karnataka Lokayukta Rules, 1985 (hereinafter referred to as the said rules), after clause (c), the following clause shall be inserted, namely.

"(cc) "Registrar" means Registrar to the Lokayukta and includes an Additional Registrar, a Deputy Registrar and an Assistant Registrar".

Rule - 3. Amendment of Rule 4.

For sub-rule (2) of Rule 4 of the said rules, the following sub-rule shall be substituted, namely.

"(2) The complaint may be presented in person or sent by registered post to the Registrar. Such complaint shall be acknowledged by the Registrar specifying the name and designation of the public servant against whom such complaint is made".

Rule - 4. Substitution of Rule 5.

For Rule 5 of the said rules, the following rule shall be substituted, namely.

"5. Scrutiny and registration of complaints.

(1)     On receipt of a complaint, the Registrar shall cause the particulars thereof to be entered in "the Register of complaints" in Form II-A.

(2)     If the Registrar is of the opinion that any such complaint is not in conformity with the provisions of the Act or the rules or is otherwise defective, he shall issue a notice to the complainant in Form III to rectify the defect within the time specified in the notice:

Provided that the registrar may extend the time specified in the notice for sufficient cause.

(3)     All complaints shall be placed before the Lokayukta or the Upa-lokayukta as the case may be, 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 of the extended period, whether or not any defect pointed out by the Registrar 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".

Rule - 5. Amendment of Form I.

In Form I to the said rules, for Item 9, the following shall be substituted, namely.

"9.   were the facts stated in Item 3 the subject matter of any previous complaint to any authority including the Lokayukta or the Upa-lokayukta or of any suit, petition or other proceeding whatsoever before a Court of Law or other Tribunal or an Officer of a Government if so give particulars of the remedy sought or given".

Rule - 6. Insertion of new Form II-A.

After Form II to the said rules, the following form shall be inserted, namely.

"FORM II-A

[See Rule 5(i)]

xxxx

Rule - 7. Substitution of new form for Form III.

For Form HI to the said rules, the following form shall be substituted, namely

"FORM III

[See Rule 5]

Before the Lokayukta/Upalokayukta for Karnataka, Bangalore

To

Sri/Srimathi...............

Sir/Madam

Subject:

With reference to your communication dated.............on the above subject I have to state that the same has been found to suffer from the following defects.

(a) ..................

(b) ..................

(c) ..................

(d) ..................

You are hereby required to rectify the defects pointed out above, within........ .............days from the date of receipt of this letter by you, failing which the said communication shall be placed for orders before the Lokayukta/Upa-lokayukta.

Yours faithfully,

Registrar to the Lokayukta

Bangalore:

Dated:

Karnataka, Bangalore".

Rule - 8. Substitution of new form for Form IV.

For the Form IV to the said rules, the following form shall be substituted, namely.

"FORM IV

[See Rule 7]

Statement of Assets and Liabilities filed by............(here specify the name and designation of the Public Servant) for the year..............

(Note.every column appearing in the form has to be filled in) in words, not by dashes and dots).

(1)     The permanent address (with Telephone No. if any) of the Public Servant;

(2)     Names of the members of the Family of the Public Servant and his relationship with each of them;

(3)     Present monthly income.

(A)     Statement of Assets and Liabilities of the Public Servant.

(4)     Cash and other Liquid Assets:

(a)      Cash;

(b)      Bank deposits;

(c)      Bank Accounts;

(d)      Post Office Accounts;

(e)      National Savings Certificates and other certificates obtained through the Post Office;

(f)       Units of Unit Trust of India;

(g)      Government and other securities;

(h)     Shares, Debentures or Deposits in companies;

(i)       Money advanced to others as loan or otherwise;

(j)       Insurance Polices and Provident Funds;

(k)      Other investments not being investments in immovable property.

Note. The above details shall be in tabular form indicating the date, cost and source of acquisition, the particulars of the assets sufficient to identify them and the person with whom or place where they are kept.

(5)     Moveable property other than that covered by Item 4:

(a)      Jewellery and Bullion;

(b)      Vehicles;

(c)      Video Cassette Players;

(d)      Refrigerators;

(e)      Air Conditioners;

(f)       Television Sets;

(g)      Video Cassette Recorder;

(h)     Antiques;

(i)       Silverware;

(j)       Business Concerns;

(k)      Livestock;

(l)       Other Household goods including furniture costing more than Rs. 5,000 each.

(6)     Immovable property:

(a)      Agricultural lands;

(b)      Non-agricultural lands which have not been built upon;

(c)      Buildings;

(d)      Other immovable property.

Note. The information to be given shall be in tabular form stating the cost, date and source of the acquisition of the property and the interest of the public servant therein its situation and particulars sufficient to identify it.

(7)     Liabilities:

(a)      Nature, extent and other particulars of liability and the date when it was incurred;

(b)      Name and address of the person to whom the public servant is liable.

(8)     Statement of Assets and Liabilities of the Members of the family of the Public Servant,

(Here give the details of property as required by Items 4 to 7, separately for each member of the family)

I,...................do hereby solemnly declare that the information furnished above is true, and that nothing relevant has been omitted therefrom.

Station:

Signature of the Public Servant

Designation............"