Bare Act
The Chhattisgarh Lok Aayog Act, 2002
1. Short title and commencement
- (1) This Act may be called the Chhattisgarh Lok Ayog (Sanshodhan) Adhiniyam, 2007.
- (2) It shall be deemed to have come into force retrospectively with effect from 2nd November, 2002.
2. Amendment of Section 4
In Section 4 of the Chhattisgarh Lok Ayog Adhiniyam, 2002 (No.30 of 2002) (hereinafter referred to as the Principal Act) :-
- (1) For proviso to subsection (I), the following shall be substituted, namely :- Provided that the Pramukh Lokayukth shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. Provided further that-
- (a) he may, by writing under his hand addressed to the Governor, resign his office and such resignation shall take effect as soon as it is tendered;
- (b) he may be removed from office in the manner specified in Section 5 of this Adhiniyam.
- (2) In sub-section (3), for the words "six months" the words "one year" shall be substituted.
3. Repeal
The Chhattisgarh Lok Aayog (Sanshodhan) Ordinance, 2007 (No. 4 of 2007) is hereby repealed.
4. Amendment of Section 12
In sub section
- (I) of section 12 of the principal Act, after the word "complaint" the words "and a reference made under sub section
- (2) of section 6" shall be inserted.
5. Repeal
The Chhattisgarh Lok Aayog (Sanshodhan) Ordinance, 2008 (No. 3 of 2008) is hereby repealed.
7. Matters not subject to inquiry
[See Section 7 (I)]
- (a) Action taken under the Extradition Act, 1962 (Act No. 34 of 1962) or the Foreigners Act, 1946 (Act No. 31 of 1946).
- (b) Action taken for the purpose of investigating crime or protecting the security of the State including action taken with respect to passports and documents,
- (c) Action in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers, except where the complaint relate to corruption, harassment or gross delay in meeting contractual obligations;
- (d) Action taken in exercise of powers in relation to determining whether a matter shall go to a Court or not.
- (e) Action taken in respect of removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claim which arise out of retirement, removal or termination of service.
- (f) Action involving complaints of corruption in respect of appointments of those mentioned in Section 18.
- (g) Grants of honours and awards.
12. Reports in respect of the Chief- Minister
Reports in respect of the Chief- Minister:-
- (1) The Lok Aayog shall send its report in respect of a complaint against the Chief Minister with its recommendations to the Governor, who shall take such action thereon, as he may deem fit or expedient.
- (2) The report of the Lok Aayog shall along with the order passed by the Governor under sub-section (1), be laid before the State Legislative Assembly.
13. Staff of Lok Aayog
Staff of Lok Aayog:-
- (1) There shall be a Secretary of the Lok Aayog, who shall assist the Lok Aayog in the discharge of its functions under this Adhiniyam.
- (2) There shall be such other officers and employees under the Secretary of the Lok Aayog as may be provided in the rules framed under this Adhiniyam.
14. Secrecy of information
Secrecy of information:-
- (1) Any information obtained in the course of an inquiry by the Lok Aayog, members of its staff or a person or agency whose services are utilized by the Lok Aayog for conducting inquiries, in respect of any complaint, and any evidence recorded or collected in connection with such information shall be treated as confidential.
- (2) Nothing in sub-section
- (I) shall apply to the disclosure of information or particulars:-
- (a) for purpose of the enquiry or in any report to be made thereon or for any action or proceedings to be taken on such report, or
- (b) for purposes of any proceeding for an offence under the Official Secrets Act, 1923 (Act No. 19 of 1923) or any offence of giving or fabricating false evidence under the Indian Penal Code or for the purpose of any proceedings under Section 15 of this Adhiniyam, 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 Lok Aayog with respect to any document or information specified in the
16. Lok Aayog to kake suggestions
Lok Aayog to kake suggestions
17. Power to make rules
Power to make rules
18. Removal of [ILLEGIBLE]
Removal of [ILLEGIBLE]
I. The First Schedule
THE FIRST SCHEDULE [See Section 3 (b)] I ... having been appointed Pramukh Lokayukt / Lokayukt do swear in the name of God / solemnly affirm that I will bear faith and 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 ill-will.
II. The Second Schedule
THE SECOND SCHEDULE [See Section 4(5)] 1. After appointment, there shall be paid to the Pramukh Lokayukt, in respect of time spent on actual service, salary plus such perquisites and allowances as are payable to- (i) A Judge of the Supreme Court of India, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Judge of the Supreme Court, (ii) A Chief Justice of a High Court, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Chief Justice of a High Court, (iii) A Judge of a High Court, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Judge of a High Court. Provided that his salary in respect of service as the Pramukh Lokayukt shall be reduced- (a) by the amount of pension (other than a disability pension) in respect of any previous service being drawn by him, and (b) if he has before appointment as the Pramukh Lokayukt received in lieu of a portion of the pension due to him the commuted value thereof, by the amount of that portion of the pension, and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. 2. After appointment, there shall be paid to a Lokayukt, in respect of time spent on actual service, salary plus such perquisites and allowances as are payable to- (i) A Secretary to the Government of India in case the Lokayukt is appointed from amongst the Secretaries to the Government of India, (ii) A person who has held any post under the Central or State Government in India carrying a scale of pay which is not less than that of a Secretary to Government of India in case the Lokayukt is appointed from amongst persons holding such posts, Provided that, if a Lokayukt at the time of his appointment is in receipt of a pension (other than a disability pension) in respect of any previous service under the Government of India or under the Government of a State in India, his salary in respect of service as the Lokayukt, shall be reduced- (a) by the amount of that pension, and (b) if he has, before such appointment received 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 has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.
PDF: pending for this language.
The First Schedule
THE FIRST SCHEDULE
[See Section 3 (b)]
I ... having been appointed Pramukh Lokayukt / Lokayukt do swear in the name of God / solemnly affirm that I will bear faith and 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 ill-will.
The Second Schedule
THE SECOND SCHEDULE
[See Section 4(5)]
1. After appointment, there shall be paid to the Pramukh Lokayukt, in respect of time spent on actual service, salary plus such perquisites and allowances as are payable to-
- (i) A Judge of the Supreme Court of India, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Judge of the Supreme Court,
- (ii) A Chief Justice of a High Court, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Chief Justice of a High Court,
- (iii) A Judge of a High Court, in case the Pramukh Lokayukt is appointed from amongst those who have held the office of a Judge of a High Court. Provided that his salary in respect of service as the Pramukh Lokayukt shall be reduced-
- (a) by the amount of pension (other than a disability pension) in respect of any previous service being drawn by him, and
- (b) if he has before appointment as the Pramukh Lokayukt received in lieu of a portion of the pension due to him the commuted value thereof, by the amount of that portion of the pension, and
- (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. 2. After appointment, there shall be paid to a Lokayukt, in respect of time spent on actual service, salary plus such perquisites and allowances as are payable to-
- (i) A Secretary to the Government of India in case the Lokayukt is appointed from amongst the Secretaries to the Government of India,
- (ii) A person who has held any post under the Central or State Government in India carrying a scale of pay which is not less than that of a Secretary to Government of India in case the Lokayukt is appointed from amongst persons holding such posts, Provided that, if a Lokayukt at the time of his appointment is in receipt of a pension (other than a disability pension) in respect of any previous service under the Government of India or under the Government of a State in India, his salary in respect of service as the Lokayukt, shall be reduced-
- (a) by the amount of that pension, and
- (b) if he has, before such appointment received 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 has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.