The Himachal Pradesh Lokayukta (Amendment) Act, 2021

The Himachal Pradesh Lokayukta (Amendment) Act, 2021

General201458 sections

This amendment Act regulates the administrative functioning of the Lokayukta and Up-Lokayuktas in the state of Himachal Pradesh, focusing on creating an independent body to receive complaints against public servants for corruption or maladministration. It extends its application to public servants residing both within and outside the state, ensuring accountability and transparency in governance. The law empowers citizens to voice grievances against high officials, including the Chief Minister and Ministers, while also providing for the appointment of a "Up-Lokayukta" to assist the principal officer. Legal proceedings begin only upon a proper application filed by an aggrieved person, subject to the strictoversight of the designated "competent authority," which includes high-ranking governmental bodies such as the Legislative Assembly or Chief Minister depending on the rank of the accused official.

  1. 1. Short title, extent, commencement and application
  2. 2. Definitions
  3. 3. Eligibility for appointment as Lokayukta
  4. 4. Recommendations of Selection Committee for appointment of Lokayukta
  5. 5. Filling of vacancy of Lokayukta
  6. 6. Term of office of Lokayukta
  7. 7. Salary, allowances and other conditions of service of Lokayukta
  8. 8. Provided further that the salary, allowances and pension payable to and other conditions of service of the Lokayukta shall not be varied to his disadvantage after his appointment.
  9. 9. Secretary, other officers and staff of Lokayukta
  10. 10. Inquiry Wing
  11. 11. Prosecution Wing
  12. 12. Expenses of Lokayukta to be charged on consolidated fund of the State
  13. 13. Jurisdiction of Lokayukta in respect of Inquiry
  14. 14. Matters pending before any court or committee or authority for inquiry not to be affected
  15. 15. Provisions relating to complaints and preliminary inquiry and investigation
  16. 16. Persons likely to be prejudicially affected to be heard
  17. 17. Lokayukta may require any public servant or any other person to furnish information
  18. 18. Power of Lokayukta to grant sanction for initiating prosecution
  19. 19. Action on investigation against public servant being Chief Minister, Ministers or Members of Legislative Assembly
  20. 20. Supervisory powers of Lokayukta
  21. 21. Search and seizure
  22. 22. Provided that where any document is required to be returned, the Lokayukta or the authorised officer may, after retaining duly certified copies of such document, return it.
  23. 23. Power of Lokayukta to utilize services of officers of the State Government
  24. 24. Provisional attachment of assets
  25. 25. Confirmation of attachment of assets
  26. 26. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances
  27. 27. Power of Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption
  28. 28. Power of Lokayukta to give directions to prevent destruction of records during preliminary inquiry
  29. 29. Power to delegate
  30. 30. Special Courts to be constituted by State Government
  31. 31. Letter of request to a contracting State in certain cases
  32. 32. Removal and suspension of Lokayukta
  33. 33. Complaints against officials of Lokayukta
  34. 34. Assessment of loss and recovery thereof by Special Court
  35. 35. Budget
  36. 36. Grants by the State Government
  37. 37. Annual statement of accounts
  38. 38. Furnishing of returns etc. to State Government
  39. 39. Declaration of assets
  40. 40. Presumption as to acquisition of assets by corrupt means in certain cases
  41. 41. Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.
  42. 42. False complaint made by society or association of persons or trust
  43. 43. Reports of Lokayukta
  44. 44. Lokayukta to function as appellate authority for appeals arising out of any other law for the time being in force
  45. 45. Protection of action taken in good faith by any public servant
  46. 46. Protection of action taken in good faith by others
  47. 47. Lokayukta, Officers and employees of Lokayukta to be public servants
  48. 48. Limitation to apply in certain cases
  49. 49. Bar of jurisdiction
  50. 50. Legal assistance
  51. 51. Act to have overriding effect
  52. 52. Provisions of this Act to be in addition of other laws
  53. 53. Power to punish for contempt
  54. 54. Power to make rules
  55. 55. Power of Lokayukta to make regulations
  56. 56. Laying of rules and regulations
  57. 57. Power to remove difficulties
  58. 58. Repeal and savings

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