The Himachal Pradesh Lokayukta (Amendment) Act, 2021
The Himachal Pradesh Lokayukta (Amendment) Act, 2021
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. Short title, extent, commencement and application
- 2. Definitions
- 3. Eligibility for appointment as Lokayukta
- 4. Recommendations of Selection Committee for appointment of Lokayukta
- 5. Filling of vacancy of Lokayukta
- 6. Term of office of Lokayukta
- 7. Salary, allowances and other conditions of service of Lokayukta
- 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. Secretary, other officers and staff of Lokayukta
- 10. Inquiry Wing
- 11. Prosecution Wing
- 12. Expenses of Lokayukta to be charged on consolidated fund of the State
- 13. Jurisdiction of Lokayukta in respect of Inquiry
- 14. Matters pending before any court or committee or authority for inquiry not to be affected
- 15. Provisions relating to complaints and preliminary inquiry and investigation
- 16. Persons likely to be prejudicially affected to be heard
- 17. Lokayukta may require any public servant or any other person to furnish information
- 18. Power of Lokayukta to grant sanction for initiating prosecution
- 19. Action on investigation against public servant being Chief Minister, Ministers or Members of Legislative Assembly
- 20. Supervisory powers of Lokayukta
- 21. Search and seizure
- 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. Power of Lokayukta to utilize services of officers of the State Government
- 24. Provisional attachment of assets
- 25. Confirmation of attachment of assets
- 26. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances
- 27. Power of Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption
- 28. Power of Lokayukta to give directions to prevent destruction of records during preliminary inquiry
- 29. Power to delegate
- 30. Special Courts to be constituted by State Government
- 31. Letter of request to a contracting State in certain cases
- 32. Removal and suspension of Lokayukta
- 33. Complaints against officials of Lokayukta
- 34. Assessment of loss and recovery thereof by Special Court
- 35. Budget
- 36. Grants by the State Government
- 37. Annual statement of accounts
- 38. Furnishing of returns etc. to State Government
- 39. Declaration of assets
- 40. Presumption as to acquisition of assets by corrupt means in certain cases
- 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. False complaint made by society or association of persons or trust
- 43. Reports of Lokayukta
- 44. Lokayukta to function as appellate authority for appeals arising out of any other law for the time being in force
- 45. Protection of action taken in good faith by any public servant
- 46. Protection of action taken in good faith by others
- 47. Lokayukta, Officers and employees of Lokayukta to be public servants
- 48. Limitation to apply in certain cases
- 49. Bar of jurisdiction
- 50. Legal assistance
- 51. Act to have overriding effect
- 52. Provisions of this Act to be in addition of other laws
- 53. Power to punish for contempt
- 54. Power to make rules
- 55. Power of Lokayukta to make regulations
- 56. Laying of rules and regulations
- 57. Power to remove difficulties
- 58. Repeal and savings
PDF: pending for this language.