section 13
Jurisdiction of Lokayukta in respect of Inquiry
The Himachal Pradesh Lokayukta (Amendment) Act, 2021General201458 sections
Statutory text
- (1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:-
- (a) any person who is or has been a Chief Minister;
- (b) any person who is or has been a Minister;
- (c) any person who is or has been a member of the Himachal Pradesh Legislative Assembly;
- (d) all officers and employees of the State Government, when they are serving or have served in connection with the affairs of the State, among the public servants defined in sub-clauses
- (i) and
- (ii) of clause
- (c) of section 2 of the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983;
- (e) all officers and employees of the bodies or Boards or Corporations or authorities or companies or societies or trusts or autonomous bodies (by whatever name called) established by an Act of Parliament or the State Legislature or fully or partly financed or controlled by the State Government, referred to in clause (d);
- (f) any person who is or has been a Chairperson or member or officer or employee of any body or Board or Corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or the State Legislature or fully or partly financed or controlled by the State Government: Provided that in respect of those officers referred to in clause (e), who have served in connection with the affairs of the Union or in any body or Board or Corporation or authority or company or society or trust or autonomous body specifically referred to in clause (d), but are serving in connection with the affairs of the State or in any body or Board or Corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or fully or partly financed or controlled by the Central Government, the Lokayukta and its officers of the Inquiry Wing or Prosecution Wing shall have jurisdiction only after obtaining the consent of the concerned Central Government in respect of such officers under this Act;
- (g) any person who is or has been a Director, Manager, Secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, fully or partly financed or aided by the Government, whose annual income exceeds such amount as the State Government may, by notification, specify;
- (h) any person who is or has been a Director, Manager, Secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, which receives donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010, in excess of ten lakh rupees per year or such higher amount as the Central Government may specify by notification. Explanation.—For the purposes of clause
- (g) and clause (h), it is hereby clarified that any entity or institution, by whatever name called, corporation, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not) shall be the entities falling under those clauses: Provided that any person referred to in this section shall be deemed to be a public servant under clause
- (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 shall apply accordingly.
- (2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any allegation of corruption against a member of the Legislative Assembly in respect of anything said or any vote given by him in the Legislature or any committee thereof falling under the provisions of clause
- (2) of article 194 of the Constitution.
- (3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act, of abetment, bribe giving or bribe taking or conspiracy in relation to any allegation of corruption against any person specified in sub-section (1), under the Prevention of Corruption Act, 1988 and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983: Provided that in the case of any person serving in connection with the affairs of the Union, no action under this section shall be taken without the concurrence of the Central Government.
- (4) Any case, in respect of which any complaint has been made to the Lokayukta under this Act, shall not be referred for investigation under the Commissions of Inquiry Act, 1952. Explanation.—For the removal of doubts, it is hereby declared that any complaint under this Act shall relate only to such period during which the public servant was holding office or serving in that capacity.
Study data processing for this section.
PDF: pending for this language.