Bare ActsThe ARUNACHAL PRADESH LOKAYUKTA ACT, 2014 (Act no. 7 of 2014) as amended in 2019

Section 13

Amendment status not verified — confirm the current text below against the official source.

The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the Chairperson, member or Secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta shall form part of that Fund. .. CHAPTER - VI JURISDICTION IN RESPECT OF INQUIRY 8[14 (i) subject to the other provisions of this Act,the Lokayukta shall have its jurisdiction on all the following categories, namely (a) any person who is or has been a Chief Minister; (b) any other person who is or has been a Minister of the State; (c) any person who is or has been the member of the Arunachal Pradesh Legislative Assembly; (d) any person who is Chairperson or the member by whatever name called, of a Panchayat or a Municipality as respectively provided in articles 243-B and 243-Q of the Constitution of India; (e) all officers or employees whose appointing authority is the State Government of the State, referred to in sub- clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the State; (f) all officers or employees referred to in clause (e) equivalent in any Body or Corporation or Authority or Company or Society or Trust or Autonomous Body (by whatever name called) established by any Act of Parliament or of a State Legislature which is wholly or partly financed by the Government or controlled by it; Provided that in the case of officers and employees referred to in clauses( e) and (f) but are working in connection with the affairs of the Union or in Body or Board or Corporation or Authority or Company or Society or Trust or Autonomous Body under the control of the Union, the Lokayukta and officers of its Inquiry Wing shall have jurisdiction under this Act in respect of such officers only after obtaining the consent of the Central Government; (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), wholly or partly financed or aided by the Government and the annual income of which exceeds such amount as the 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) in receipt of any donation from the public and the annual income of which exceeds such amount as the Government may, by notification, specify or from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify; Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act,1988 and or under section 21 of the Indian Penal Code, 1860 and the provisions of that Act shall apply accordingly. -7- (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 such allegation of corruption against any Member of the Legislative Assembly in respect of anything said or a vote given by him in the Legislative Assembly of the State or any committee thereof covered under the provisions contained in 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 (l)~if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1). 8[ ].deleted by s.8 of 2019 Act. [Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of the Union, without the consent of the Central Government" . 11(1) Except as hereinafter provided, the Lokayukta shall not conduct any inquiry under this Act, in the case of a complaint in respect of any action, if such action relates to any matter as follows :- ( a) action taken for the purpose of investigating crime relating to the security of the State; (b) action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not; (c) administrative action taken 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 complainant al/eges harassment or gross delay in meeting contractual obligation; (d) action taken in respect of appointment, transfer and postings, removal, pay, discipline, superannuation, actions relating to claims for pension, gratuity, provident fund or to any claims which arises on re tirem en t.remo val or termination of service, or other matters relating to conditions of service of public servants; (e) grant of honours and awards; (f) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta; (g) any action in respect of a matter which has been referred to inquiry under the Commissions of Inquiry Act, 1952; (2) In the case of any complaint, nothing in this Act shall be construed as empowering the Lokayukta to question any administrative action involving the exercise of a discretion, except where Lokayukta is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima-facie be regarded as having been improperly exercised. Explanation - For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity]. 8[ ].deleted by s.8 of 2019 Act.

Section 13 – The ARUNACHAL PRADESH LOKAYUKTA ACT, 2014 (Act no. 7 of 2014) as amended in 2019 | DailyLaw.ai