Bare ActsThe Delhi Lokayukta and Uplokayukta Act, 1995

Section 1

Sr

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Sr.No. ^Substitution of new Schedule for the Second Schedule-In the Delhi Lokayukta and Uptokayukta Act 1995 [Delhi Act 1 of 1996), for the Second Schedule, the following Schedule shall be substituted, namely;- The Second Schedule [See Section 5 (7)) After appointment there shall be bald to the Lokayukta and Upalokayukta, in respect of time spent on actual service, saiary at the following rates per men sum, that is to say - jSr.No. |TheSecond Schedule^ is are payable ftgm time to POWER OF LT. GOVERNOR TO REMOVE DIFFICULTIES :- If any difficulty arises in giving effect tothe provisions of this Act. the LieutenantGovemor may, by order as occasion requires, doanythlng which appears to him to be necessaryfbr the purpose of removing thedlfUculty; Provided that no such order shall be made alter the expiration of two years from the date of the commencement of this Act. THE FIRST SCHEDULE [ See Section 3 (3) ] I,, having been appointed Lokayukta/ Upelokayukta dc swear in the name of God/solemnly affirm that Iwlil bear true faith and allegiance to the Constitution of Indlaas by law established and I will duly and faithfully and to thebest of my ability, knowledge and judgment perform the duties ofmy office without fear, favour, affection or ill-will. Signature DELHI a. the authorities for the purposes required to be prescribed under sub-clause (B) of clause (d) of section 2; b- the allowances and pension payable to and other conditions of service of, the Lokayukta and Upalokayukta; c. the forms In which complaints may be made or as the case may be, affidavits may be sworn; d,anyother matter which is to be or may be prescribed in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Lieutenant Governor necessary for the proper implementation ot this Act. e.Every rule made under this Act and every order issued under section 21 shall be laid as soon as may be after it is made or issued before the Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions afore said, the House agrees in making any modification in the rule or order or the House agrees that the rule or order should not be made or issued, the rule or order, shall there after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order. pi ^ to make Rules y, yj condition of previous publication, make rules for carrying out the purposes of this Act. Inparticular, and without prejudice to the generality of the foregoing provisions, such rules may provide for Provision of this Act to be In addition to any other law for the time being in force ;- provisions Of this Act shall be in addition to the provisions of any other enactment or any rule or law under whlchany remedy by way of appeal, revision, reviewor in any other manner Is available to a person making a complaint under this Act In respect of any action, and nothing In this Act shall limit or affect the right of such parson to avail of such remedy. POWER TO DELEGATE :-' The Lokayukta or Upalokayukta may by a general or special order in writing , direct that any power conferred or duties Imposed on himby or uMar this Acttexcept the power to make inquiry or to reportto the competent authority) may also be exercised or discharged by such of the officers, employees,agencies referred to In section 13 as may be specified in the order. POWERS TO MAKE RULES :•'• jSr.No. |Powers to make ^ul^s a.any member of the Judicial Services who is under the administrathffi control of the High Court under Article 235 of the Constitution; b.person who is a member of a Civil Service of the Union or an All India Service or Civil Service of a State or holds a Civil post under the Union or a State In connection with the affairs of Delhi. itis hereby declared that nothing In this Acishali be construed to authorize tl Lokayukta or an Upalokayuktato inquire into an allegation against- Provided that if the Lokayukta or an Upaiokayukta at the time ot his appointment is in receipt of a pension (other than a disability or wound pension) In respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of State or any of its predecessor Governments, his salary in respect of sendee as the Lokayukta, or as the case may be, Upaiokayukta, 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." * Subsi^ted vide Notification No. 14(6)/LA-20O9/Law/18B dated ^5 May ^010 (Come Into force on the 1st day of January 2006) LAST UPDATED DATE :- 03/05/2013I Upaiokayukta - Such salary (equivalent to the salary last drawn by the incumbent in his previous post) plus perquisites and allowances as are payable from time to time to- (i) a Secretary to the Government in case Upaiokayukta is appointed from amongst the Secretaries to the Government; (II) a District Judge in Delhi In case Upaiokayukta is appointed from amongst District Judges in Delhi; (iii) a Joint Secretary to the Government of India in case Upaiokayukta Is appointed from amongst the Joint Secretaries to the Government of India; The Second Schedule (i) a Chief Justice of a High Court In case Lokayukta is appointed from amongst Chief Justices of High Courts in India; (il) a Judge of a High Court in case Lokayukta is appointed from amongst Judges of High Courts in India;

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