Bare ActsThe KARNATAKA LOKAYUKTA ACT, 1984

Section 26

Repeal and savings

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

Repeal and savings. FIRST SCHEDULE SECOND SCHEDULE ***** 2 STATEMENT OF OBJECTS AND REASONS I Act 4 of 1985.- The administrative reforms commission had recommended the setting up of the institution of Lokayukta for the purpose of improving the standards of public administration, by looking into complaints against administrative actions, including cases of corruption, favouritism and official indiscipline in administration machinery. One of the election promises in the election manifesto of the Janatha Party was the setting up of the institution of the Lokayukta. The Bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants. The public servants who are covered by the Act include,- (1) Chief Minister; (2) all other Minister and members of the State Legislature; (3) all officers of the State Government; (4) Chairmen, Vice-Chairmen of Local Authorities, statutory bodies, or corporations established by or under any law of the State Legislature, including Co- operative societies. (5) Persons in the service of Local Authorities, Corporations, owned or controlled by the State Government, a company in which not less than fifty-one percent of the shares are held by the State Government, Societies registered under the Societies Registration Act, Co-operative Societies and Universities established by or under any law of the Legislature. Where, after investigation into a complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the Competent Authority, the public servant concerned, if he is a Chief Minister, or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension , with effect from the date of the acceptance of the declaration. If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted. The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will get transferred to the Lokayukta. There are other incidental and consequential provisions. Hence this Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 29th March 1983 as No.198 at page 27.) II Amending Act 15 of 1986.- English Not Available. Kannada see at page 134. III Amending Act 31 of 1986.- English Not Available. Kannada see at page 134. IV Amending Act 1 of 1988.- The Karnataka Lokayukta Act, 1984 (Karnataka Lokayukta Act No.4 of 1985) has come into force with effect from 15th January 1986. 3 The Lokayukta assumed Office on the same day and the Upa-Lokayukta on 22nd January 1986. It is considered necessary to make certain amendments including interalia a provision to punish for contempt both in respect of Lokayukta and Upa-Lokayukta. Hence the Bill. (Obtained from L.A. Bill No.10 of 1988) V Amending Act 30 of 1991.- As per the section 5(3) of the Karnataka Lokayukta Act, 1984 Rs. 7500 and Rs. 6000 are being paid respectively to Karnataka Lokayukta and Upa-Lokayukta. The Government of India has enhanced the pay of the Chief Justices of the Supreme Court, High Court and the Judges. It was under the consideration of the Government for a long time to enhance the pay of the Lokayukta and Upa-lokayukta to that of the Chief Justice of High Court and the Judge of High Court. As the matter was pending the Government has issued the Karnataka Lokayukta (Amendment) Ordinance, 1991. The Bill seeks to replace the said Ordinance. (Obtained from L.A. Bill No. 23 of 1991) VI Amending Act 25 of 2010.- It is considered necessary to make the following amendments to the Karnataka Lokayukta Act, 1984 to enable the Karnataka Lokayukta to function more effectively, namely:- (i) to include the Chief Secretary, Additional Chief Secretary, Principal Secretary and Secretary-II to Government within the meaning of the word “Secretary”; (ii) to confer upon the Lokayukta the suo-motu power to hold investigation on recording his opinion, into the action taken by the public servants whose fixed pay, salary or remuneration of more than twenty thousand per month except the Chief Minister, Ministers, Members of the State Legislature and the persons nominated by the State Government to the Boards, Corporations, Government companies, Co-operative Societies and societies as Chairman, Vice-Chairman or member; (iii) to enable the Lokayukta to discharge the functions of the Upalokayukta when the office of the Upalokayukta is vacant and similarly to enable the Upalokayukta to discharge the functions of the Lokayukta when the office of the Lokayukta is vacant; (iv) to enable the legal heirs of an aggrieved person to file a complaint or to pursue the complaint already made; (v) it is laid down that the Lokayukta and the Upalokayukta can utilize the services of any other Agency. This means any person also. However, in the interest of clarity the amendment is proposed to the effect that the Lokayuktha and the Upalokayuktha can utilize the services of any person also. Hence, the Bill. [L.A.Bill No.25 of 2010, File No.DPAL 30 Shasana 2010] [Entry 41 of List II of the Seventh Schedule to the Constitution of India.] 4 VII Amending Act 35 of 2015.- It is considered necessary to make the following amendments to the Karnataka Lokayukta Act, 1984, in view of the recent developments in the Lokayukta organization, and,-

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