Amendment status not verified — confirm the current text below against the official source.
Staff of Lokayukt and Up-Lokayukt:- (1) The Lokayukt may appoint or authorise an Up-Lokayukt or any officer subordinate to the Lokayukt or an Up-Lokayukt to appoint officers and other employees to assist the Lokayukt and the Up-Lokayukt in the discharge of their functions under this Act. (2) The categories of officers and employees who may be appointed under sub-section (1) , their salaries , allowances and other conditions of service and the administrative powers of the Lokayukt and the Up-Lokayukt shall be such as may be prescribed, after consultation with the Lokayukt. (3) Without prejudice to the provisions of sub-section (1) the Lokayukt or an Up-Lokayukt may, for the purpose of conducting enquiries under this Act, utilize the service of :- 1(i) [Divisional Vigilance Committee] constituted under Section 13-A. (ii) any officer or investigation agency of the State or Central Government, with the concurrence of that Government, or (iii) any other person or agency. (4) The services of officers and employees, other than those appointed by the Lokayukt under sub-section (1) shall not be taken back before the expiry of the period of deputation by the concerned department without prior concurrence of the Lokayukt. 213-A 3[Divisional Vigilance Committee] (1) The State Government may, by notification in the official Gazette constitute a 4[Divisional Vigilance Committee] for each division consisting of three members out of whom one shall be retired Judicial Officer not below the rank of a Civil Judge Class-I or a retired executive officer having experience of court’s working not below the rank of a class-I Officer of the State Government. 1 Substituted for the words "District Vigilance Committee" vide Amendment Act No. 24 of 2003. 2 Section 13-A inserted vide Amendment Act No. 20 of 1994. Section 13-A (1) substituted vide Amendment No. 2 of 1995. Before Substitution 13-A (1) stood as under :- 13-A (1) The State Government may, by notification in the Official Gazette constitute a District Vigilance Committee for each District consisting of the following three members :- (a) Two non-official members and (b) A retired Judicial Officer not below the rank of a Civil Judge Class – I or a retired Gazetted Officer of the State Government. .3 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 4 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. (2) One of the members shall be the Chairperson of the committee. The Chairperson and the members shall be appointed by the State Government 1[on the recommendation of] Lokayukt. (3) 2 Every member of the 3[Divisional Vigilance Committee shall hold office for a term of 3 years and shall be eligible for re-appointment for another term not exceeding three years. However no member shall hold office as such after he has attained the age of 70 years: Provided that the Chairperson or a member may resign his office before expiry of his term by sending a letter to the Lokayukt: Provided further that the chairperson or a member may be removed by State Government, on grounds of misconduct of physical or mental incapacity for discharging duties of the office, on the recommendations of the Lokayukt. (3-A) The minimum age for appointment as a member shall be thirty five years.] (4) The State Government may authorise a 4[Divisional Vigilance Committee] to have jurisdiction over another division also for which no separate Committee is constituted. (5) A 5[Divisional Vigilance Committee] shall enquire into a complaint referred to it by the Lokayukt or the Up-Lokayukt and submit a report to the Lokayukt or the Up-Lokayukt, as the case may be. (6) In holding the enquiry, the Committee shall ensure that the principles of natural justice are observed. The Committee shall have the powers under the Code of Criminal Procedure, 1973 (2 of 1974) in respect of the following matters:- (a) Summoning and enforcing the attendance of any person and his examination on oath. (b) Requiring the discovery and production of documents and proof thereof. (c) Receiving evidence on affidavits. (d) Requisitioning any public record or copy thereof from any court or office. (e) Issuing commission for examination of witness or documents and such other matters as may be prescribed. 1 The words “ On recommendation of” Substituted for the words “in Consultation with” vide Amendment Act No.2 of 1995. 2 Substituted for sub-section (3) of Section 13-A vide M.P .Amendment Act 25 of 1998 Published in the Rajpatra on 31.8.1998. "(3) Every member of the District Vigilance Committee shall hold office for a term of 3 years or upto the age of 70 years, whichever is earlier. However, the minimum age for appointment as a member shall be thirty five years. Provided further that the Chairperson or a member can resign his office before expiry of the term by sending letter to the Lokayukt. Provided further that the Chairperson or a member may be removed by the State Government on the ground of misconduct on the recommendation of the Lokayukt. 3 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 4 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 5 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. (7) Subject to foregoing provisions the procedure relating to conduct of meetings of the Committee, its place of sitting and other allied matters, shall be such as may be prescribed by the State Government in consultation with the Lokayukt. (8) The Committee shall discharge the functions under the administrative control of the Lokayukt who may issue such general or special directions as he may think fit for smooth and efficient functioning of the committees.