The UTTARAKHAND LOKAYUKTA ACT, 2014
uttarakhand · 2014
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- S. 1(1) This Act may be called the Uttarakhand Lokayukta Act, 2014
- S. 2Section 2 defines key terms used in the Uttarakhand Lokayukta Act, 2014, including "Bench," "Chairperson," and "Competent authority."
- S. 3(1) for the purpose of this Act, there shall be established, a body to be called the "Lokayukta"
- S. 4Section 4 outlines the appointment process for the Chairperson and Members of the Lokayukta by the Governor, based on recommendations from a Selection Committee.
- S. 5Section mandates the Governor to initiate appointments for new Chairperson and Members three months before their current terms end.
- S. 6Section 6 details the appointment, term, resignation, and removal of the Chairperson and Members of the Uttarakhand Lokayukta.
- S. 7Section 7 of the Uttarakhand Lokayukta Act, 2014 sets the salary and service conditions for the Chairperson and Members of the Lokayukta, with pension adjustments and post-termination employment restrictions.
- S. 8Restriction on employment by Chairperson and Members after ceasing to hold office
- S. 9Section 9 details the temporary appointment of a senior member to act as Chairperson of the Lokayukta in case of vacancy or absence.
- S. 10Secretary, other officers and staff of Lokayukta
- S. 11Inquiry Wing
- S. 12Prosecution Wing
- S. 13Section 13 of the Uttarakhand Lokayukta Act, 2014 funds the Lokayukta's administrative expenses from the Consolidated Fund of State.
- S. 14Section 14 grants Lokayukta jurisdiction over corruption investigations involving state officials and ministers.
- S. 15Section 15 continues pending corruption cases under the Prevention of Corruption Act before existing courts or authorities.
- S. 16Section 16 details the formation, composition, and powers of benches under the Lokayukta, including presiding officers and case transfers.
- S. 17Distribution of business amongst Benches
- S. 18Section 18 allows the Chairperson to transfer pending cases between benches upon application, after hearing both parties.
- S. 19Section 19 details the procedure for resolving disagreements among Lokayukta members, directing the Chairperson to decide differing opinions.
- S. 20Provisions relating to complaints and preliminary inquiry and investigation
- S. 21Section 21 ensures the Lokayukta can investigate others and must provide a fair hearing to defend reputations.
- S. 22Section 22 empowers the Lokayukta to request information or documents from public servants for preliminary inquiries, and Section 23 grants the Lokayukta exclusive authority to initiate prosecution against public servants.
- S. 23The power of lokayukta to sanction of prosecution
- S. 24Section 24 allows the Lokayukta to file a corruption case in a Special Court if investigations reveal offenses under the Prevention of Corruption Act.
- S. 25(1) The Lokayukta shall, notwithstanding anything have the powers of superintendence and direction, as prescribed
- S. 26Section 26 grants the Lokayukta powers to authorize searches and retain documents for investigations under the Uttarakhand Lokayukta Act, 2014.
- S. 27Lokayukta to have powers of civil court in certain cases
- S. 28Power of Lokayukta to utilize services of officers of State Government
- S. 29Provisional attachment of assets
- S. 30Section 30 outlines the process for confirming and confiscating assets of public servants found guilty of corruption.
- S. 31Section 31 authorizes the Special Court to confiscate assets linked to corruption by a public servant until their acquittal.
- S. 32Section 32 empowers the Lokayukta to recommend the transfer or suspension of public servants implicated in corruption.
- S. 33Section empowers Lokayukta to direct public servants to safeguard documents, prevent document tampering, and stop asset transfers from corrupt means.
- S. 34Section 34 allows the Lokayukta to delegate administrative or financial powers to specific members or staff, and mandates state government notification of special courts.
- S. 35Section 35 establishes special courts to expedite corruption cases, aiming for trial completion within two years.
- S. 36Section 36 allows a Special Court to request evidence from another state's court or authority for investigations under the Uttarakhand Lokayukta Act.
- S. 37(1) The Lokayukta shall not inquire into any complaint made against the Chairperson or any Member
- S. 38Section 38 mandates Lokayukta to investigate complaints against its officials within 30 days and suspend or remove them if necessary during the inquiry.
- S. 39Section allows Special Court to assess and recover quantifiable losses caused by corrupt public servants from them and beneficiaries involved in conspiracy.
- S. 40Section 40 mandates the Lokayukta to prepare and submit its budget to the State Government for information.
- S. 41Section 41 authorizes the State Government to provide financial support to the Lokayukta for salaries, allowances, and administrative expenses.
- S. 42Annual statement of accounts
- S. 43Section 43 mandates the Lokayukta to provide the State Government with required returns and statements on matters under its jurisdiction.
- S. 44(1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under t
- S. 45Section presumes undisclosed or misleading public servant assets as corrupt unless proven otherwise, with possible exemption for minor assets.
- S. 46Section 46 penalizes false, frivolous, or vexatious complaints under the Uttarakhand Lokayukta Act with imprisonment and fine, with special court jurisdiction and prosecution by public prosecutor.
- S. 47False complaint made by society or association of persons or trust
- S. 48Section mandates Lokayukta to annually report to Governor, who must present it to Legislative Assembly, and Lokayukta acts as appellate authority for other laws.
- S. 49Section 49 establishes the Lokayukta as the final appellate authority for appeals involving corruption findings in public service decisions.
- S. 50Section 50 protects public servants from legal actions for actions done in good faith while performing official duties.
- S. 51Section 51 protects Lokayukta officials and others from legal action for actions done in good faith under the Act.
- S. 52Section 52 deems Lokayukta officials acting under this Act as public servants under the Indian Penal Code.
- S. 53Section 53 bars the Lokayukta from investigating complaints older than seven years.
- S. 54Section 54 specifies that civil courts cannot hear cases assigned to the Lokayukta under this Act.
- S. 55The Lokayukta provides legal assistance to individuals against whom complaints are made, if requested.
- S. 56Section 56 ensures the Uttarakhand Lok Ayukta Act overrides any conflicting laws or instruments.
- S. 57The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force
- S. 58Power to make rules
- S. 59Section 59 empowers the Lokayukta to create regulations to implement the Act, including staff conditions, website disclosures, and investigation procedures.
- S. 60Section 60 mandates rules made under the Act to be presented to the Legislative Assembly for potential modification or annulment.
- S. 61Power to remove difficulties
- S. 62Saving and Repeals 50 THE UTTARAKHAND LOKAYUKTA ACT, 2014 [Uttrakhand Act no