Bare ActsThe UTTARAKHAND LOKAYUKTA ACT, 2014

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, Members or Secretary or other officers or staff of the Lokayukta , shall be charged upon the Consolidated Fund of State and any fees or other moneys taken by the Lokayukta shall form part of that Fund. Jurisdiction of Lokayukta to include Chief Minister, Ministers, Members of legislative Assembly, Group A, Group B, Group C and Group CHAPTER VI JURISDICTION IN RESPECT OF INQUIRY 14.(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:— (a) any person who is or has been a Chief Minister: Provided that the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Chief Minister,— (i) unless a full bench of the Lokayukta consisting of its Chairperson 60 D officers and officials of State Governmen t and all Members considers the initiation of inquiry and at least four member approves of such inquiry: Provided further that any such inquiry shall be conducted in camera and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or shall not available to anyone; (b) any person who is or has been a Minister of the State; (c) any person who is or has been a Member of Legislative Assembly; (d) any Group 'A' or Group 'B' officer or equivalent or Higher Officer, from amongst the public servants defined 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; (e) any Group 'C' or Group 'D' Official or equivalent officials from amongst the public servants defined 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 subject to the provision of sub-section (1) of section 20; (f) such any person who is or has been a chairperson or member or officer or employee in any body or Board or corporation or authority or company or society or trust or autonomous body (whether by whatever name called) established by an Act by the legislative Assembly or wholly or partly financed by the State Government or controlled by it: (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 State Government and the annual income of which exceeds such amount as the State 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 61 (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 State 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 State Government may, by notification, specify. Explanation.—For the purpose of clauses (e) and (f), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses: 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 the provisions of that Act shall apply accordingly. (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 either Legislative Assembly in respect of anything said or a vote given by him in Legislative Assembly 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 (1), 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): (4) No matter in respect of which a complaint has been made to the Lokayukta under this Act, shall be referred for inquiry under the 62 Commissions of Inquiry Act, 1952. 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. Matters pending before any court or committee or authority for inquiry before Lokayukta not to be affected

Section 13 – The UTTARAKHAND LOKAYUKTA ACT, 2014 | DailyLaw.ai