Bare ActsThe UTTARAKHAND LOKAYUKTA ACT, 2014

Section 9

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

(1) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. Secretary, other officers and staff of Lokayukta. 10.(1) There shall be a Secretary to the Lokayukta in the rank of Principal Secretary of higher judicial service, who shall be appointed by the Chairperson with the consent of Sate Government from a panel of names sent by the High Court. (2) There shall be a Director of Inquiry and a Director of Prosecution not below the rank of the Secretary to the State Government or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the State Government. (3) The appointment of officers and other staff of the Lokayukta shall be made by the Chairperson or such Member or officer of Lokayukta as the Chairperson may direct: Provided that the Governor may by rule require that the 58 appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the State Public Service Commission. (4) Subject to the provisions of any law made by Legislative Assembly, the conditions of service of secretary and other officers and staff of the Lokayukta shall be such as may be specified by regulations made by the Lokayukta for the purpose: Provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances leave or pensions, require the approval of the Governor. Inquiry Wing. CHAPTER III INQUIRY WING 11.(1) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988: Provided that till such time the Inquiry Wing is constituted by the Lokayukta , the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta , for conducting preliminary inquiries under this Act. (2) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry under this Act, the officers of the Inquiry Wing not below the rank of the Deputy Secretary to the State Government, shall have the same powers as are conferred upon the Inquiry Wing of the Lokayukta under section 27. PROSECUT ION WING CHAPTER IV PROSECUTION WING 12.(1) The Lokayukta shall, by notification, constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint by the Lokayukta under this Act: 59 Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta, for conducting prosecution under this Act: (2) The Director of Prosecution shall, after having been so directed by the Lokayukta, file a case in accordance with the findings of investigation report, before the Special Court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988. (3) The case under sub-section (2), shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the Code of Criminal Procedure, 1973. Expenses of Lokayukta to be charged on Consolidate d Fund of State. CHAPTER V EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF STATE

Section 9 – The UTTARAKHAND LOKAYUKTA ACT, 2014 | DailyLaw.ai