Assam Lokayukta and Upa-Lokayuktas Act, 1985
No: 20 Dated: Dec, 31 1986
Amendment:- Assam Lokayukta and Upa-Lokayuktas (Amendment) Act, 1987
THE ASSAM LOKAYUKTA AND UPA-LOKAYUKTAS ACT, 1985
(Assam Act No. XX of 1986)
An Act to make provisions for appointment and functions of Lokayukta and Upa-Lokayuktas in Assam.
Whereas in is expedient to make provisions for the appointment of Lokayukta and Upa-Lokayuktas in Assam for the investigation of grievances and allegations against Ministers, Legislators and other public servants in certain cases and for matters connected therewith.
It is hereby enacted in the Thirty-sixth Year of the Republic of India as follows:
1. Short title, extent and commencement:- (1) This Act may be called the Assam Lokayukta and Upa Lokayuktas Act, 1985.
(2) It extends to the whole of the State of Assam and applies also to the public servants posted outside Assam in connection with the affairs of the State of Assam.
(3) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires, -
(a) "action" means action taken by way of decision, recommendation or finding or in any other manner, and includes failure to act. and all other expression connoting action shall be construed accordingly;
(b) "allegation", in relation to a public servant, means any affirmation that such public servant
(i) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person ;
(ii) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motive;
(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;
(c) "competent authority", in relation to a public servant, means
(i) in the case of a Minister or Secretary or Member of the Legislative Assembly-the Chief Minister;
(ii) in the case of any other public servant -such authority as may be prescribed.
(d) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration ;
(e) "Lokayukta" and "Upa-Lokayukta" means a person appointed as an Upa-Lokayukta under S. 3;
(f) "mal-administration" means action purporting to have been taken in administrative functions in any case, taken or exercise of
(i) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay ;
(g) "Minister" means a member (other than the Chief Minister) of the Council of Ministers, by whatever name called, for the State of Assam, that is to say a Minister, a Minister of State or a Deputy Minister and also includes Chief Parliamentary Secretary and Parliamentary Secretary;
(h) "Officer" means a person appointed to a public service or post in connection with the affairs of the State of Assam;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "public servant" denotes a person falling under any of the following descriptions, and includes, subject to the provisions of sub-s.(4) of s.8, a person who at any time in the post fell under any of the following descriptions, namely:
(i) every Minister referred to in Clause (g):
(ii) every member of the Legislative Assembly of the State of Assam not being the Chief Minister or Minister referred to in Clause (g);
(iii) every officer referred to in Clause (h);
(iv) Chief Executive Councilor, Deputy Chief Executive Councilor, Members and Chairman of the Mahkuma Parishad;
(v) President of the Anchalik Panchayat;
(vi) President and Secretary of the Gaon Panchayat;
(vii) Chairman/Vice Chairman/and Ward Commissioners of Municipal Board or Town Committee;
(vii) Mayor, Deputy Mayor/and Councilors of a Municipal Corporation;
(ix) Chief Executive Member, the Executive Members, the Chairman and the members of the Autonomous District Councils and Regional Councils established under the Sixth Schedule to the Constitution of India and their employees;
(x) a non-official Chairman including every office bearer of that description by whatever name called or the Managing Director of a district level central society or of an apex society registered under any law relating to Co-operative Societies for the time being in force;
Explanation:- In this sub-clause, "central society" means a co-operative society, which includes in its membership other co-operative societies, and "apex society" means a State level central society;
(xi) every person in the service or pay of,
(a) any local authority in the State of Assam which is notified by the State Government in this behalf in the Official Gazette;
(b) any corporation not being a local authority established by or under an Assam or Central Act and owned or controlled by the State Government, which is notified by the State Government in this behalf in the official Gazette;
(c) any Government company within the meaning of S.617 of the Companies Act. 1956 (Central Act I of 1956), in which not less than fifty-one percent of the paid-up share capital is held by the State Government or any company, which is a subsidiary of a company in which not less than fifty-one percent of the paid-up share capital is held by the State Government in this behalf in the official Gazette;
(d) any society registered under the Societies Registration Act, 1860, which is owned or controlled by the State Government and which is notified by that Government in this behalf in the official Gazette.
(k) "Secretary" means Chief Secretary, Additional Chief Secretary, Commissioner, Secretary to the Government of Assam and includes a Special Secretary, an additional Secretary, a Joint Secretary, a Deputy Secretary, an Under-Secretary and also a special officer to the Government of Assam.