Chhattisgarh Lok Aayog Adhiniyam, 2002
No: 30 Dated: Nov, 02 2002
Chhattisgarh Lok Aayog Adhiniyam, 2002
C.G. Act No. 30 of 2002
An Act to make provisions for the appointment and functions of certain authorities for the inquiry into specific information of misconduct or complaint against certain public servants and for the matters connected therewith.
Be it enacted by the Chhattisgarh Legislative Assembly in the Fifty-third Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Adhiniyam may be called the Chhattisgarh Lok Aayog Adhiniyam, 2002.
(2) It extends to the whole State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Chhattisgarh Gazette.
2. Definitions. - Unless the context otherwise requires, in this Adhiniyam,-
(a) "Action" means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions relating to such action shall be construed accordingly;
(b) "competent authority", means,-
(i) in the case of a Minister other than the Chief Minister, the Chief Minister of Chhattisgarh;
(ii) in the case of the Chief Minister or a Member of the State Legislature, the Governor of Chhattisgarh;
(iii) in the case of an officer of the All India Services, the Chief Minister;
(iv) in the case of a Government servant, other than a member of the All India Services, the appointing authority of such Government servant;
(v) in the case of any other public servant, such authority as may be prescribed by the Government;
(c) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code (Central Act No. 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act No 49 of 1988);
(d) "Government servant" means a person who is a member of the All India Services allocated under the All India Services Rules to the State of Chhattisgarh or a person who is a member of the civil services of the State of Chhattisgarh or who holds a civil post or is serving in connection with the affairs of the State of Chhattisgarh, and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person whether incorporated or not, and also any persons in the service of a Local or other Authority in Chhattisgarh;
(e) "Local Authority" means and includes a Panchayat at the Village, Janpad or District levels constituted under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (Act No. 1 of 1994), a Municipal Corporation constituted under the Chhattisgarh Nagar Palik Nigam Adhiniyam, 1956 (Act No. 23 of 1956), a Nagar Panchayat or a Nagar Palika constituted under the Chhattisgarh Nagar Palika Adhiniyam, 1961 (Act No. 37 of 1961), and any other area development authority by whatever name called, constituted under an Act of the Chhattisgarh Legislative Assembly;
(f) "Lok Aayog" means the Commission constituted under sub-section (1) of Section 3 of this Adhiniyam;
(g) "Minister" means a member of the Council of Ministers for the State of Chhattisgarh, by whatever name called, that is to say the Chief Minister, a Minister, Minister of State, Deputy Minister, Parliamentary Secretary, or any office equated in status to that of a Minister;
(h) "misconduct" by a public servant means and includes that such public servant,-
(i) has abused his position as such public servant 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) has actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives;
(iii) has indulged in corruption, undue favour, nepotism or lack of integrity in his capacity as such public servant;
(iv) is in possession of pecuniary resources or property disproportionate to his known sources of income and such pecuniary resources or property is held by public servant personally or by any member of his family or by any other person on his behalf;
(i) "Public servant" shall mean and include a person who is-
(i) the Chief Minister;
(ii) a Minister;
(iii) a Member of the Legislative Assembly of the State of Chhattisgarh;
(iv) a Government servant;
(v) the Chairperson and the Vice-Chairperson (by whatever name called), or a member of a local authority in the State or a statutory body or Corporation established by or under any law of the State Legislature including a co-operative society, or a Government company within the meaning of Section 617 of the Companies Act, 1956 (Central Act No. 1 of 1956) and such other Corporations or Boards, as the Government may, having regard to its financial interests, in such Corporations or Board by notification, from time to time, specify;
(vi) a member of a Committee or Board or Authority or Corporation, statutory or non-statutory, constituted by the Government of Chhattisgarh;
(vii) a person in the service or pay of-
(aa) a local authority in the State;
(bb) a statutory body or a Corporation (not being a local authority) established by or under a State or a Central Act, owned or controlled by the Government of Chhattisgarh and any other Board or Corporation as the Government may, having regard to its financial interest therein, notify from time to time;
(cc) a company registered under the Companies Act, 1956 (Central Act No. 1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the State Government of Chhattisgarh or any company which is a subsidiary of such company;
(dd) a society registered or deemed to have been registered under the relevant Act of the State Legislature and subject to the control of the Government of Chhattisgarh;
(ee) a co-operative society;
(ff) a University created or deemed to have been created, under the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (Act No. 22 of 1973);
(j) "Secretary of the Lok Aayog" means a person appointed and so designated to serve as an officer authorised to enter into communication or correspondence on behalf of the Lok Aayog with other persons or bodies.