Delhi Lokayukta and Upalokayukta Act, 1995
No: 1 Dated: Sep, 22 1997
Delhi Lokayukta and Upalokayukta Act, 1995
(Delhi Act No. 1 of 1996)
An Act To make provision for the establishment and functioning of the Institution of Lokayukta to inquire into the allegations against public functionaries in the National Capital Territory of Delhi and for matters connected therewith.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-sixth year of the Republic of India as follows: -
1. Short title, extent and commencement. - (1) This Act may be called the Delhi Lokayukta and Upalokayukta Act, 1995.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Government may, by notifications in the official Gazette, appoint.
2. Definition. - In this Act, unless the context otherwise requires -
(a) "action" means action by way of prosecution or otherwise taken on the report of the Lokayukta or the Upalokayukta and includes failure to act: and all other expressions connoting such action shall be construed accordingly;
(b) "allegation" in relation to a public functionary means by affirmation that such public functionary in capacity as such -
(i) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public functionaries or the class to which he belongs;
(ii) has abused or misused his position to obtain any gain or favour to himself or to any other person or to cause loss or undue harm or hardship to any other person;
(iii) was actuated in the discharge of his functions as such public functionary by improper or corrupt motives or personal interest;
(iv) is or has at any time during the period of his office been in possession of pecuniary resources or property disproportionate to his known resources of income whether such pecuniary resources or property are held by the public functionary personally or by any member of his family or by some other person on his behalf;
Explanation. - For the purpose of this sub-clause "family" means husband, wife, sons and unmarried daughters living jointly with him;
(c) "Chief Minister" means the Chief Minister of Delhi appointed under clause (5) of Article 239 AA of the Constitution;
(d) "competent authority" in relation to a public functionary means-
(A) in the case of -
(i) Chief Minister and Minister, the President;
(ii) A Member of the Legislative Assembly, the Lieutenant Governor, or during the period of operation of the order made under Article 239 AB of the Constitution, the President.
(B) in the case of any other public functionary, such authority as may be prescribed;
(e) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988;
(f) "Delhi" means the National Capital Territory of Delhi;
(g) "Government" means the Government of the National Capital Territory of Delhi;
(h) "Legislative Assembly" means the Legislative Assembly of the National Capital Territory of Delhi;
(i) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;
(j) "Lokayukta" means the person appointed as the Lokayukta under Section 3;
(k) "Minister" means a Member (other than the Chief Minister) of the Council of Ministers appointed under clause (5) of Article 239 of the Constitution;
(l) "Prescribed" means prescribed under the rules made under this Act;
(m) "public functionary" means a person who is or has been at any time-
(i) the Chief Minister or a Minister;
(ii) a Member of Legislative Assembly;
(iii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly;
(iv) a Chairman, Vice-Chairman or Managing Director or a Member of a Board of Directors (by Whatever name they be called) in respect of -
(1) an Apex Co-operative Society or any Co-operative Society constituted or registered under the Delhi Co-operative Societies Act, 1972, which is subject to the control of the Government;
(2) a Government Company within the meaning of section 617 of the Companies Act, 1956, engaged in connection with the affairs, and is under the control of the Government;
(3) a Local Authority established under any law in relation to Delhi;
provided that the provisions of this Act shall not be applicable to any authority of a Local Authority constituted under an enactment relatable to Entry No.18 of the State List of the Seventh Schedule of the Constitution;
(4) a Corporation engaged in connection with the affairs, and under the control, of the Government;
(5) any Commission or body set up by the Government which is owned and controlled by it;
(v) a Member of the Municipal Corporation of Delhi as defined in clause 2(27) of the Municipal Corporation Act, 1957 (as amended in 1993);
(n) "rule" means a rule made under this Act;
(o) "Upalokayukta" means a person appointed as an Upalokayukta under section 3.