Jammu and Kashmir Accountability Commission Act, 2002

No: 28 Dated: Dec, 16 2002

THE JAMMU AND KASHMIR ACCOUNTABILITY COMMISSION ACT, 2002

Act No. XXXVIII of 2002

    An Act to provide for the establishment of the Institution of Accountability Commission to inquire into grievances and allegations against public functionaries and for matters connected therewith.

Be it enacted by the State Legislature in the Fifty-third Year of the Republic of India as follows:

1. Short title, extent and commencement — (1) This Act may be called the Jammu and Kashmir Accountability Commission Act, 2002.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions — In this Act, unless the context otherwise requires:

(1) "Accountability Commission" means the institution established under section 3;

(2) "action" means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions connoting action shall be construed accordingly;

(3) "allegations" in relation to a public functionary includes any affirmation that such public functionary in his capacity as such

(a) is guilty of corruption, favouritism, nepotism or lack of integrity;

(b) was actuated in the discharge of his functions by personal interest or improper or corrupt motive;

(c) has abused or misused his position to obtain any gain or favour to himself or to any other person to cause loss or undue harm or hardship to any other person;

(d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public, functionaries of the class to which he belongs; or

(e) or any person on his behalf is in possession or has at any time during the period of his office been in possession, for which the public functionary cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.

(4) "Chairperson" means the Chairperson of the Accountability Commission appointed under clause (a) of sub-section (2) of section 3;

(5) "Chief Minister" means the Chief Minister of the State;

(6) "Competent Authority" in relation to a public functionary means the Governor of the State.

(7) "corruption", includes anything made punishable as such under Chapter IX of the Jammu and Kashmir State Ranbir Penal Code, Samvat 1989, or under the Jammu and Kashmir Prevention of Corruption Act, Samvat 2006 or any other Law in force;

(8) "Governor" means the Governor of the State;

(11) "Member" means a member of the Accountability Commission appointed under clause (b) of sub-section (2) of section 3;

(12) "Minister" means a member (other than the Chief Minister) of the Council of Ministers and includes a Deputy Chief Minister, a Minister, a Minister of State and a Deputy Minister or Advisor to Government/Chief Minister.;

(13) "Notification" means a notification published in the Government Gazette and the expression "notified" shall be construed accordingly;

(15) "prescribed" means prescribed by rules made under this Act;

(16) "Public functionary" means a person who is or was at any time —

(i) the Chief Minister or a Minister;

(ii) the Speaker or Deputy Speaker of the State Legislative Assembly;

(iii) the Chairman or Deputy Chairman of the State Legislative Council;

(iv) a Member of the State Legislature;

(v) Advisor to Governor;

(vi) Advisor including the Political Advisor to Chief Minister or the Government;

(vii) given the status of a Minister or Minister of State by the Government in connection with the discharge of his official functions;

(viii) appointed by the Government as Chairman (other than a Government servant) of any statutory corporation or autonomous board.

Explanation: - For purposes of this clause the term "Minister" includes a Minister of State and a Deputy Minister.

(17) "State" means the State of Jammu and Kashmir.