Meghalaya Lokayukta Act, 2014
No: 4 Dated: Mar, 27 2014
THE MEGHALAYA LOKAYUKTA ACT, 2014
ACT NO. 4 OF 2014
An Act to provide for the establishment of a body of Lokayukta for the State of Meghalaya to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-fifth Year of the Republic of India as follows.
CHAPTER I
PRELIMINARRY
1. Short title, extent, application and commencement:- (1) This Act may be called the Lokayukta Act, 2014.
(2) It extends to the whole of Meghalaya.
(3) It shall apply to public servant.
(4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- (1) In this Part unless the context otherwise requires,—
(a) “Act” means the Meghalaya Lokayukta Act, 2014;
(b) "Bench" means a Bench of the Lokayukta;
(c) "Chairperson" means the Chairperson of the Lokayukta;
(d) "competent authority", in relation to –
(i) the Chief Minister, means the Legislative Assembly of the State;
(ii) a member of the Council of Ministers, means the Chief Minister;
(iii) a member of State Legislature other than a Minister means the Speaker of that House;
(iv) an officer in the Department of the State Government means the Minister-in-charge of the Department under which such officer is serving;
(v) a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the Minister in charge of the administrative Department of such body, or Board or corporation or authority or company or society or autonomous body;
(vi) an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body;
(vii) in any other case not falling under sub-clauses (i) to (vi) above, means such department or authority as the State Government may, by notification, specify: Provided that if any person referred to in subclause (v) or sub-clause (vi) is also a Member of the State Legislature, then the competent authority shall be the Speaker of the Legislative Assembly;
(e) “Governor” means the Governor of Meghalaya;
(f) “High Court” means the High Court of Meghalaya;
(g) "investigation" means an investigation defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;
(h) "Judicial Member" means a Judicial Member of the Lokayukta appointed as such;
(i) “Legislature or State Legislature” means the Legislature of the State of Meghalaya and Assembly shall be construed accordingly;
(j) "Lokayukta" means the body established under section 3;
(j) "Member" means a Member of the Lokayukta;
(k) "Minister" means Minister of a State Government but does not include the Chief Minister;
(l) "preliminary inquiry" means an inquiry conducted under this Act by the Lokayukta;
(m) “prescribed” means prescribed by rules made under this Act;
(n)“public servant” means a person referred to in clause (a) to (h) of sub-section (1) of Section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978 or the procedure is applicable to such public servant under those Acts; and
(o) “State Government or Government” means the Government of the State of Meghalaya.
(2) The words and expressions used herein and not defined in this Part but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in the said Acts.