Meghalaya Lokayukta and Up-Lokayukta Act, 2000
No: 1 Dated: Feb, 22 2002
THE MEGHALAYA LOKAYUKTA AND UP-LOKAYUKTAS ACT, 2000
MEGHALAYA ACT NO. 1 OF 2002
An Act To make provisions for appointment and functions at Lokayukta an Up-Lokayukta in Meghalaya and for matter connected therewith or incidental thereto.
Whereas, it is expedient to make provisions for the appointment of Lokayuktas and Up-Lokayuktas in Meghalaya for the investigation of grievance a nd allocations against Ministers, Legislators and other public servants in certain cases and for matters connected therewith.
Be it enacted by the Legislature of the State of Meghalaya in the Fifty-first Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya Lokayukta and Up-Lokayukta Act, 2000.
(2) It extends to the whole of the State of Meghalaya and applies also to the public servants posted out side Meghalaya in connection with the affairs of the State of Meghalaya.
(3) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires:-
(a) “Act” means the Me ghalaya L okyukata an d Up Lokyukata Act, 2000;
(b) “Action” means action taken by way of decision, recommendation of finding or in any other manner and includes failure to act, and all other expression connoting action shall be constructed accordingly;
(c) “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 t o c ause undue harm or hardship to any other person;
ii) Was activated in the discharge of his functions as such public servant by personal interest or improper or corrupt motive; or
iii) Is guilty of corruption, or lack of integrity in his capacity as such public servant;
(d) “Component authority” in relation to a public servant, means-
i) In the case of Minister or Secretary or member of the L egislative Assembly the Chief Minister.
ii) In the case of any other public servant such authority as may be prescribed;
(e) “Governor” means the Governor of the State of Meghalaya.
(f) “grievance” means aclaim by a person that he substituted injustice or undue hardship in consequence of mal-administration;
(g) “Lokyukata” means a person appointed as the Lokyukata and “Up-Lokyukata” means a person appointed as an Up-Lokyukata under Section 3;
(h) “Mal-administration” means action taken or purporting to have been taken in exercise of administrative function in any case-
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 ne gligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;
(i) “Minister” means a member (other than the Chief Minister) of the Council of Ministers by whatever name called, for the State of Meghalaya, that is to say a Minister, a Minister of State or a Deputy Minister and also includes Parliamentary Secretary;
(j) “Officer” means a person appointed to a public service or post in connection with the affairs of the State of Meghalaya;
(k) “Official Gazette” means the Gazette of Meghalaya;
(l) “Prescribed” means prescribed by rules made under this Act;