Rajasthan Lokayukta and Up-Lokayuktas Act, 1973
No: 9 Dated: Mar, 26 1973
The Rajasthan Lokayukta and Up-Lokayuktas Act, 1973
Act No. 9 of 1973
An Act to make provisions for the appointment and functions of certain authorities for the investigation of allegations against Ministers and public servants in certain cases and for matters connected therewith.
Be it enacted by the Rajasthan State Legislature in the twenty-fourth year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the The Rajasthan Lokayukta and Up-Lokayuktas Act, 1973.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on the 3rd day of February, 1973.
2. Definitions - In this Act, unless the context otherwise requires, -
(a) "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:
(b) "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 himself or to any other person or to cause undue harm or hardship to any other person,
(ii) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives, or
(iii) is guilty of corruption or lack of integrity in his capacity as such public servant:
(c) "competent authority" in relation to a public, servant, means.:-
(i) in the case of Minister or Secretary The Chief Minister
(ii) in the case of any other public servant Such authority as may be prescribed:
(d) "Lokayukta" means a person appointed as the Lokayukta under section 3.[and shall also include a person nominated under clause (c) of Sub-section (2) of section 5]:
(e) "Up-Lokayukta" means a person appointed as an Up-Lokayukta under section 3.
(f) "Minister" means a member (other than the Chief Minister) of the Council of Ministers, by whatever name called, for the State of Rajasthan. that is to say. a Minister, Minister of State and Deputy Minister:
(g) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Rajasthan:
(h) "prescribed" means prescribed by rules made under this Act:
(i) "public servant" denotes a person falling under any of the descriptions hereinafter following, namely:-
(i) every Minister referred to in clause (f):
(ii) every officer referred to in clause (g):
(iii) (a) every Pramukh and Up-Pramukh of a Zila Parishad, Pradhan and Up-Pradhan of a Panchayat Samiti. and Chairman of any Standing Committee, constituted by or under the Rajasthan Panchayat Samitis and Zila Parishads Act. 1959 (Rajasthan act 37 of 1959):
(b) every President and Vice-President of a Municipal Council, Chairman and Vice-Chairman of a Municipal Board and Chairman of any Committee, constituted or deemed to be constituted by or under the Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959):
(iv) every person in the service or pay of.-
(a) any local authority in the State of Rajasthan, which is notified by the State Government in this behalf in the Official Gazette,
(b) any corporation (not being local authority) established by or under a State Act and owned or controlled by the State Government:
(c) any Government company within the meaning of section 617 of the Companies Act, 1956 (Central Act 1 of 1956), in which not less than fifty-one percent of the paid-up share capital is held by the State Government or any company which is a subsidiary of a company in which not less than fifty-one percent of the paid-up share capital is held by the State Government,
(d) any society registered under the Rajasthan Societies Registration Act. 1958 (Rajasthan Act 28 of 1958), which is subject to the control of the State Government and which is notified by that Government in this behalf in the Official Gazette:
(j) "Secretary" means a Secretary to the Government of Rajasthan and includes a Special Secretary, an Additional Secretary and a Joint Secretary.