Uttarakhand Lokayukta Act, 2014
No: 6 Dated: Feb, 26 2014
THE UTTARAKHAND LOKAYUKTA ACT, 2014
[Uttrakhand Act no. 06 of 2014]
An Act to provide for the establishment of a body of Uttarakhand Lokayukta to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
NOW, THEREFORE,
it is BE it enacted by legislative Assembly in the Sixty-fifth Year of the Republic of India as follows:—
PART I
PRELIMINARY
1. Short title, extent, application and commencement:- (1) This Act may be called the Uttarakhand Lokayukta Act, 2014.
(2) It extends to the whole of Uttarakhand State.
(3) {For the purpose of preparation, the provision of the Act shall come into force at once and the Act shall come into force from the date of appointment of the lokayukta.}
PART II
LOKAYUKTA FOR THE STATE OF UTTARAKHAND
CHAPTER I
DEFINITIONS
2. (1) In this Act, unless the context otherwise requires,—
(a) "Bench" means a bench of the Lokayukta ;
(b) "Chairperson" means the chairperson of the Lokayukta ;
(c) "Competent authority", in relation to—
(i) the Chief Minister, means the Legislative Assembly;
(ii) a member of the Council of Ministers, means the Chief Minister;
(iii) a member of Legislative Assembly, other than a Minister, means the Chairman of the Legislative Assembly;
(iv) an officer of the State Government, means the Appointing Authority;
(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 any Act of Legislative Assembly or wholly or partly financed by the State Government or controlled by it, means the Minister in charge of the administrative Ministry 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 any Act of Legislative Assembly 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 sub-clause (v) or subclause (vi) is also a Member of Legislative Assembly, then, the competent authority shall be the speaker of the Legislative Assembly —
(d) "State Vigilance Commission" means to be constituted the State Vigilance Commission;
(e) "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;
(f) "investigation" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;
(g) "Judicial Member" means a Judicial Member of the Lokayukta ;
(h) "Lokayukta" means the body established under section 3;
(i) "Member" means a Member of the Lokayukta ;
(j) "Minister" means a State Minister but does not include the Chief Minister;
(k) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(l) "preliminary inquiry" means an inquiry conducted under this Act;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "public servant" means a person referred to in clauses (a) to (h) of subsection (1) of section 14:
(o) "regulations" means regulations made under this Act;
(p) "rules" means rules made under this Act;
(q) "Special Court" means the court of a Special Judge appointed under subsection (1) of section 3 of the Prevention of Corruption Act, 1988