CHHATTISGARH
LOK AAYOG ADHYADESH, 2002
NO. 5
OF 2002
TABLE OF CONTENTS
1.Short title
extent and commencement
4.Term of
Office of members and other conditions of service
5.Removal of
Pramukh Lokayukt and Lokayukt
6.Matters
which may be enquired into by Lok Aayog
7.Matters not
subject to inquiry
8.Provisions
relating to complaints
9.Procedure
in respect of inquiries
12.
Reports in
respect of the Chief Minister
16. Lok Aayog
to make suggestions
CHHATTISGARH
ADHYADESH
NO. 5 OF 2002
(2) It extends to
the whole state of Chhhattisgarh.
(3)
It shall come in to force from the date of its publication in the Chhattisgarh Gazette.
2. Definitions: -
Unless the context otherwise requires, in this Ordinance;
(a)
“Action” means any action including administrative action taken by way of
decision, recommendation or finding or in
any other manner and includes wilful failure or omission to act and all other expressions
relating to such action shall
be construed accordingly;
(b)
“competent authority”, means
(i)
in the case of a Minister other than the Chief Minister, the Chief Minister of
Chhattisgarh;
(ii)
in the case of the Chief Minister or a Member of the State Legislature, the Governor of
Chhattisgarh;
(iii)
in the case of an officer of the All India Services, the Chief Minister;
(iv)
in the case of a Government servant, other than a member of the All India Services, the
appointing authority of such Government servant;
(v)
in the case of any other public servant, such authority as may be prescribed by the
Government;
(c) “corruption” includes anything made
punishable under Chapter IX of the Indian Penal Code (Central Act No. 45 of 1860) or under
the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988);
(d) “Government servant” means a person
who is a member of the All India Services allocated under the All India Services Rules to
the State of Chhattisgarh or a person who is a member of the civil services of the State
of Chhattisgarh or who holds a civil post or is serving in connection with the affairs of
the State of Chhattisgarh, and includes any such person whose services are temporarily
placed at the disposal of the Government of India, the Government of another State, a
local authority or any person whether incorporated or not, and also any persons in the
service of a local or other authority in Chhattisgarh;
(e) “Local Authority” means and includes
a panchayat at the village, Janpad or District levels constituted under the Chhattisgarh
Panchayat Raj Adhiniyam, 1993 (Act No. 1 of 1994), a Municipal Corporation constituted
under the Chhattisgarh Nagar Palik Nigam Adhiniyam, 1956 (Act No. 23 of 1956), a Nagar
Panchayat or a Nagar Palika constituted under the Chhattisgarh Nagar Palika Adhiniyam,
1961 (Act No. 37 of 1961), and any other area development authority by whatever name
called, constituted under an Act of the Chhattisgarh Legislative Assembly;
(f)
“Lok Aayog” means the Commission constituted under sub section (1) of Section 3
of this Ordinance;
(g) “ Minister” means a member of the
Council of Ministers for the State of Chhattisgarh, by whatever name called, that is to
say the Chief Minister, a Minister, Minister of State, Deputy Minister, Parliamentary
Secretary, or any office equated in status to that of a Minister;
(h)
“misconduct” by a public servant means and includes that such public servant -
(i) has abused his position as such public
servant to obtain any gain or favour to himself or to any other person or to cause undue
harm or hardship to any other person,
(ii)
has actuated in the discharge of his functions as such public servant by personal interest
or improper or corrupt motives,
(iii)
has indulged in corruption, undue favour, nepotism or lack of integrity in his capacity as
such public servant,
(iv)
is in possession of pecuniary resources or property disproportionate to his known sources
of income and such pecuniary resources or property is held by public servant personally or
by any member of his family or by any other person on his behalf;
(i)
“Public Servant” shall mean and include a person who is -
(i)
the Chief Minister,
(ii)
a Minister,
(iii)
a Member of the Legislative Assembly of the State of Chhattisgarh,
(iv)
a Government servant,
(v)
the Chairperson and the Vice-Chairperson (by whatever name called), or a member of a local
authority in the State or a statutory body or Corporation established by or under any law
of the State Legislature including a co-operative society, or a Government company within
the meaning of section 617 of the Companies Act, 1956 (Central Act No. 1 of 1956) and such
other Corporations or Boards, as the Government may, having regard to its financial
interest, in such Corporations or Boards by notification, from time to time, specify,
(vi)
a member of a committee or Board or Authority or Corporation, statutory or non-statutory,
constituted by the Government of Chhattisgarh,
(vii)
a person in the service or pay of-
(aa)
a local authority in the State,
(bb)
a statutory body or a Corporation (not being a local authority) established by or under a
State or a Central Act, owned or controlled by the Government of Chhattisgarh and any
other Board or Corporation as the Government may, having regard to its financial interest
therein, notify from time to time,
(cc)
a company registered under the Companies Act, 1956 (Central Act No. 1 of 1956) in which
not less than fifty one percent of the paid up share capital is held by the State
Government of Chhattisgarh or any company which is a subsidiary of such company,
(dd)
a society registered or deemed to have been registered under the relevant Act of the State
Legislature and subject to the control of the Government of Chhattisgarh,
(ee)
a cooperative society,
(ff)
a University created or deemed to have been
created under the
Chhattisgarh Vishva
Vidyalaya Adhiniyam 1973 (Act No. 22 of
1973);
(j)
“Secretary of the Lok Aayog” means a person appointed and so designated to serve
as an officer authorized to enter into communication or correspondence on behalf of the
Lok Aayog with other persons or bodies.
3.
Constitution
of Lok Aayog:- (1) There
shall be a Lok Aayog for the purpose of conducting inquiries in accordance with the
provisions of this Ordinance.
(2)
The Lok Aayog shall consist of two members, one to be known as the Pramukh Lokayukt, and
the other as the Lokayukt.
(3)
The Pramukh Lokayukt shall be a person who has been a Judge of a High Court or has held a
judicial office higher than that of a Judge of a High Court.
(4)
The Lokayukt shall be a person with experience in administrative and quasi-judicial
matters, and shall have functioned at the level of a Secretary to the Government of India
or the Chief Secretary to any State Government in India.Provided that the Pramukh Lokayukt
shall have administrative control over the affairs of the Lok Aayog.
(5) Governor shall, by warrant under his hand and seal,
appoint the Pramukh Lokayukt and the Lokayukt, on the advice of the Chief Minister who
shall consult the Chief Justice of the High
Court of Chhattisgarh and the Speaker of the Chhattisgarh Legislative Assembly.
(6) Every person appointed as a Pramukh Lokayukt or a Lokayukt shall, before
entering upon his office, take and subscribe before the Governor, or some person appointed
in that behalf by him, an oath of affirmation in the form set out for the purpose in the
First Schedule.
(7) The Pramukh Lokayukt or the Lokayukt shall not hold any other office of trust
or profit or be connected with any political party or carry on any business or practice
any profession or hold any post in any society, including any co-operative society, trust,
or any local authority, or membership of the Legislative Assembly of any State or of the
Parliament.
4. Term of Office of members and other conditions of
service:(1) Every person appointed as a member of Lok Aayog shall hold
office for a term of five years from the date on which he enters upon his office and shall
not be eligible for re-appointment thereafter;
Provided that-
(a) he may, by writing under his hand
addressed to the Governor, resign his office and such resignation shall take effect as
soon as it is tendered;
(b) he may be removed from office in the
manner specified in Section 5 of this Ordinance.
(2) In the event of occurrence of any vacancy in the office of the Pramukh Lokayukt
or of the Lokayukt by reason of his death, resignation or removal, the remaining member
shall be notified by the Governor to be constituting the Lok Aayog and no proceedings of
the Lok Aayog shall be invalidated only on account of both members not being in office at
the time.
(3) A vacancy occurring in the office of the Pramukh Lokayukt or of the Lokayukt by
reason of his death, resignation or removal shall be filled in as soon as possible but not
later than six months from the date of occurrence of such vacancy.
(4) On ceasing to hold office, the Pramukh Lokayukt and the Lokayukt shall be
ineligible for further employment under the Government of Chhattisgarh or for any
employment under or in any cooperative society, Government company, or Corporation or
local authority in the State of Chhattisgarh.
(5) There shall be paid to the Pramukh Lokayukt and the Lokayukt such salaries as
are specified in the Second Schedule.
(6) The allowances and pension payable to, and other conditions of service of
Pramukh Lokayukt and the Lokayukt shall be such as may be prescribed :
Provided that –
(a) in prescribing the allowances and pension
payable to and other conditions of service of the Pramukh Lokayukt or the Lokayukt, regard
shall be had to the allowances and pensions payable to and other conditions of service
enjoyed by him in the last office held prior to appointment as Pramukh Lokayukt or
Lokayukt as the case may be;
(b) the allowances and pension payable to and
other conditions of service of the Pramukh Lokayukt or the Lokayukt shall not be varied to
his disadvantage after appointment under this Ordinance.
5. Removal
of Pramukh Lokayukt and Lokayukt:- (1) The Pramukh Lokayukt or the Lokayukt
shall not be removed from his office except by an order of the Governor passed after an
address by the Chhattisgarh Legislative Assembly supported by a majority of the total
membership of the Legislative Assembly and by a majority of not less than two-thirds of
the members thereof present and voting, has been presented to the Governor in the same
session for such removal on the ground of proven misbehaviour or incapacity.
(2) The procedure for the presentation of an address and for the inquiry and proof,
of the misbehaviour or incapacity of the Pramukh Lokayukt and Lokayukt under sub-section
(1) shall be as provided in the Judges (Inquiry) Act, 1968 (Act No. 51 of 1968), in
relation to the removal of a Judge and accordingly, the provisions of this Ordinance
shall, subject to necessary modifications apply in relation to the removal of Pramukh
Lokayukt and Lokayukt as they apply in relation to the removal of a Judge.
6. Matters that may be enquired into by Lok Aayog:- Subject to the provisions of this
Ordinance, upon receiving specific information of misconduct or a complaint against the
Chief Minister, a Minister or any other public servant, the Lok Aayog may proceed to
inquire into the matter contained therein.
7. Matters not
subject to inquiry:- (1) Except hereinafter provided, Lok Aayog shall not
conduct any inquiry under this Ordinance in the case of complaint in respect of any action
if such action relates to any matter specified in the Third Schedule;
(2) Lok Aayog
shall not inquire into any action :-
(a) in respect of which a formal and public
inquiry has been ordered under the Public Servants ( Inquiries) Act, 1950 (Act No. 37 of
1950); or
(b) in respect of a matter which has been
referred for enquiry under the Commissions of Inquiry Act, 1952 (Act No. 60 of 1952).
(3) Lok Aayog shall not inquire into any complaint :-
(a) if it is made after the expiry of twelve
months from the date on which the action complained against becomes known to the
complainant;
(b) if it is made after the expiry of five
years from the date on which the action complained against is alleged to have taken place
:
Provided that Lok Aayog may entertain a complaint referred to in clause (a), if the
complainant satisfies it that he had sufficient cause for not making the complaint within
the period specified in that clause.
(4) Nothing in this Ordinance shall be construed as empowering the Lok Aayog to
question any administrative action involving the exercise of a discretion, except where it
is satisfied that the elements involved in the exercise of the discretion are absent to
such an extent that the discretion can not be regarded as having been properly exercised.
8. Provisions relating to complaints:- (1)
Every complaint involving a misconduct shall be made in such form as may be prescribed and
shall be accompanied by a deposit of two hundred and fifty rupees, and the complainant
shall swear in affidavit in such form as may be prescribed before a member or any officer
authorized by the Lok Aayog in this behalf.
(2) Notwithstanding anything contained in this Ordinance, every person who wilfully
or maliciously makes any false complaint under this Ordinance shall, on conviction, be
punished with rigorous imprisonment which may extend to two years or with fine which may
extend to ten thousand rupees or with both and the court may order that out of the amount
of fine, such sum as it may deem fit be paid by way of compensation to the person against
whom such complaint was made.
Provided that no court shall take cognisance of an offence punishable under this
Section except on a complaint made by or under the authority of the Lok Aayog.
Provided further that, the complaint made under the signature of the Secretary and
seal of the Lok Aayog shall be sufficient as the authority of the Lok Aayog, and the
evidence of members of the Lok Aayog shall not be necessary for the purpose.
9. Procedure
in respect of inquiries:- The Lok Aayog shall in cases to be conducted
before it decide the procedure to be followed for making the inquiry, and in so doing
ensure that the principles of natural justice are satisfied.
10. Evidence:-
(1) Subject to the provisions of this Section, for the purpose of any inquiry under this
Ordinance, including a preliminary inquiry, if any, the Lok Aayog may require any public
servant or any other person who in its opinion is able to furnish information or produce
documents relevant to the inquiry, to furnish any such information, or to produce any such
document.
(2) For the purpose of any such inquiry including a preliminary inquiry, if any,
before such inquiry, the Lok Aayog shall have all the powers of a civil court while trying
a suit under the Code of Civil Procedure, 1908 (Act No. 5 of 1908), in respect of the
following matters, namely,
(a) summoning and enforcing the attendance of
any person and examining him on oath,
(b) requiring the discovery and production of any document,
(c) receiving evidence on affidavits,
(d) requisitioning any
public record or copy thereof from any court or office,
(e) issuing commission for the examination of
witnesses and documents.
(f) such other matters, as may be
prescribed.
(3) Any proceeding before the Lok Aayog shall be deemed to be a judicial proceeding
within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Act No.
45 of 1860).
(4) Subject to the provisions of sub-section (5), no public servant shall be
entitled, in relation to any inquiry under this Ordinance, to any privilege in respect of
the production of documents or the giving of evidence before the Lok Aayog.
(5) No person shall be required or authorized by virtue of this Ordinance, to
furnish any such information or to answer any such question or to produce so much of any
documents :-
(a) as might
prejudice the security of the State, or
(b) as might involve the disclosure of
proceedings of the Council of Ministers of the State Government;
Explanation: - For the purposes of this sub-section, a
certificate issued by a Secretary to the State Government stating that any information,
answer or portion of a document is of the nature specified in clause (a) or clause (b)
shall be binding and conclusive.
(6) Subject to the provisions of sub-section (4), no person shall be compelled for
the purpose of inquiry under this Ordinance to give any evidence or produce any document,
which he could not be compelled to give or produce in proceeding before a court.
11. Reports of Lok Aayog:- (1) If after
inquiry of any action in respect of which a complaint has been received the Lok Aayog is
of the opinion that the complaint is established, it shall by a report in writing,
communicate its findings and recommendations along with the relevant documents and other
evidence to the competent authority.
Explanation: - “Opinion
of Lok Aayog” in relation to any complaint including a decision, report, finding or
conclusion thereon, means the unanimous opinion of the Pramukh Lokayukt and Lokayukt.
(2) The competent authority shall examine the
report forwarded to it under sub-section (1) and intimate to the Lok Aayog within three
months of the date of receipt of the report, the action taken or proposed to be taken
thereon.
(3) If the Lok Aayog is satisfied with the action taken or proposed to be taken on
its recommendations, it shall close the case under information to the complainant, the
public servant and the competent authority, and if in any case the Lok Aayog is of the
opinion that the case so deserves, it may make a special report upon the case to the
Governor and also inform the complainant.
(4) The Lok Aayog shall present to the Governor, annually, a consolidated report on
the performance of its functions under this Ordinance.
(5) If in any special report under sub-section (3) or the annual report under
sub-section (4), any adverse comment is made against any public servant, such report shall
also contain the substance of the defence adduced by such public servant and the comment
made thereon by or on behalf of the State Government or the relevant competent authority,
as the case may be.
(7) Subject to the provisions of Section 9 of this Ordinance, the Lok Aayog may at
its discretion make available from time to time and in such manner and to such persons as
it may deem appropriate, the substance of cases closed or otherwise disposed of by it
which may in its opinion be of general public, academic or professional interest.
(2) The report of the Lok Aayog shall, along with the order passed by the Governor
under sub-section (1), be laid before the State Legislative Assembly.
(2) There shall be such other officers and employees under the Secretary of the Lok
Aayog as may be provided in the rules framed under this ordinance.
(3) Pramukh Lokayukt shall have such administrative powers as shall be prescribed
in consultation with him, for the purpose of enabling him to exercise administrative
control over all officers and other employees who may be appointed by the Lok Aayog.
(4) The salaries, allowances and other conditions of service of the Secretary of
the Lok Aayog and other categories of officers and employees who may be appointed under
sub-section (2) shall be such as may be prescribed in consultation with the Pramukh
Lokayukt.
(5) Without prejudice to the provisions of sub-section (1) the Lok Aayog may, for
the purpose of conducting inquiries under this Ordinance, utilize the services of :-
(a) an investigating agency appointed by the
State Government for the Lok Aayog, or
(b) any officer or investigating agency of
the State or Central Government with the concurrence of that Government, or
(c) any other person or agency.
14. Secrecy of Information:- (1) Any
information obtained in the course of an inquiry by the Lok Aayog, members of its staff or
a person or agency whose services are utilized by the Lok Aayog for conducting inquiries
in respect of any complaint, and any evidence recorded or collected in connection with
such information shall be treated as confidential.
(2) Nothing in sub-section (1) shall apply to the disclosure of information or
particulars :-
(a) for purpose of the enquiry or in any
report to be made thereon or for any action or proceedings to be taken on such report, or
(b) for purposes of any proceeding for an
offence under the Official Secrets Act, 1923 (Act No. 19 of 1923), or any offence of
giving or fabricating false evidence under the Indian Penal Code or for the purpose of any
proceedings under Section 15 of this Ordinance, or
(e) for such other
purposes as may be prescribed.
(3) An officer or other authority prescribed in this
behalf may give notice in writing to the Lok Aayog with respect to any document or
information specified in the notice or any class of documents so specified, that in the
opinion of the State Government the disclosure of the documents or information of
documents, or information of that class so specified, would be contrary to public
interest; and where such notice is given, nothing in this Ordinance shall be construed as
authorizing or requiring the Pramukh Lokayukt or the Lokayukt or any member of the staff
of Lok Aayog to communicate to any person any document or information specified in the
notice or any document or information of a class so specified.
15. Protection:- No suit, prosecution or
other legal proceedings shall lie against the Lok Aayog, the Pramukh Lokayukt, the
Lokayukt or against any officer, employee, agency or person referred to in Section 13 in
respect of anything which is in good faith done or intended to be done under this
Ordinance.
16. Lok Aayog
to make suggestions:- The Lok Aayog, if in the discharge of its functions
under this Ordinance, notices a practice or procedure which in its opinion affords an
opportunity for corruption or mal-administration, it may bring to the notice of the
Government and may suggest such improvement in the said practice or procedure as it may
deem fit.
17. Power to make rules:- (1) The State
Government may, by notification, make rules for the purpose of carrying into effect the
provisions of this Ordinance.
(2) All rules made under this Section shall be laid on the
table of the Legislative Assembly.
18. Removal of doubts:- For the removal
of doubts it is hereby declared that nothing in this Ordinance shall be construed to
authorize the Lok Aayog to enquire into a complaint against :-
(a) any member of the judicial service who is
under the administrative control of the High Court of Chhattisgarh under Article 235 of
the Constitution of India,
(b) the Chairman or a member of the State
Public Service Commission,
(f) the Chief
Electoral Officer of Chhattisgarh,
(g) any member of the
Secretariat staff of the Chhattisgarh Legislative Assembly,
(h) any member of the
staff of the Governor’s secretariat.
19. Saving:- The provisions of this Ordinance shall be in
addition to the provisions of any other enactment or any rule of law under which any
remedy by way of appeal, revision, review or in any other manner is available to a person
making a complaint under this Ordinance, in respect of any action, and nothing in this
Ordinance shall limit or affect the right of such person to avail of such remedy.
20. Repeal of Act
No. 37 of 1981 and prohibition to entertain complaints disposed of prior to the
commencement of Ordinance:- (1) The Chhattisgarh Lokayukta Evam Up Lokayukta
Adhiniyam, 1981 (Adopted vide Notification No. F-8-1/2001/1/6
dated 8th October, 2001) is hereby repealed.
(2) All complaints relating to the affairs of the State of
Chhattisgarh pending before the Lokayukta or
Up Lokayukta under the Adhiniyam referred to in sub-section (1) immediately before the
commencement of this Ordinance shall, on commencement, stand transferred to the Lok Aayog,
and shall thereupon be disposed of by the Lok Aayog as if the same were complaints
entertained by it under this Ordinance.
(3) No complaint disposed by the Lokayukta or the Up
Lokayukta under the Adhiniyam referred to in sub-section (1), prior to the commencement of
this Ordinance, shall be entertained by the Lok Aayog under this Ordinance :
Provided that the Lok Aayog may, if it considers it necessary to do so to meet the
ends of justice, enquire into any complaint relating to the affairs of the State of
Chhattisgarh finally disposed off under the Adhiniyam referred to in sub-section (1)
within a period of two years prior to the commencement of this Ordinance.
Raipur
Dated 14 June, 2002
-Signed-
Dinesh Nandan Sahaya
Governor
Chhattisgarh
State
[See Section 3 (6)]
I ……………………having
been appointed Pramukh Lokayukt / Lokayukt do swear in the name of God / solemnly affirm
that I will bear faith and allegiance to the Constitution of India as by law established,
and I will duly and faithfully and to the best of my ability, knowledge and judgment
perform the duties of my office without fear or favour, affection or ill-will.
----------------0------------------
[See Section 4(5)]
(i) A Judge of the Supreme Court of India, in case the
Pramukh Lokayukt is appointed from among persons who have held the office of a Judge of
the Supreme Court,
(ii) A Chief Justice of a High Court, in case the Pramukh
Lokayukt is appointed from amongst persons who have held the office of a Chief Justice of
a High Court,
(iii) A Judge of a High Court, in case the Pramukh
Lokayukt is appointed from amongst persons who have held the office of a Judge of a High
Court.
Provided that his salary in respect of service as the Pramukh Lokayukt shall be
reduced –
(a) by the amount of pension (other than a disability
pension) in respect of any previous service being drawn by him, and
(b) if he has before appointment as the Pramukh Lokayukt
received in lieu of a portion of the pension due to him the commuted value thereof, by the
amount of that portion of the pension, and
(c) if he has, before such appointment, received a
retirement gratuity in respect of such previous service, by the pension equivalent of that
gratuity.
2. After appointment, there shall be paid to the Lokayukt,
in respect of time spent on actual service, salary plus such perquisites and allowances as
are payable to -
(i) A Secretary to the Government of India in case the
Lokayukt is appointed from amongst the Secretaries to the Government of India,
(ii) A person who has held any post under the Central or
State Government in India carrying a scale of pay which is not less than that of a
Secretary to Government of India in case the Lokayukt is appointed from amongst persons
holding such posts,
Provided that, if the Lokayukt at the time of his appointment is in receipt of a
pension (other than a disability pension) in respect of any previous service under the
Government of India or under the Government of a State in India, his salary in respect of
service as the Lokayukt, shall be reduced-
(a) by the amount of
that pension, and
(b) if he has, before such
appointment received in lieu of a portion of the pension
due to him in respect of such previous service the
commuted value thereof, by the amount of that portion of the pension, and
--------------
[See Section 7 (1)]
a) Action
taken under the Extradition Act, 1962 (Act No. 34 of 1962) or the Foreigners Act, 1946
(Act No. 31 of 1946),
b) Action
taken for the purpose of investigating crime or protecting the security of the State
including action taken with respect to passports and travel documents,
c) Action
taken in matters which arise out of the terms of a contract governing purely commercial
relations of the administration with customers or suppliers, except where the complaint
relates to corruption, harassment or gross delay in meeting contract obligations,
d) Action
taken in the exercise of powers in relation to determining whether a matter shall go to a
court or not,
e) Action
taken in respect of removals, pay, discipline, superannuation or other matters relating to
conditions of service of public servants but not including action relating to claims for
pension, gratuity, provident fund or to any claim which arise on retirement, removal or
termination of service.
f) Action
involving complaints of corruption in respect of appointments of those mentioned in
Section 18.
g) Grant
of honours and awards.
Raipur
Dated
June, 2002
Dinesh Nandan Sahaya
Governor
Chhattisgarh
State