Himachal Pradesh Lokayukta Act, 2014
No: 23 Dated: Jun, 30 2015
THE HIMACHAL PRADESH LOKAYUKTA ACT, 2014
(ACT NO. 23 OF 2015)
An Act to consolidate and re-enact a law to provide for the appointment of Lokayukta for the State of Himachal Pradesh to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-fifth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent, application and commencement.- (1) This Act may be called the Himachal Pradesh Lokayukta Act, 2014.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall apply to public servants in and outside the State.
(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 Act, unless the context otherwise requires—
(a) “competent authority” in relation to-
(i) the Chief Minister, means the Legislative Assembly of Himachal Pradesh;
(ii) the Minister, means the Chief Minister;
(iii) a Member of the Himachal Pradesh Legislative Assembly other than a Minister, means the Speaker of the Legislative Assembly;
(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, Vice-chairperson or members of anybody or Board or Corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or any Act of a State Legislature or wholly or partly financed by the Central Government or the State Government or controlled by it, means the Minister-inCharge of the administrative department of such body or Board or Corporation or authority or company or society or autonomous body;
(vi) an officer of anybody or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or any Act of a State Legislature or wholly or partly financed by the Central Government or 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) Vice-chancellor or Pro-vice chancellor of the University established under any Act of the State Legislature, means the Governor of Himachal Pradesh; and
(viii) in any other case not falling under sub-clauses (i) to (vii) 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 sub-clause (vi) is also a Member of the Legislative Assembly, then the competent authority shall be the Speaker of the Legislative Assembly;
(b) “complaint” means a complaint accompanied by an affidavit, 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 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983;
(c) “investigation” means an investigation defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;
(d) “Lokayukta” means a person appointed as such under section 4;
(e) “Minister” means Minister of a State Government (by whatever name called) that is to say, Minister, Minister of State, Deputy Minister and shall also include the Chief Parliamentary Secretary and Parliamentary Secretary but does not include the Chief Minister;
(f) “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(g) “preliminary inquiry” means an inquiry conducted under this Act by the Lokayukta;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “public servant” means a person referred to in clauses (a) to (h) of sub-section (1) of section (13) of this Act;
(j) “regulations” means regulations made under this Act;
(k) “rules” means rules made under this Act; and
(l) “Special Court” means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988.
(2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 shall have the meanings respectively assigned to them in those Acts.