West Bengal Lokayukta Act, 2003

No: 35 Dated: May, 21 2004

THE WEST BENGAL LOKAYUKTA

West Bengal Act XXXV of 2003

    An Act to provide for the establishment of the institution of Lokayukta to investigate the complaints by the citizens against the public functionaries in West Bengal alleging corrupt practices by them and for matters directly connected therewith.

    WHEREAS it is expedient to provide for the establishment of the institution of Lokayukta to investigate the complaints by the citizens against the public functionaries in West Bengal alleging corrupt practices by them and for matters directly connected therewith;

    It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the Legislature of West .Bengal, as follows:-

1. Short title and commencement:- (1) This Act may be called the West Bengal Lokayukta Act, 2003.

(2).It extends to the whole of West. Bengal.

(3) It shall come into force on iliai date as the State Government may, by notification, appoint.

2. Definitions:- In this Act, unless the context otherwise requires,—

(1) "action" means action taken by a public functionary in the discharge or purported discharge of his public function;

(2) "Chief Minister" means the Chief Minister of the Government of West Bengal;

(3) "competent authority", in relation to a public functionary, means,—

(i) in the case of the Chief Minister, the State Legislative Assembly;

(ii) in the case of a Minister, the Chief Minister:

Provided that during the period of operation of any proclamation issued-underarticle 356 of the Constitution of India, the Governor;

(iii) in the case of a Member of the State.Legislative Assembly, the Speaker of the State Legislative Assembly.

Explanation.—The Speaker of the Legislative Assembly shall act in consultation with the Chief Minister and the Leader of the Opposition in the State Legislative Assembly;

(iv) in the case of any other public functionary, such authority as may be prescribed;

(4) "complaint", in relation to a public functionary, means an allegation made in writing by any person that such public functionary, in discharge or purported discharge of his public function has been guilty of corrupt practice;

(5) "corrupt practice" means that the public functionary in any of his action has been guilty of wilful lack of financial integrity and/or wilful abuse of power for personal gain;

(6) "Governor" means the Governor of the State of West Bengal;

(7) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of the wilful failure to perform duties duly assigned to a public functionary;

(8) "Lokayukta" means the person appointed as such under section 3;

(9) "Minister" means a Minister of the Government of West Bengal, and includes a Deputy Chief Minister, a Minister, a Minister of State, a Deputy Minister;

(10) "notification" means a notification published in the Official Gazette;

(11) "officer" means a public servant or a person holding any office or post in connection with the affairs of the State of West Bengal and against whom no disciplinary or penal action has been taken or contemplated under any statute or statutory rule;

(12) "prescribed" means prescribed by rules made under this Act;

(13) "public functionary" means a person who is—

(i) the Chief Minister or a Minister;

(ii) a Member of the State Legislative Assembly;

(iii) any other person holding an office or post consequent upon an election held under any law for the time being in force;

(14) "Upa-Lokayukta" means a person appointed to be Upa-Lokayukta under section 3.