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CHHATIISGARH ADHINIYAM, 2002 ( No. 30 of 2002) CHHATTISGARH LOK AAYOG ADHINIYAM, 2002 Table of Contents Section I. Short title extent and commencement
2. Definitions
3. Constitution of Lok Aayog
4. Tenn of office of members and other conditions of service
5. Removal of Pramukh Lokayukt and Lokayukt
6. Matters which may be cm;uired into by Lok Aayog
7. Matters not su~ject to inquiry
8. Provisions relating to complaints
9. Procedure in respect of inquiries
10. Evidence l l. Reports of Lok Aayog
12. Reports in respect of the Chief Minister
13.-Staff of Lok Aayog
14. Secrecy of infonnation
15. Protection . 16. Lok Aayog to make suggestions
17. Power to make rules
18. Removal of doubts
19. Saving
20. Repeal of Act No. 37 of 1981 and prohibition to entertain complaints disposed of prior to the commencement of Adhiniyam.
Schedule I Schedule II Schedule III • 610 (23) • <§'illwl~ ~. ~ 2 ~ 2002 CHHA TIISGARH ADHJNIY AM, 2002 ( No. 30 of 2002) CHHATTISGARH LOK AAYOG ADHINIYAM, 2002 An Act to make provisions for the appoiritm'ent and functions of certain authorities . for the inquiry into specific infonnation of misconduct or complaint against certain Public Servants and fo( the matters connected therewith.
Be it enacted by the Chhattisgarh Legislative Assembly in the· Fifty Third year of the Republic of India as follows:-
1. Short title, extent and commencement: ~ (I) This Adhiniyam may be called the Chhattisgarh Loi< Aayog Adhiniyam, 2002 ( No. 30 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 re·quires, in this Adhiniyam;
(a) "Action" means any action including administrative action taken by way of decision, r_ecommendation 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 Llian 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 th2n a member of the All India SC'<ic..<>S, the appointing authority of ~M~:, Ga-,e .. ullellt servant;
(v) in the case of ~y other public servant, such authority as may be prescribed by the Government;
./ I \hflwi~ ~, ~ 2 ~ 2002
(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 Ac:t, 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 ofa local or other authority in Chhattisgarh;
610 (24)
(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. I of 1994), a Municipal Corporation constituted under the Chhattisgarh Municipal Corporation Act, 1956 (Act No. 23 of 1956), a Nagar Panchayat or a · Nagar Palika constituted under the Chhattisgarh Municipalities Act, 1961 (Act No.
37 of _I 961 ), and any other area development authority. by whatever name called, constitut.ed under an Act of the Chhattisgarh Legislative Assembly;
(f) "Lok Aayog" means the Commission constituted under sub section (1) of Section 3 of this Adhiniyarn;
(g) " Minister'' means a member of the Council of ~inisters for the State of Chhattisgarh, by whatever name called, that is to say the Chii,:f 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 !mproper or corrupt motives,
(iii) has indulged in corruption, undue favour, nepotism_ or lack of integrity· in his capacity as such public servant, 610 (25)
(iv) -is in possession of pecuniary resources or property disproportionate to his known sources of income and such X::"ni2.•y 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 an~ 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 Co~panies Act, 1956 (Central Act N'o. 1 of 1956) and such other Corporations or Boards, as the Government may, having regard to its financial interests, 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 ofChhattisgarh,
(vii) a person in the service or pay of-
(aa) a local authority i11 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 mar, having regard to its financial interests therein, notify from time to time,
(cc) a company registered under the Companies Act, 1956 (Central Act No. 1 of I 956) 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.
• ,, ' '.I ' '
(a) in prescribing the allowances and pension payable to and other \ conditions of service of the Pramukh Lokayukt or Lokayukt, regard shall be had to the allowances and pensions payable to and other • conditions of service enjoyed by him in the last offi~e 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 a Lokayukt shall riot be varied to his disadvantage after appointment under this Adhiniyam.