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Section 8: Provisions relating to complaints

Chhattisgarh Lok Aayog Adhiniyam, 2002State Act of Chhattisgarh · Act 30 of 2002

(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 Adhiniyam, every person who wilfully or maliciously makes any false complaint under this adhiniyam may be on conviction, shall 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.

./ /.

( dd} a society registered or d~emed 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 unc;ler 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. Constitu.tion of Lok Aayog:- (1) There shall be a Lok Aayog for the purpose of conducting inquiries in accordance with the provisions of this Adhiniyam.

(2) The Lok Aayog shall consist of one or more members, of whom one shall be the Pramukh Lokayukt, and if there be more members, the others shall be known as 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.

610 (26)

(4) 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, and where a vacancy arises in the office of the Pramukh Lokayukt the senior .. most 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 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 the Pramuk.'. Li:1k .. 1 ukt or as a Lokayukt shail, before entering upon his office, take and subscribe before the Governor, or some ~ -· .a ~------,· -~ 610 (27) · person appointed in that behalf by him, an oath of affirmation in the fonn set out for the purpose in the First Schedule.

(7) The Pramukh Lokayukt or a 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 so~iety, including any co-oper.ative society, trust, or any local authority, or membership of the Legislative Ass~mb1y of any State or of the Parliament.

4. Term of Office of members and othe.r conditions of service:(!) 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 reappointment 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 Adhiniyam.

(2) No proceedings of the Lok Aayog shall be invalid only on account of any , vacancy inthe office of the Pramukh Lokayukt or of a Lokayukt.

(3) A vacancy occurring in ,the office of the Pramukh Lokayukt 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 Lokayukt shall be ineligible for farther 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 Chh3:ttisgarh.

(5) There shall be paid to the Pramukh Lokayukts and Lokayukt such salaries as are speci lied in the S~cond Schedule.

(6) The ·allowanci:s and pension payable to, and other conditions of service of Pramuk.': Lobyuk: a..'ld Lok:lyukt shall be such as may be prescribed :

Provided that - · '· i 610 (30)

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 ,he evidence of members of the Lok Aayog shall not be necessary for the purpose.

Where this provision sits

ActChhattisgarh Lok Aayog Adhiniyam, 2002
Section8
Marginal noteProvisions relating to complaints
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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