(1) This Act may be called the Haryana Lokayukta Act, 2002.
(2) It extends to the whole of the State of Haryana.
3(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “act” means administrative action taken by a public servant by way of decision, recommendation or finding or in any other manner and shall include willful failure to act, and all other expressions relating to such action shall be construed accordingly;
(b) “allegation” in relation to a public servant means any affirmation that such public servant—
(i) has knowingly and intentionally abused his position as such to obtain any undue gain or favour to himself or to any other person or to cause undue hardship or harm to any other person;
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 31.08.2002, page–1791.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 3.09.2015, page–2278.
3. This Act came into force w.e.f. 1st August, 2004.
Short title, extent and commencement.
Definitions.
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(ii) was actuated in the discharge of his functions as such public servant by personal interest, or improper or corrupt motives;
(iii) is guilty of corruption, lack of integrity in his capacity as such public servant; or
(iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property held by the public servant personally or by any member of his family or by some other person on his behalf;
(c) “Chief Minister” means head of the Council of Ministers;
(d) “competent authority” in relation to a complaint against—
(i) Chief Minister : The Governor in his discretion
(ii) All other Public Servants : Chief Minister;
(e) “complaint” means a complaint wherein act of any allegation or grievance is alleged to have been committed by a public servant;
(f) “corruption” includes any act punishable under Chapter IX of the Indian Penal Code, 1860, or the Prevention of Corruption Act, 1988, or under any law for the time being in force for prevention of corruption;
(g) “Governor” means the Governor of the State of Haryana;
(h) “grievance” means the claim by a person that a right to which he is entitled to is denied to him or is unreasonably delayed by the act of omission or commission of a public servant or the act complained of amounts to mal-administration;
(i) “Lokayukta” means a person appointed as a Lokayukta under section 3;
(j) “mal-administration” means an act, which is unjust, unfair, unreasonable, oppressive, improperly discriminatory or not supported by law;
(k) “Minister” means a member of the Council of Ministers, other than the Chief Minister by whatever name called, for the State of Haryana, that is to say, Cabinet Minister, Minister of State, Deputy Minister and shall also include the Chief Parliamentary Secretary and Parliamentary Secretary;
(l) “prescribed” means prescribed by rules made under this Act;
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(m) “public servant” includes a person defined in section 21 of the Indian Penal Code, 1860 and also means a person, who is or has been—
(i) Chief Minister;
(ii) a Minister;
(iii) a Member of the Legislative Assembly of Haryana including the Speaker and the Deputy Speaker of Haryana Legislative Assembly;
(iv) a Chairman, Vice-Chairman or member of the Board of Directors, by whatever name called, of a Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the State Government;
(v) a Chairman, Vice-Chairman or member, by whatever name called, of any statutory or non-statutory body incorporated, registered or constituted by the State Government;
(vi) a Mayor, Senior Deputy Mayor, Deputy Mayor of a Municipal Corporation constituted or deemed to have been constituted by or under the Haryana Municipal Corporation Act, 1994;
(vii) a President, Vice-President of a Municipal Committee or Municipal Council constituted or deemed to have been constituted by or under the Haryana Municipal Act, 1973;
(viii) a President, Vice-President of a Zila Parishad and a Chairman, Vice-Chairman of a Panchayat Samiti constituted by or under the Haryana Panchayat Raj Act, 1994;
(ix) a President or Vice-President of any managing committee of a Society incorporated or registered under the law relating to co-operative societies for the time being in force;
(x) a President, Vice-President, Managing Director of the Board of Directors of such other Cooperative Societies incorporated or registered by or under law relating to cooperative societies for the time being in force;
(xi) a Vice-Chancellor or a Pro Vice-Chancellor or Registrar of a University;
(n) “State” means the State of Haryana;
(o) “State Government” means the Government of the State of Haryana.
LOKAYUKTA2003 : Hr. Act 1] 178 Term of office and other conditions of service of Lokayukta.