(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:-
(a) any person who is or has been a Chief Minister;
(b) any person who is or has been a Minister;
(c) any person who is or has been a Member of the Himachal Pradesh Legislative Assembly;
(d) all officers and officials of the State Government, from amongst the public servants defined in sub-clauses (i) and (ii) 10 THE HIMACHAL PRADESH LOKAYUKTA ACT, 2014 of clause (c) of section 2 of the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983, when serving or who has served in connection with the affairs of the State;
(e) all officers and officials referred to in clause (d) or equivalent in anybody or Board or corporation or authority or company or society trust or autonomous body (by whatever name called) established by any Act of Parliament or a State Legislature or wholly or partly financed by the State Government or controlled by it;
(f) any person who is or has been a Chairperson or member or officer or employee in anybody or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of a State Legislature or wholly or partly financed by the State Government or controlled by it:
Provided that in respect of such officers referred to in clause (e) who have served in connection with the affairs of the Union or anybody or Board or corporation or authority or company or society or trust or autonomous body referred to in clause (d) but are working in connection with the affairs of the State or in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the Parliament or wholly or partly financed by the Central Government or controlled by it, the Lokayukta and the officers of the Inquiry Wing or Prosecution Wing shall have jurisdiction under this Act in respect of such officers only after obtaining the consent of the Central Government;
(g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for time being in force or not), by whatever name called, wholly or partly financed by the Government and the annual income of which exceeds such amount as the State Government may by notification, specify;
and
(h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), if in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify.
Explanation.- For the purpose of clauses (g) and (h), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses:
THE HIMACHAL PRADESH LOKAYUKTA ACT, 201411 11
Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 shall apply accordingly.
(2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of the Legislative Assembly in respect of anything said or a vote given by him in the State Legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the Constitution.
(3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 against a person referred to in sub-section (1) :
Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of the Union, without the consent of the Central Government.
(4) No matter in respect of which a complaint has been made to the Lokayukta under this Act, shall be referred for inquiry under the Commission of Inquiry Act, 1952.
Explanation.- For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.