5[(1) Except as otherwise provided in these rules.-
(i) allowances (excluding dearness allowance), pension and other conditions of service of Lokayukta shall be on par with those applicable to the Chief Justice of India;
(ii) allowances, (excluding the dearness allowance), pension and other conditions of service of Upa-lokayukta shall be on par with those applicable to a Judge of a High Court.]
1. Inserted by Notification No. DPAR 46 SLU 2003, dated 21.05.2003, w.e.f.26.05.2003.
2. Sub-rule (2) substituted by GSR 112, dated 16.04.1986.
3. Rule 5 substituted by GSR 112, dated 16.04.1986.
4. Substituted for the words “or is otherwise defective, he shall issue a notice’ by GSR 117, dated 21.04.1988, w.e.f02.06.1988.
5. Sub-rule (1) substituted by GSR 214, dated 03.11.1989 and shall be deemed to have come into force w.e.f. 08.07.1985.
1[(1-A) Notwithstanding anything contained in sub-rule (1) the Lokayukta and Upalokayukta shall be entitled to pension and D.C.R.G. in accordance with these rules, in addition to the pension and other benefits they may be entitled to, in respect of any previous service rendered by them under the Central Government or any other State Governement.]
2[(2) In respect of each completed year of service there shall be credited.-
(i) to the Lokayukta in his leave account seventy days on full allowances and ninety days on half allowances; and
(ii) to the Upa-lokayukta in his leave account forty-two days on full allowance and ninety days on half allowances.]
3[(3) Any leave with allowances availed of by the Lokayukta or an Upalokayukta at any time, when there is no such leave at his credit, shall be set off against any such leave credited to his account subsequently;
(4) The Lokayukta or an Upalokayukta may at any time avail of any amount of leave out of the leave credited to his account as leave on full allowances and the monthly rate of leave allowances in that case, shall be equal to the monthly rate of his salary and other allowances for the entire period of such leave;
(5) The Lokayukta or an Upalokayukta shall have the option of commuting leave on half allowances into leave on full allowances at any time subject to the following conditions namely.-
(a) The total period of leave on full allowances availed of by him under this sub-rule shall be in addition to the leave referred to in sub-rule (4),but during the whole period of his service it shall not exceed one-twenty fourth of the period last mentioned (including the period of leave on full allowances credited to his account) plus a maximum of three months on medical grounds; and
(b) The monthly rate of leave allowances payable to the Lokayukta and an Upa-lokayukta while on leave on full allowances under this sub-rule shall be governed by section 9 of the Supreme Court Judges (conditions of service) Act, 1958 (Central Act 41 of 1958) and the High Court Judges (Conditions of Service) Act, 1954, (Central Act 28 of 1954) respectively.
1. Sub-rule (1-A) shall be and shall always be deemed to have been inserted by GSR 17, dated 24.01.1996
2. Sub-rule (2) inserted by GSR 28, dated 19.01.1989 and shall be deemed to have come into force w.e.f. 08.07.1985.
3. Sub-rule (3) to (10) inserted by GSR 214, dated 03.11.1989 and shall be deemed to have come into force w.e.f. 08.07.1985.
(6) Out of leave to which the Lokayukta or an Upa-lokayukta become entitled under the provisions of this rule, he shall be competent to sanction leave to himself or to revoke or curtail the leave already sanctioned;
(7) The balance of leave on the credit or debit side of the leave account of the Lokayukta or an Upa-lokayukta at the end of any calendar year shall be carried forward to the next calendar year without limit as to accumulation;
(8) The Lokayukta or an Upa-lokayukta shall be entitled to encashment of leave accumulated to his credit at the end of his service subject to a maximum ceiling of 1[300] days on full allowances (inclusive of that resulting from commutation of leave on half allowances);
(9) The authority competent to grant leave not due, special disability leave or extraordinary leave to the Lokayukta or an Upa-lokayukta shall be the Governor;
(10) In addition to the leave credited to his account under sub-rule(2), the Lokayukta or an Upa-lokayukta may avail casual leave subject to the following conditions namely.-
(a) such leave shall not be availed of except for unforeseen illness for urgent and unforeseen private business; and
(b) such leave shall not be availed of for more than 14 days in a calendar year or for a continuous period of more than 5 days.]
2[Notes.- x x x x x.]
3[6-A Official residence to Lokayukta and Upa-lokayukta.- (1)The Lokayukta and Upa-lokayukta shall be entitled to the use of free furnished official residence throughout the term of their office and for a further period of one month or for such extended period not exceeding two months as may be determined by the Government.
(2) The Official residence shall be maintained by the Government.
(3) If the Lokayukta or Upa-lokayukta dies while in service then the members of the family of the Lokayukta or Upa-lokayuta shall be entitled to the use of the official residence for period of three months after such death.
(4) If the Lokayukta or Upa-lokayukta is not provided with the official residence immediately after his appointment he shall be entitled for reimbursement of the actual rent paid by him for the accommodation, if any, secured by him till the date of getting the official residence.
1. Substituted for the figures “240” by Notification No. DPAR 103SLU 99, dated
26.08.2000 and shall be deemed to have come into force w.e.f. 01.07.1997.
2. Notes (1) and (2) omitted by GSR 28, dated, 19.01.1989 and shall be deemed to have come into force w.e.f. 08.07.1985.
3. Rules6-A and 6-B inserted by GSR 276, dated 26.12.1985.
Explanation.- (1) for the purpose of this rule and Rule 68, “family” means wife or husband of the Lokayukta or Upa-lokayukta or their dependent children, parents, brothers and unmarried sisters.
(2) “Official residence” means an accommodation owned or taken on hire by requisition or otherwise, by the Government and allotted to the Lokayukta or Upalokayuktha free of rent.
1[(3)”Maintenance” in relation to an official residence includes payment towards local taxes and consumption of water and electricity:
Provided that such payment towards consumption of water and electricity shall be limited to charges payable for a maximum of 4,320 kilolitres of water and 17,000 units of electricity per annum in the case of the Lokayukta and charges payable for a maximum of 3,600 kilolitres of water and 10,000 units of electricity per annum in the case of Upalokayukta.]
2[(5) Where the Lokayukta does not avail himself of the use of an official residence, he shall be paid every month, an allowance of 4[a sum equal to thirty per cent of the salary] and shall be entitled to reimbursement of charges on account of water and electricity consumed for his residence to the extent of 4,320 kilolitres of water and 17,000 units of power per annum.
(6) Where an Upa-lokayukta does not avail himself of the use of an official residence, he shall be paid every month, an allowance of 4[a sum equal to thirty per cent of the salary] and shall be entitled to reimbursement of charges on account of water and electricity consumed for his residence to the extent of 3,600 kilolitres of water and 10,000 units of power per annum.]
6-B. Penal rent for overstay after the the Lokayukta or Upa-lokayuktha ceases to hold office, etc.-if the Lokayukta or Upa-lokayukta or the members of his family continue to occupy the official residence beyond the period specified under Rule 6-A, penal rent at the rate of fifty per cent of the salary which the Lokayukta or Upalokayukta would have received had he continued in office shall be paid for each month of such overstay.]