(1) The Kerala Public Men’s Corruption (Investigations and Inquiries) Act, 1987 (24 of 1988) and the Kerala Lok Ayukta Ordinance, 1998 (16 of 1998) are hereby repealed.
(2) Notwithstanding such repeal,-
(i) in so far as it is not inconsistent with the provisions of this Act, anything done or any action taken under the said Act shall be deemed to have been done or taken under this Act and may be continued and completed under the corresponding provisions of this Act:
Provided that, for the purpose of this sub-section, “Public Men” as defined under the said Act shall be deemed to correspond to “public servants” under this Act;
(ii) all inquiries and investigations or other proceedings pending before the Commission under the repealed Act shall stand transferred to and be continued by the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, under the provisions of this Act, as if it were commenced before him under this Act;
(iii) anything done or deemed to have been done or any action taken or deemed to have been taken under the Kerala Lok Ayukta Ordinance, 1998 (16 of 1998) shall be deemed to have been done or taken under this Act.
(3) Notwithstanding anything contained in this Act, initially the staff of the Lok Ayukta shall also consist of the Secretary and other officers and employees of the Kerala Public Men’s Inquiry Commission constituted under the Kerala 23 Public Men’s Corruption (Investigations and Inquiries) Act, 1987 (24 of 1988), as if they were appointed under the provisions of this Act and they shall, till their services are duly terminated or reverted to the parent department, if on deputation, be entitled to the same salary, allowances and other terms and conditions of service as are entitled to them immediately before the commencement of this Act, until they are varied in accordance with the provisions of this Act.
FIRST SCHEDULE [See section 3 (4) ] I................................................having been appointed as Lok Ayukta/Upa Lok Ayukta do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India, as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will.
SECOND SCHEDULE [See section 8 (i) (a)]
(a) Action taken for the purpose of investigating crime relating to the security of the State.
(b) Action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not.
(c) Administrative action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers except where the complainant alleges harassment or gross delay in meeting contractual obligation.
(d) Action taken in respect of appointment, removal, pay, discipline superannuation or other matters relating to conditions of service of public servants but, not including actions relating to claims for pension, gratuity, provident fund or to any claims which arises on retirement, removal or termination of services.
(e) Grant of honours and awards.