GOVERNMENT SIKKIM EXTRAORDINARY PUBLISHED BY AUTHORITY GAZETTE Gangtok Friday 27th May, 2016 No.187 LOKAYUKTA SIKKIM GANGTOK No.6iLOl(16 Dated: 19.3.2016 NOTIFICATION ln exercise of the powers conferred by sub-section (ii) of section 43 of the Sikkim Lokayukta Act, 2O'14 (6 of 2014), the Lokayukta, Sikkim hereby nrakes the following regulations to carry out the provisions of the Act, namely:- Shorl title and commencement Definitions
1. (1) These regulations may be called the Sikkim Lokayukta Regulations ,2016.
(2) They shall be deemed to have come into force on the 1'r day of August, 2014.
2. (1) ln these regulations, unless the context otherwise requires,-
(a) "Act" mearp the Sikkim Lokayukta Act,2O14;
(b) "Administrative function" means an act or action taken by the Lokayukta in matters relating to either Registry of the Lokayukta or in relation to complaint but does not require the presence of parties in the complaint;
(c) "Complainant" means and includes any individuals, association of individuals in any form, society, trust or any juristic entity, who has made a complaint;
(d) "Lokayukta" means the Lokayukta, Sikkim, constituted under sub-section(1) of section 3 of the Act;
(e) "Quasi-judicial function" means an order or direction issued by Lokayukta in relation to a complaint and would ordinarily require the presence of the public seruant in the complaint and the Lokayukta sitting as a bench Form and Procedure of C o mP I ai nt, P reli mi narY lnquirY/lnquirY' lnvestigation and Prosecution to hear the public servant either in persorl or i'epresentecl bY his lawYers:
Provided that where a matter has been dealt quast judicially unO"*nt fuOlic servant were duly represented by his Lawyert oititt public servant appeared in person and if suosJq;t;iii;; public servant remained absent' the bench-Jn'if O" competent to pass necessary orderlorders in the absence ol the public servant or his lawYer'
(f) "Registry" means the offlce of the Lokayukta' Sikkim;
(g) "rules" means the Sikkim Lokayukta Rules' 2014'
(2) Words and expressions defined in the Act and used but not defined in tnese"L"g;r"t[nt shall have the same meaning respectively utt'gnZd to tht* in the Act and the rules made there under' (1 ) Every complaint shalt be made in the form as may be provided in this behalf:
Provided that where the StateGovernment or any of its dePartment or orga undertaking/semi gove has received anY com relates to Preliminary in shall be forwarded to with a written note of the he establishment'
(2) The provisions contained in sub-regulation (1) above' shall notapplywneieamatterhasstoodtrans{err.edtoLokayuk.ta in terms of p'o'i'ion cf section 45 of the Act' such matter may be Oeaft OV tne Lokayukta on the basis of orcrers as may be Passed from time to time' is disPensed with;
(4) Where a complaint-st99d transferred in terms of provision of Section +s Jt tne Siftkim Lokayukta Act' 2014' the provision of sub-regutation (3) above shall not apply'
(5) Complaint may be filed with the Office of the Registry or be sent ,nt"'Ln weOsite of the Lokayukta or by post' 2 /a\
(7)
(8) A .^*-r^'-r "--,. L^ ^,.1-J.^^^^/.J +^ +h^ r\h^i,^^.^^- ^I +h^n UVlrlPla'jrL llrAy vg cluerCJOsv Lv Lrre vrrdrryUi5v,, vi .i iU Lokayukta or the Principal Secretary/ Secretary of the Lokayukta.
On receipt of the complaint, the Registry shall deal with the matter as per the direction of the Lokayukta as may be issued from time to time.
(a) The Lokayukta for dealing with a particular complaint may from time to time lssue such direction as it may deem expedient.
(b) Lokayukta may while dealing with the complaint may function quasl-judicially. A quasi-judicial function of Lokayukta shall require the Members of the Lokayukta sitting as a bench, headed by its Chairperson and issuing order or orders as the case may be after hearing the public servant present either in person or represented by his lawyers:
Provided that where a matter has been dealt quasi judicially and the public servant were duly represented by his Lawyers or the public servant appeared in person and if subsequently the public servant remained absent, the bench shall be competent to pass necessary order / orders in the absence of the public servant or his lawyer and no such order passed by a bench shall be invalid merely by reason of absence of one member due to illness or othenvise.
(c) Where the Lokayukta has dealt with a complaint which has been heard and dealt by the Members, the verdict on the complaint while being disposed of may be signed and pronounced by the Chairperson and the Members. However, in the event of absence of any Member due to illness or otherwise the Chairperson and the Member may make the pronouncement.
(a) A bench of the Lokayukta shall ordinarily be const.--..- - consisting of the Chairperson and the Members:
Provided that to deal with the exigencies arising out of absence of a Member due to illness or otherwise, the Chairperson and the other Member present shall be competent to deal with tlre complaint in such manner as may be considered expedient.
(b) Notwithstanding anything contained in clause (a) above, the Chairperson shall be competent to decide as to whether a particular matter pending before the J
(e)
(10) Lokayukia sirall bc dealt by a s'nEle l'4e i-r5cr cr consi;ting of the Chairperson and a Memoer or by' ll'rairperson and all the l/ernbers' The Lckavurta r-nay also discharge its tunction in relation to a ccmplaini admrnistraiively by passing such order/ orders and directing the off iciais of the Registry to discharge ;; p.;il such duties as may be necessarv both for the ;ril.; ot otti.. administration (Registry) and also todeal with matters related to an / complaint pending before Lokayukta.
While dealing with a complaint, the Registry of the Lokayukta shall take such steps as has been directed by the Lokayukta iro. rlr" to time sitting as a bench and f unctioning quast judiclal.
The Registry shall also act on the basis of administrative order as would Oe isiued by the Lokayukta from time to time:
Provlded thai no administrative order shall be invalid merely by reascn cf absence of one of the Members due to illr:ess or otherwise'
(13) Notwithstandrng anytning coniained iri suo-regulation (12) \ -/ above, the Chaiperson shall be competent to pass or lssue such directron to the Registry as would be necessarv for dealing with office administration of the Lokayukta'
(14) ln the matters relating to any complaint' rf other Members are not avaitable imriediately' the Chairperson shall be competent to issue such direction as he may deenn necessary for speedy disposal of the complaint or issue relatingioacomplaintsubjecttoitbeingratifieclbyother Members of the LokaYukta' Where the Lokayukta has decided to institute the case or prosecute a person, it may issue such direction as may be necessary f rom time to time and the prosecutor shall act accordingly in coordination with the registry of the Lokayukta' AttachmentofpropertyshallbedealtintermswithdIrectiono{ Lokayukta as woukJ be issued from time to time'
(1) Ali adrrinistrative matters shall be processed before it is piaceo rvrth the Cnairperson through Principal Secretaryl Secretary, as Ihe case may be' Where the Chairperson ls not in statlon, being away, in such cases' the Principal Secretary/ Secretary-, as the case may be' shatl ensure that matters requiring approval/order of the Chairperson are placed before him atthe place where he is stationed:
4 (1 1)
(12) 4Prosecution bY the Lokayukta Attachment of ProPertY etc.
Ad m i n i strati v e m atte rs 6 Legal Section Establishment Section B Accounts Section
Provided that where the Chairperson is outside the country in such cases the matter may be placed after his return to the countrY.
and the Members at place/places chosen by the chairperson for obtaining final order on those rnatters. ln the event the chairperson and/or the Members are not in station, being away, such matters may be placed before them at the respective Place to avoid delaY:
Provided that where the Chairperson and the Membefs are outside the country in such cases the matter may be placed after their return to the country.
(3) The Lokayukta may hold, if it is considered expedient, meeting to discussadministrative matters, where the Chairperson resides or the Members resides to deal with any matter exPeditiouslY.
(4) Where in a complaint pending before Lokayukta, the scrutiny and examination of various documents and papers etc' require utmost confidentiality and needs special attention, in such cases the Chairperson may perform such official scrutiny and the related work from his ordinary residence without taking assistance of official and staff of the Lokayukta.
Lok n which will process complaints etc. Section willalso dealwith issue of s This Section will also deal with providing certified copies etc. court Master will be the ln-charge of LegalSection.
Lokayukta may have an Establishment Section to deal with all matters relating to personal files, pay fixation, increment, leave, promotion, disciplinary matters etc.
Lokayukta may have an Accounts Section to deal with all matters relating to accounts or financial matters, salaries, TA/ DA etc.
10. Lokayukta may have a Protocol Section to deal with protocol related matters of the Lokayukta, tourlmovement of Chairperson, Members and other officials of the Lokayukta, liaison with other protocol section of different State Governments, sending clf information, fax messages of tour/movement of Chairperson and Members, 7
9.
Protocol Section lnquiry Wing and Prosecution Wing LibrarY and Reference Section Filing of Petitions' -pplications before the Lokayukta lnherent Power Residuary Procedure 11 2 13 arrangement of accommodation, transportation as the case may nn irbjtttto entitlement etc' Wherever required' the Protocol section of the Home Deparlment of the State may provide protocol assistance in coordination with the visiting State' lnquiry Wing and Prosecution Wing of the Lokayukta shall deal with such enquiry and prosecution as may be required from time to time.
The Lokayrrkta rnay have a Library for references to the points of ta*lirOgment of High Courts and Supreme Court or any other .orrt in.tuOing louriats, books and other periodic publications' Where a person has been summoned but is unable to appear he/ she may be required to submit an application to the authority who hasissuedthesummonexplainirgthereasonfornon-appearances andthereafterhe/shemaybeissuedafreshSUmmonforappearance on a new date or may issue such other order as may be considered approPriate:
Provided that the officer issuing the summon shall obtain necessary direction from the Lokayukta in all such matter before taking anY action in this regard'
14. The Lokayukta shall have inherent power to dispense with any of therequirementasprovidedundertheregulationifitisconsidered exPedient.
to time.
R.K. PurkaYastha Principal SecretarY Lokayukta, Sikkim.
S.G.;.;. ', Cant. ot ti0 Cps-i Dt:- 13.05.2016- FORIN A.
(See regulation 3) To The ChairPerson Sikkim LokaYukta Near Circuit House Gangtok- 7371O3 Sir, l, Shri/Shrimati .
S/o/W/o/D 1o..... '..aged """years' a permanent resident of.... "'and at Present residing at..... hereby state my grievances I action complained which are set out in papers annexed herewith for your perusal & order for inquiry or investigation as may be considered aPProPriate.
l, therefore, pray that order for necessary inquiry or investigation as deemed proper may be issued.
Dated.
Yours iaithfullY , (Complainant) FORM B (See regulation The ChairPerson Sikkim LokaYukta Near Circuit House Gangtok- 737103 l, Shri/ Shrimati S/o/W/o.
"''aged"" """'years a permanent resident of ""' "'and at present residing at" " ' ""hereby submitthecomplaint/actioncomplained,whichoccurredon....(date).
The complaint is annexed herewith' I therefore , pray that order for necessary inquiry or inv:stigation as dearnecj proper maybe issued.
Yours faithfullY , Dated.
3) To Sir (ComPlainant) FORM C (See regulation 3) l,Shri iShrimati permanent resident of ......
and at present residing at.
do swear in the name of God / hereby solemnly affirm and state as follows :-
(1) That I anr the Comptainant in the accompanying Complaint.
(2) That I am working as .... .................tn the.....s..... ........and lhave been authorized on behalf of..... .Department, Government of Sikkim / PSU L..... .....to file the accompanying complai nt.
(3) That the facts stated in the attached complaint in paragraph......
are true to my information and belief , and that I have not approached any law enforcing agency or Court of Law or Tribunal or Vigilance for redressal of the grievances / to look into the compiaint.
DEPONENT tndentified by an Advocate :- (Strike out where it is not necessary)