(1) This Act may be called the West Bengal Lokayukta Act, 2003.
(2). It extends to the whole of West. Bengal.
(3) It shall come into force on iliai date as the State Government may, by notification, appoint.
NOTIFICATION I AI ntmeni of 3. (1) For the purpose of conducting investigations and inquiries in accordance Lo yukta and Up with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and one or more persons to be known as Upa-Lokayukta: r in the case of the Chief Minister, the State Legislative Assembly;
in the case of a Minister, the Chief Minister:
Provided that during the period of operation of any proclamation issued-underarticle 356 of the Constitution of India, the Governor;
(iii) in the case of a Member of the State. Legislative Assembly, the Speaker of the State Legislative Assembly.
Explandtion.—The Speaker of the Legislative Assembly shall act in consultation with the Chief Minister and the Leader of the Opposition in the State Legislative Assembly; -
(iv) in the case of any other public functionary, such authority as may be prescribed;
(4) "complaint", in relation to a public functionary, means an allegation made in writing by any person that such public functionary, in discharge or purported discharge of his public function has been guilty of corrupt practice;
(5) "corrupt practice" means that the public functionary in any of his action has been guilty of wilful lack of financial integrity and/or wilful abuse of power for personal gain;
(6) "Governor" means the Governor of the State of West Bengal;
(7) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of the wilful failure to perform duties duly assigned to a public functionary;
(8) "Lokayukta" means the person appointed as such under section 3;
(9) "Minister" means a Minister of the Government of West Bengal, and includes a Deputy Chief Minister, a Minister, a Minister of State, a Deputy Minister;
(10) "notification" means a notification published in the Official Gazette;
(11) "officer" means a public servant or a person holding any office or post in connection with the affairs of the State of West Bengal and against whom no disciplinary or penal action has been taken or contemplated under any statute or statutory rule;
(12) "prescribed" means prescribed by rules made under this Act;
(13) "public functionary" means a person who is—
(i) the Chief Minister or a Minister;
(ii) a Member of the State Legislative Assembly;
(iii) any other person holding an office or post consequent upon an election held under any law for the time being in force;
(14) "Upa-Lokayukta" means a person appointed to be Upa-Lokayukta under section 3.
(i)
(ii) THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 The West Bengal Lokayukta Act, 2003.
(Sections 2, 3.)
Definitions. 2. In this Act, unless the context otherwise requires,—
(1) "action" means action taken by a public functionary in the discharge or purported discharge of his public function;
(2) "Chief Minister" means the Chief Minister of the Government of West Bengal;
(3) "competent authority", in relation to a public functionary, means,— Lokayukta or Upa-Lokayukta hold no other office, 110
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 3 The West Bengal Lokayukta Act, 2003.
(Sections 4, 5.)
Provided that— the Lokayukta and Upa-Lokayukta shall be appointed by the Governor on the advice tendered by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the Legislative Assembly of the State.
(2) A person shall not be qualified for appointment as Lokayukta unless he has the qualification of being appointed a Judge of the Supreme Court under article 124 of the Constitution.
(3) A person shall not be qualified for appointment as Upa-Lokayukta unless he has the qualification for being appointed a Judge of the High Court under article 217 of the Constitution.
(4) Notwithstanding anything contained in any other provision of this Act, a person of high integrity and eminence shall be appointed a Lokayukta or Upa-Lokayukta, if such recommendation is made by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the' State Legislative Assembly.
(5) (a) Temporary or casual vacancy in the office of the Lokayukta or the Upa- Lokayukta shall be filled up in accordance with prescribed rules for a period not exceeding six months.
(b) If the Lokayukta or Upa-Lokayukta is unable to perform his duties for six months or more, the Governor may declare the office vacant:
Provided that ,the Governor shall hear such Lokayukta or Upa-Lokayukta before declaring such office as vacant.
(c) A vacancy occuring in the office of the 'Lokayukta or Upa-Lokayukta by reason of his death, resignation, retirement or removal shall be filled up as soon as possible, but not later than three months from the date of occurrence of such vacancy.
Term of office of Lokayukta and Upa-Lokayukta.
4. The Lokayukta or Upa-Lokayukta shall not be a Member of Parliament or a Member of the Legislature of any State, or hold any office of profit, other than office as the Lokayukta or, as the case may be, Upa-Lokayukta, or be connected wi any political party, or carry on any business or practice any profession, and, accordingly, a person appointed as the Lokayukta or Upa-Lokayukta shall, before he enters upon his office,—
(a) if he is a Member of Parliament or of the Legislature of any State, resign such membership;
(b) if he holds any office of profit, resign such office;
(c) if he is connected with any political party, sever his connection with it;
(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business;
or
(e) if he is practising any profession, suspend practice of such profession till his tenure to that post.