Assam Lokayukta and Upa-Lokayuktas Act, 1985
[Act No. 20 of 1986]
[12th December, 1986]
Preamble
An Act to make provisions for appointment and functions of Lokayukta and Upa-Lokayuktas in Assam.
Whereas in is expedient to make provisions for the appointment of Lokayukta and Upa-Lokayuktas in Assam for the investigation of grievances and allegations against Ministers, Legislators and other public servants in certain cases and for matters connected therewith.
It is hereby enacted in the Thirty-sixth Year of the Republic of India as follows:
Section 1 - Short title, extent and commencement
(1) This Act may be called the Assam Lokayukta and Upa-Lokayuktas Act, 1985*.
(2) It extends to the whole of the State of Assam and applies also to the public servants posted outside Assam in connection with the affairs of the State of Assam.
(3) It shall come into force at once.
Footnote:
* Published in the Assam Gazette, Extraordinary No. 130 dated 31-12-1986.
Section 2 - Definitions
In this Act, unless the context otherwise requires, -
(a) "action" means action taken by way of decision, recommendation or finding or in any other manner, and includes failure to act. and all other expression connoting action shall be construed accordingly;
(b) "allegation", in relation to a public servant, means any affirmation that such public servant-
(i) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;
(ii) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motive;
or
(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;
(c) "competent authority", in relation to a public servant, means-
(i) in the case of a Minister or Secretary or Member of the Legislative Assembly-the Chief Minister;
(ii) in the case of any other public servant -such authority as may be prescribed.
(d) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;
(e) "Lokayukta" and "Upa-Lokayukta" means a person appointed as an Upa-Lokayukta under S. 3;
(f) "maladministration" means action taken or purporting to have been taken in exercise of administrative functions in any case,-
(i) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) where there has been negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;
(g) "Minister" means a member (other than the Chief Minister) of the Council of Ministers, by whatever name called, for the State of Assam, that is to say a Minister, a Minister of State or a Deputy Minister and also includes Chief Parliamentary Secretary and Parliamentary Secretary;
(h) "Officer" means a person appointed to a public service or post in connection with the affairs of the State of Assam;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "public servant" denotes a person falling under any of the following descriptions, and includes, subject to the provisions of sub-S.(4) of S.8, a person who at any time in the post fell under any of the following descriptions, namely:
(i) every Minister referred to in Cl. (g):
(ii) every member of the Legislative Assembly of the State of Assam not being the Chief Minister or Minister referred to in Cl. (g);
(iii) every officer referred to in Cl. (h);
(iv) (a) Chief Executive Councilor, Deputy Chief Executive Councilor, Members and Chairman of the
(b) President of the
(c) President and Secretary of the
(d) Chairman/Vice Chairman/and
(e) Mayor, Deputy Mayor/and Councilors of a Municipal Corporation;
(f) Chief Executive Member, the Executive Members, the Chairman and the members of the Autonomous District Councils and Regional Councils established under the Sixth Schedule to the Constitution of India and their employees;
(g) a non-official Chairman including every office bearer of that description by whatever name called or the Managing Director of a district level central society or of an apex society registered under any law relating to Co-operative Societies for the time being in force;
Explanation. In this sub-clause, "central society" means a co-operative society, which includes in its membership other co-operative societies, and "apex society" means a State level central society;
(h) every person in the service or pay of,-
(a) any local authority in the State of Assam which is notified by the State Government in this behalf in the Official Gazette;
(b) any corporation not being a local authority established by or under an Assam or Central Act and owned or controlled by the State Government, which is notified by the State Government in this behalf in the official Gazette;
(c) any Government company within the meaning of S.617 of the Companies Act. 1956 (Central Act I
of 1956), in which not less than fifty-one percent of the paid-up share capital is held by the State Government or any company, which is a subsidiary of a company in which not less than fifty-one per cent of the paid-up share capital is held by the State Government in this behalf in the official Gazette;
(d) any society registered under the Societies Registration Act, 1860, which is owned or controlled by the State Government and which is notified by that Government in this behalf in the official Gazette.
(i) "Secretary" means Chief Secretary, Additional Chief Secretary, Commissioner, Secretary to the Government of Assam and includes a Special Secretary, an additional Secretary, a Joint Secretary, a Deputy Secretary, an Under-Secretary and also a special officer to the Government of Assam.
Section 3 - Appointment of Lokayukta and Upa-Lokayuktas
(1) For the purpose of conducting investigations in accordance 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 the Upa-Lokayukta or Upa-Lokayuktas:
Provided that, -
(a) the Lokayukta shall be appointed after consultation with the Chief Justice of the Gauhati High Court, the Speaker and the leader of the opposition in the Assam Legislative Assembly, and if there be no such leader a person elected in this behalf by the members of the opposition in that house in such manner as the speaker may direct;
(b) the Upa-Lokayukta or Upa-Lokayuktas shall be appointed after consultation with the Lokayukta;
Provided further that where the Speaker of the Legislative Assembly is satisfied that circumstances exist on account of which it is not practicable to consult the leader of the opposition in accordance with Cl. (a) of the preceding proviso he may intimate the Governor the name of any other member or the opposition in the Legislative Assembly who may be consulted under that clause instead of the leader of the opposition.
(2) Every person appointed as the Lokayukta or an Upa-Lokayukta shall before entering upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation in the form set out for the purpose in the First Schedule.
(3) The Upa-Lokayuktas shall be subject to the administrative control of the Lokayukta and, in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue such general or special direction, as he may consider necessary to the Upa-Lokayukta:
Provided that nothing in this sub-section shall be construed to authorise the Lokayukta to question any finding, conclusion or recommendation of an Upa-Lokayukta.
Section 4 - Lokayukta or Upa-Lokayukta to hold no other office
The Lokayukta shall be a person who is or has been a Judge of the Supreme Court or a High court and the Lokayukta or an Upa-Lokayukta shall be a person who is not and has never been a member of Parliament or a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as the Lokayukta, or as the case may be, an Upa-Lokayukta); or be connected with any political party or carry on any business or practice, any profession, and accordingly before he enters upon his office, a person appointed as the Lokayukta or, as the case may be, an Upa-Lokayukta, shall, -
(a) if he is a sitting Judge or holds any other office of trust or profit, resign from such office; or
(b) if he is connected with any political party, sever his connection with it; or
(c) 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
(d) if he is practising any profession, suspend practice of such profession.
Section 5 - Term of office and other conditions of service of Lokayukta and Upa-Lokayukta
(1) Every person appointed as the Lokayukta or Upa-Lokayukta shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of 68 years:
Provided that, -
(a) the Lokayukta or an Upa-Lokayukta may, by writing under his hand addressed to the Governor, resign his office;
(b) the Lokayukta or an Upa-Lokayukta may be removed from office in the manner specified in S.6.
(2) If the office of the Lokayukta or an Upa-Lokayukta becomes vacant, or if the Lokayukta or an Upa-Lokayukta is by reason of absence or for any other reason whatsoever, unable to perform the duties of his office, these duties shall, until some other person appointed under S.3, enters upon such office or, as the case may be, until the Lokayukta or such Upa-Lokayukta resumes his duties, be performed, -
(a) where the office of the Lokayukta becomes vacant or where he is unable to perform the duties of his office, by the Upa-Lokayukta or if...
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