Arunachal Pradesh Lokayukta Act, 2014

{
    "id": 15012,
    "slug": "arunachal-pradesh-lokayukta-act-2014",
    "title": "Arunachal Pradesh Lokayukta Act, 2014",
    "short_title": "Arunachal Pradesh Lokayukta Act, 2014",
    "act_number": "(Act No. 7 of 2014)",
    "act_year": 2014,
    "act_type": "STATE",
    "location": "Arunachal Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Arunachal Pradesh Lokayukta Act, 2014",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"bench\" means a bench of the Lokayukta ;\n(b) \"Chairperson\" means the Chairperson of the Lokayukta ;\n(c) \"competent authority\" in relation to-\n(i) the Chief Minister means the Legislative Assembly of the State;\n(ii) a member of the Council of Ministers means the Chief Minister;\n(iii) a member of State Legislative Assembly other than a Minister means the Speaker of the Legislative Assembly;\n(iv) an officer in any Department of the Government means the Minister- in- charge of the Department under which such officer is serving ;\n(v) a Chairperson or member of any Body or Board or corporation or Local authority or company or society or autonomous Body (by whatever name called) established or constituted under any Act of the Legislature of the State or wholly or partly financed by the Government or controlled by it means the Minister-in-charge of the Department of such Body or Board or corporation or authority or company or society or autonomous body.\n(vi) an officer of any Body or Board or corporation or Local authority or company or society or autonomous body {by whatever name called) established or constituted under any Act of the Legislature of the State or wholly or partly financed by the Government or controlled by it means the head of such Body or Board or corporation or authority or company or society or autonomous body ; and\n(vii) any other case not falling under sub-clauses (i) to (vi) above means such Department or authority as the Government may by notification specify ;\n(d) \"complaint\" means a complaint made in such form as may be prescribed alleging that a public servant has committed an offence punishable under the Prevention of Corruption of Act 1988 ;\n(e) \"Government\" means the Government of Arunachal Pradesh;\n(f) \"investigation\" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure 1973;\n(g) \"Judicial Member\" means a Judicial Member of the Lokayukta;\n(h) \"Lokayukta\" means the body established under section 3;\n(i) \"Member\" means a Member of the Lokayukta;\n(j) \"Minister\" means Minister of the Government but does not include the Chief Minister;\n(k) \"notification\" means notification published in the Official Gazette and the expression \"notify\" shall be construed accordingly;\n(l) \"preliminary inquiry\" means an inquiry conducted under this Act;\n(m) \"prescribed\" means prescribed by rules;\n(n) \"public servant\" means a person referred to in clauses (a) to (h) of sub-section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act 1950. the Air Force Act 1950 the Navy Act 7957andtheCoastGuardAct 1978 or the procedure is applicable to such public servant under those Acts;\n(o) \"regulations\" means regulations made under this Act;\n(p) \"rules\" means rules made under this Act; and\n(q) \"Special Court\" means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act 1988.\nChapter - II\nEstablishment of Lokayukta\n3.\n(a) a Chairperson who is or has been a Judge of the Supreme Court or who is or has been Chief Justice or judge of High Court and of impeccable integrity and outstanding ability or an eminent person who fulfils the eligibility specified in clause (b) of sub-section (3); and\n(b) Two members out of whom one shall be Judicial Member\n(c) At least two of the Members shall be from APST\n(d) At least one of the members shall be woman:\n(a) as a Judicial Member if he is or has been a Judge of a High Court;\n(b) as a Member other than a Judicial Member if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty years in the matters relating to public administration finance including insurance and banking law anti-corruption policy or management.\n(a) a member of Parliament or a member of the Legislature of any State or Union Territory;\n(b) a person convicted of any offence involving moral turpitude ;\n(c) a person of less than forty-five years of age on the date of assuming office as Chairperson or Member as the case may be ;\n(d) a member of any Panchayat or Municipality ;\n(e) a person who has been removed or dismissed from service of the Union or a State; or\n(f) a person holding any office of trust or profit (other than his office as the Chairperson or a Member) or person connected with any political party or carry on any business or practise any profession and accordingly before he enters upon his office as the Chairperson or a Member as the case may be shall if-\n(i) he holds any office of trust or profit resign from such office ; or\n(ii) he is carrying on any business sever his connection with the conduct and management of such business : or\n(iii) he is practicing any profession cease to practice such profession.",
            "footnote": "",
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        },
        {
            "number": "4",
            "title": "4. Appointment of Chairperson and Members on recommendation of Selection Committee.",
            "chapter": null,
            "content": "(a) the Chief Minister-Chairperson;\n(b) the Leader of Opposition in the Legislative Assembly- Member;\n(c) the Chief Justice of the Gauhati High Court or a Judge of the said High Court nominated by the Chief Justice- Member;\n(d) Chief Secretary to the Government-Member.\n5.\n(a) by writing under his hand addressed to the Governor resign his office; or\n(b) be removed from his office in the manner provided in section 37.\n6.\n7.\n(a) the Chairperson shall be the same as those of the Chief Justice of the High Court of Gauhati;\n(b) other Members shall be the same as those of a Judge of the High Court of Gauhati:\n(i) by the amount of that pension; and\n(ii) if he has before such appointment received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof by the amount of that portion of the pension:\n8.\n(i) reappointment as the Chairperson or a Member of the Lokayukta;\n(ii) any diplomatic assignment appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the Governor by warrant under his hand and seal;\n(iii) further employment to any other office of profit under the Government of India or the Government or corporation company society local authority or autonomous body as referred to in sub-clauses (v) and (vi) of clause (c) of sub- section(1) of section 2;\n(iv) contesting any election of President or Vice-President of India or Member of either House of Parliament or Member of either House of a State Legislature or of Municipality or Panchayat within a period of five years from the date of relinquishing the post.\n9.\n10.\nChapter - III\nInquiry Wing\n11.\nChapter - IV\nProsecution Wing\n12.\nChapter - V\nExpenses of Lokayukta To Be Charged On The Consolidated Fund of The State\n13.\nChapter - VI\nJurisdiction in Respect of Inquiry\n14.\n(a) any person who is or has been a Chief Minister;\n(b) any other person who is or has been a Minister of the State;\n(c) any person who is or has been a Member of the Arunachal Pradesh Legislative Assembly;\n(d) any person who is Chairperson or a member by whatever name called of a Panchayat or a Municipality as respectively provided in articles 243-B and 243-Q of the Constitution of India;\n(e) any officer or employee of the State referred to in sub- clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act 1988 when serving or who has served in connection with the affairs of the State;\n(f) any officer or employee referred to in clause (e) or holding equivalent post in any Body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by any Act of Parliament or of a State Legislature which is wholly or partly financed by the Government or controlled by it;\n(g) any person who is or has been a director manager secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) by whatever name called wholly or partly financed or aided by the Government and the annual income of which exceeds such amount as the Government may by notification specify ;\n(h) any person who is or has been a director manager secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the Government may by notification specify or from any foreign source under the Foreign Contribution (Regulation) Act 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may by notification specify:\n15.\n16.\n(a) the jurisdiction of the Lokayukta may be exercised by benches thereof;\n(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit;\n(c) every bench shall ordinarily consist of at least one Judicial Member;\n(d) where a bench consists of the Chairperson such bench shall be presided over by the Chairperson;\n(e) where a bench consists of a Judicial Member and a non-Judicial Member not being the Chairperson such bench shall be presided over by the Judicial Member;\n(f) the bench of the Lokayukta shall ordinarily sit at Itanagar and at such other places as the Lokayukta may by regulations specify.\n17.\n18.\n19.\nChapter - VII\nProcedure in Respect of Preliminary Inquiry and Investigation\n20.\n(a) preliminary inquiry against any public servant by its Inquiry Wing or any agency to ascertain whether there exists a prima facie case for proceeding in the matter; or\n(b) investigation by any agency or authority empowered under any law to investigate where there exists a prima facie case:\n(a) investigation by any agency (including any special investigation agency);\n(b) initiation of the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority;\n(c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 46.\n(a) filing of charge-sheet or closure report before the Special Court against the public servant;\n(b) initiating the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority.\n21.\n(a) considers it necessary to inquire into the conduct of any person other than the accused; or\n(b) is of opinion that the reputation of any person other than an accused is likely to be pre-judicially affected by the preliminary inquiry it shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence consistent with the principles of natural justice.\n22.\n23.\n24.\nChapter - VIII\nPowers of The Lokayukta\n25.\n26.\n27.\n(i) summoning and enforcing the attendance of any person and examining him on oath;\n(ii) requiring the discovery and production of any document;\n(iii) receiving evidence on affidavits;\n(iv) requisitioning any public record or copy thereof from any court or office;\n(v) issuing commissions for the examination of witnesses or documents:\n(vi) such other matters as may be prescribed.\n28.\n(a) summon and enforce the attendance of any person and examine him;\n(b) require the discovery and production of any document; and\n(c) requisition any public record or copy thereof from any office.\n29.\n(a) any person is in possession of any proceeds of corruption;\n(b) such person is accused of having committed an offence relating to corruption; and\n(c) such proceeds of offence are likely to be concealed transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence the Lokayukta or the investigating officer may by order in writing provisionally attach such property for a period not exceeding ninety days from the date of the order in the manner as provided in the Second Schedule to the Income-tax Act 1961 and the Lokayukta and the officer shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule.\n30.\n31.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "32",
            "title": "32. Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "33",
            "title": "33. Power of the Lokayukta to give directions to prevent destruction of records during preliminary Inquiry.",
            "chapter": null,
            "content": "(a) to protect such document or record from destruction or damage; or\n(b) to prevent the public servant from altering or secreting such document or record; or\n(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.\n34.\nChapter - IX\nSpecial Courts\n35.\n36.\n(i) examine the facts and circumstances of the case:\n(ii) take such steps as the Special Court may specify in such letter of request; and\n(iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request.\nChapter - X\nComplaints Against Chairperson Members and Officials of The Lokayukta\n37.\n(a) is adjudged an insolvent; or\n(b) engages himself during his term of office in any paid employment outside the duties of his office; or\n(c) is in the opinion of the Governor unfit to continue in office by reason of infirmity of mind or body.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "38",
            "title": "38. Complaints against officials of Lokayukta.",
            "chapter": null,
            "content": "Chapter - XI\nAssessment of Loss and Recovery Thereof by Special Court\n39.\nChapter-XII\nFinance Accounts and Audit\n40.\n41.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "42",
            "title": "42. Annual statement of accounts Furnishing of returns etc to Government.",
            "chapter": null,
            "content": "43.\nChapter- XIII\nDeclaration of Assets",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "44",
            "title": "44. Declaration of assets.",
            "chapter": null,
            "content": "(a) the assets of which he his spouse and his dependent children are jointly or severally owners or beneficiaries:\n(b) his liabilities and that of his spouse and his dependent children.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "45",
            "title": "45. Presumption as to acquisition of assets by corrupt means in certain cases.",
            "chapter": null,
            "content": "Chapter-XIV\nOffences and Penalties\n46.\n47.\nChapter - XV\nMiscellaneous\n48.\n49.\n50.\n51.\n52.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "53",
            "title": "53. Jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "54",
            "title": "54. Legal assistance.",
            "chapter": null,
            "content": "55.\n56.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "57",
            "title": "57. Power to make rules.",
            "chapter": null,
            "content": "(a) the form of complaint referred to in clause (d) of sub-section (1) of section 2;\n(b) the term of the Search Committee the fee and allowances payable to its members and the manner of selection of panel of names under sub-section (5) of section 4;\n(c) the post or posts in respect of which the appointment shall be made after consultation with the Arunachal Pradesh Public Service Commission under the proviso to sub- section (3) of section 10;\n(d) other matters for which the Lokayukta shall have the powers of a civil court under clause (vi) of sub-section (1) of section 27;\n(e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 29;\n(f) the rate of interest as contemplated under sub-clause (2) of section 31;\n(g) the manner of transmitting the letter of request under sub-section (2) of section 35;\n(h) the form and the time for preparing in each financial year the budget for the next financial year showing the estimated receipts and expenditure of the Lokayukta under section 39;\n(i) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 41;\n(j) the form and manner and the time for preparing the returns and statements along with particulars under section 42;\n(k) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 43;\n(l) the form of annual return to be filed by a public servant under sub-section (5) of section 43;\n(m) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 44; and\n(n) any other matter which is to be or may be prescribed.\n58.\n(a) the conditions of service of the secretary and other officers and staff of the Lokayukta and the matters which in so far as they relate to salaries allowances leave or pensions require the approval of the President under sub-section (4) of section 10;\n(b) the place of sittings of benches of the Lokayukta under sub-clause (f) of sub-section(l) of section 17;\n(c) the manner for displaying on the website of the Lokayukta the status of ail complaints pending or disposed of along with records and evidence with reference thereto under sub-section (10) of section 21;\n(d) the manner and procedure of conducting an preliminary inquiry or investigation under sub-section (11) of section 20;\n(e) any other matter which is required to be or may be specified under this Act,\n59.",
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    ],
    "metadata": {
        "Act ID": "Last Updated 19th February, 2020 [aru018]",
        "Act Number": "(Act No. 7 of 2014)",
        "Enactment Date": "",
        "Act Year": "2014",
        "Short Title": "Arunachal Pradesh Lokayukta Act, 2014",
        "Type": "STATE",
        "Location": "Arunachal Pradesh"
    },
    "updated_at": "2026-09-29 21:55:19"
}