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Gujarat Lokayukta Aayog Act, 2013
Gujarat Lokayukta Aayog Act, 2013
Sections
1. Short title, extent, application and commencement.
Section 12. Definitions.
Section 23. Appointment of Lokayukta and Up-Lokayukta.
Section 34. Disabilities in case of Lokyukta and Up-Lokayukta.
Section 45. Term of office and conditions of service of Lokyukta and Up-Lokayukta.
Section 56. Removal of Lokayukta or Up-Lokayukta.
Section 67. Matters which may be investigated by Lokayukta Aayog.
Section 78. Transaction and disposal of business by Lokayukta Aayog.
Section 89. Constitution of benches.
Section 910. Matter not subject to investigation.
Section 1011. Provisions relating to complaints.
Section 1112. Procedure in respect of investigations.
Section 1213. Evidence.
Section 1314. Report of Lokayukta Aayog in case of the Minister.
Section 1415. Findings and recommendations to be communicated to competent authority by a report.
Section 1516. Report of Lokyukta Aayog, competent authority to act in a time bound manner.
Section 1617. Annual report of Lokayukta Aayog.
Section 1718. Staff of Lokayukta.
Section 1819. Secrecy of information.
Section 1920. Intentional insult or interruption to or bringing into disrepute Lokayukta Aayog.
Section 2021. Protection.
Section 2122. Conferment of additional functions on Lokayukta.
Section 2223. Power to exclude complaints against certain classes of public functionaries.
Section 2324. Disposal of deposit.
Section 2425. Power to delegate.
Section 2526. Power to make rules.
Section 2627. Provisions of Act to be in addition to and not in derogation of any other way.
Section 2728. Repeal and savings.
Section 28
gujarat-lokayukta-aayog-act-2013.json
•
28 Sections
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Gujarat
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"title": "Gujarat Lokayukta Aayog Act, 2013",
"short_title": "Gujarat Lokayukta Aayog Act, 2013",
"act_number": "(Gujarat Act No. 20 of 2014)",
"act_year": 2013,
"act_type": "STATE",
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"description": "Gujarat Lokayukta Aayog Act, 2013",
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"number": "1",
"title": "1. Short title, extent, application and commencement.",
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"number": "2",
"title": "2. Definitions.",
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"content": "(1) \"action\" means action taken whether before or after the commencement of this Act by way of decision, recommendation or finding or in any other manner and includes failure to act, and all other expressions connoting action shall be construed accordingly;\n(2) \"allegation\" in relation to a public functionary and with reference to any specific action taken by him means any affirmation that such public functionary in his capacity as a public functionary-\n(i) is guilty of corruption, or lack of integrity; or\n(ii) was actuated in the discharge of his functions by personal interest or corrupt motives; or\n(iii) has abused his position to obtain any gain or favour to himself or to any other person;\n(3) \"Bench\" means a bench constituted in accordance with section 9;\n(4) \"competent authority\" means-\n(a) in the case of a Minister, the Council of Ministers, and\n(b) in the case of any other public functionary, such authority as may be prescribed;\n(5) \"Governor\" means the Governor of the State of Gujarat;\n(6) \"Lokayukta\" means a person appointed as a Lokayukta under section 3;\n(7) \"Lokayukta Aayog\" means Institution of the Lokayukta Aayog comprising of Lokayukta and Up-Lokayuktas appointed under section 3;\n(8) \"Minister\" means a member of the Council of Ministers for the State of Gujarat by whatever name called, that is to say the Chief Minister, a Minister, Minister of State and Deputy Minister and includes a Parliamentary Secretary to the Chief Minister;\n(9) \"prescribed\" means prescribed by rules made under section 26;\n(10) \"public functionary\" means, -\n(a) a person who holds or has held an office of -\n(i) a Minister;\n(ii) the Chairman or the Vice-Chairman of a Government Company within the meaning of section 617 of the Companies Act, 1956 in which not less than fifty one per cent. of its paid up share capital is held by the State Government and the Chairman or the Vice-Chairman of a Company which is subsidiary of a company in which not less than fifty one per cent. of its paid up share capital is held by the State Government;\n(iii) the Chairman or the Vice-Chairman of a Corporation established by or under the Bombay Act or Gujarat Act and owned or controlled by the State Government;\n(iv) the Vice-Chancellor of a University established by law in the State of Gujarat;\n(v) the Mayor or the Deputy Mayor of a Municipal Corporation constituted under the Gujarat Provincial Municipal Corporations Act, 1949;\n(vi) the President or the Vice-President of a municipality constituted under the Gujarat Municipalities Act, 1963;\n(vii) the Sarpanch or the Up-sarpanch of a village panchayat, the President or the Vice-President of a taluka panchayat or a district panchayat constituted under the Gujarat Panchayats Act, 1993;\n(viii) the Chairman of any Committee constituted under the Gujarat Provincial Municipal Corporations Act, 1949 or the Gujarat Municipalities Act, 1963 or the Gujarat Panchayats Act, 1993;\n(ix) the Councilor who is a member of any committee constituted under the Gujarat Provincial Municipal Corporations Act, 1949 or the Gujarat Municipalities Act, 1963;\n(x) the member who is elected to any committee constituted under the Gujarat Panchayats Act, 1993;\n(b) a person who is or has been in the service or pay of the State Government, Local Authority, University, Board or Corporation owned and controlled by the State Government or the Government Company;\n(11) \"Public servant\" shall have the same meaning as assigned to it in Twelfth description under section 21 of the Indian Penal Code.\n(12) \"Up-Lokayuktd\" means a person appointed as Up-Lokayukta under section 3.",
"footnote": "",
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"sort_order": 1
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{
"number": "3",
"title": "3. Appointment of Lokayukta and Up-Lokayukta.",
"chapter": null,
"content": "(i) The Chief Minister - Chairperson;\n(ii) The Speaker of the Gujarat Legislative Assembly;\n(iii) A minister from the council of ministers, to be nominated by the Chief Minister;\n(iv) The Leader of the Opposition in the Gujarat Legislative Assembly and should there be a vacancy in that position then a person elected in this behalf by the members of the Opposition in that House in such manner as the Speaker may direct;\n(v) One Judge of the High Court of Gujarat, to be nominated by the Chief Justice of the High Court in consultation with the collegiums of five Senior Judges of the High Court;\n(vi) Vigilance Commissioner, Gujarat State.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Disabilities in case of Lokyukta and Up-Lokayukta.",
"chapter": null,
"content": "(i) if, he is a Member of Parliament or of the Legislature of any State, resign such membership; or\n(ii) if, he holds any office of trust or profit, resign from such office; or\n(iii) if, he is connected with any political party, sever his connection with it; or\n(iv) 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\n(v) if, he is practicing any profession, suspend practice of such profession.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Term of office and conditions of service of Lokyukta and Up-Lokayukta.",
"chapter": null,
"content": "(i) the Lokayukta or Up-Lokayukta may, by writing under his hand addressed to the Governor, resign from his office,\n(ii) the Lokayukta or Up-Lokayukta may be removed from office in the manner specified in section 6.\n(i) re-appointment as the Lokayukta or an Up-Lokayukta;\n(ii) any assignment or appointment which is required by law to be made by the Governor of Gujarat under his hand and seal;\n(iii) further employment to any other office of profit under the Government of Gujarat.",
"footnote": "",
"is_definition": false,
"sort_order": 4
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{
"number": "6",
"title": "6. Removal of Lokayukta or Up-Lokayukta.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Matters which may be investigated by Lokayukta Aayog.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Transaction and disposal of business by Lokayukta Aayog.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
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{
"number": "9",
"title": "9. Constitution of benches.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
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{
"number": "10",
"title": "10. Matter not subject to investigation.",
"chapter": null,
"content": "(a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850,(37 of 1850.) with its prior concurrence, or\n(b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952,(60 of 1952.) on its recommendation or with its prior concurrence or by the State Government under the proviso to sub-section (2) of section 7, or\n(c) in respect of a matter if a process including appeal, revision, review or other proceeding is pending before any tribunal, Court, officer or other competent authority under any other law for the time being in force, or\n(d) in respect of a matter which has been inquired into under the enactments referred to in clauses (a) or (b) or (c) and has been finally decided by a competent court.",
"footnote": "",
"is_definition": false,
"sort_order": 9
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{
"number": "11",
"title": "11. Provisions relating to complaints.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "12",
"title": "12. Procedure in respect of investigations.",
"chapter": null,
"content": "(i) shall forward a copy of the complaint or in the case of any investigation which it proposes to conduct on his own motion, a statement setting out the grounds therefor to the public functionary concerned and the competent authority concerned,\n(ii) shall afford to the public functionary concerned an opportunity to offer his comments on such complaint or statement, and\n(iii) may make such orders as to the safe custody of documents relevant to the investigation, as it deems fit.\n(a) the complaint is frivolous or vexatious, or is not made in good faith; or\n(b) there are no sufficient grounds for investigating or as the case may be, for continuing the investigation; or\n(c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.\n(a) considers it necessary to inquire into the conduct of any person other than the prospective accused; or\n(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defense, consistent with the principles of natural justice.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Evidence.",
"chapter": null,
"content": "(a) summoning and enforcing the attendance of any person by issuing summons or warrants and examining him on oath;\n(b) requiring the discovery and production of any document;\n(c) receiving evidence on affidavits;\n(d) requisitioning any public record or copy thereof from any court or office;\n(e) issuing commissions for the examination of witnesses or documents;\n(f) such other matters as may be prescribed:\n(a) as might prejudice the security or defense or international relations of India (including India's relations with the Government of any other country or with any international organization), or the investigation or detection of crime; or\n(b) as might involve the disclosure of proceedings, other than the decision, of the Cabinet or Council of Ministers of the State Government or any committee thereof, if any;\n(ii) For the purpose of investigation under this Act, no person shall be compelled to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a court.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Report of Lokayukta Aayog in case of the Minister.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Findings and recommendations to be communicated to competent authority by a report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Report of Lokyukta Aayog, competent authority to act in a time bound manner.",
"chapter": null,
"content": "(ii) If the declaration so made is accepted or is deemed to have been accepted, the fact of such acceptance or the deemed acceptance shall immediately be intimated by registered post by the State Government or the Chief Minister or the Chief Secretary, if any of them is the competent authority, and by the State Government in other cases then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public functionary concerned shall, with effect from the date of intimation of such acceptance or of the deemed acceptance of the declaration,\n(a) if he is a Minister, resign from his office of Minister;\n(b) if he is not a Minister, be deemed to have vacated his office.\n(ii) The competent authority shall accept or reject the declaration within a period of six months from such receipt. If the competent authority fails to accept or reject the declaration within six months time then departmental proceedings shall be deemed to have been instituted against the concerned public functionary.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Annual report of Lokayukta Aayog.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Staff of Lokayukta.",
"chapter": null,
"content": "(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.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Secrecy of information.",
"chapter": null,
"content": "(a) in any report to be made on an investigation under this Act or for any action or proceeding to be taken on such report; or\n(b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923 or an offence of giving or fabricating false evidence under the Indian Penal Code or for purposes of any proceedings under section 20; or\n(c) for such other purposes as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Intentional insult or interruption to or bringing into disrepute Lokayukta Aayog.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Protection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Conferment of additional functions on Lokayukta.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Power to exclude complaints against certain classes of public functionaries.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Disposal of deposit.",
"chapter": null,
"content": "(a) in a case where the complaint is refused to be investigated or ceased to be investigated under sub-section (4) of section 12 stand forfeited to the State Government,\n(b) if the Lokayukta Aayog, for reasons to be recorded in writing so direct, be utilised for compensating the public functionary complained against, and\n(c) in any other case, be refunded to the complainant.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Power to delegate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Power to make rules.",
"chapter": null,
"content": "(a) the competent authority under section 2;\n(b) the salary and the allowances and pension payable to, and other conditions of service of the Lokayukta and Up-Lokayukta under sub-sections (3) and (4) of section 5;\n(c) other places where the benches of Lokayukta shall sit;\n(d) the manner for obtaining the opinion of Chief Justice of High Court;\n(e) the administrative powers of Lokayukta under sub-section (4) of section 8;\n(f) the forms of complaints and the affidavits, under sub-section (2) of section 11 and the manner in which and the authority or agency for depositing the amount under sub-section (4) of that section 11;\n(g) the other matters in respect of which the Lokayukta Aayog shall have powers of a Civil Court under clause (f) of subsection (2) of section 13;\n(h) the form of consolidated annual report under sub-section (1) of section 17;\n(i) the categories of officers and employees who may be appointed, their salaries and allowances and other conditions of service under sub-section (1) of section 18;\n(j) the other purposes of disclosure of any information or particulars under clause (c) of sub-section (2) of section 19 and the officer or other authority who may give notice for the purpose of sub-section (3) of section 19:\n(k) any other matters which is to be, or may be, prescribed for which the Act makes no provision and are necessary for the proper implementation of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Provisions of Act to be in addition to and not in derogation of any other way.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Repeal and savings.",
"chapter": null,
"content": "Schedule\n[ See section 3(7)]",
"footnote": "",
"is_definition": false,
"sort_order": 27
}
],
"metadata": {
"Act ID": "guj244",
"Act Number": "(Gujarat Act No. 20 of 2014)",
"Enactment Date": "",
"Act Year": "2013",
"Short Title": "Gujarat Lokayukta Aayog Act, 2013",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}