Document — The ARUNACHAL PRADESH LOKAYUXTA ACT, 2014

/ GD .. The Aru nachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 264, Vol. XXV, Naharlagun, Tuesday, July 3, .2018 .Asadha 12, 1940 (Saka) GOVERNMENT OF ARUNACHAL PRADESrl HOME DEPARTMENT CIVIL SECRETARIAT !TANA.GAR NOTIFICATION The 7th June, 2018 . No. HMB (B)~15/2014: -In the.exercise of the powers conferred by Section 57 of the Arunachal Pradesh Lokayukta Act, 2014 (Act No. ?of 2014), the Governor ofArunachal Pradesh is pleased to make the following Rules to carry out the provisions of the aforesaid Act, namely- Short title and · commencement Definitions. Complaint and registration of complaint by Lokayukta. 1. (1) These· rules may be called :the "Arunachal Pradesh Lokayukta Rules, 2018". (2) They shall come into force on the date of.their publication in the Official Gazette. 2. (1) In these rules, unless the contextotherwiserequires,- (a) "Act" means the ArunachalPradeshLokayukta Act, 20~4 ~No. 7 of 2014). (b) "Complainant" means a person who makes a · complaint under Section 2:(d) 'of the Act. (c.) "Form" means form appended to these Rules. (d) "Secretary" means Secretary of Lokayukta. (e) "Section" means sections of the Act. (2) The words and expressions used in these-rules, but not defined herein, shall have. the. same meaning as are respectively assigned to therri in the Act. 3. Every complaint under this Act-shall be made ·to the State Lokayukta in Form-I or IA and.shaf :be accompanied. by an affidavit in Form-II and shall-contain the following particulars. namely,- (a) The name and address of the complainant; (b) The name, official designation and address of the public functionary againsLwhom the .cornplaint or allegation is made; (c) The details of the .. contents . of the action complai nedlal leg ed. (2) On receiptof a complaint, the Secretary shall cause the particulars thereof to be . entered in a register .. of complaints. . . ·. (3) If the Secretary is ofthe opinion-that any such complaint is not in conformity with ·the provisions of.the.Act.or Rules, he shall within a period .of.fifteen days from the date of its receipt, issue a notice in Form-IV to the complainant requiring him to rectify the defect.within the.time specified in the notice. (1) Section 2(1)(d) and 57 (2) (a) The Arunachal Pradesh Extraordinary Gazette, July 3, 2018 C0 Constitution of · Search Committee. •"\( Termof the Search Committee. Resignation of members of Search Committee. Absence of Search Committee members out of India. Provided that the Secretary .rnay, on an application made by the complainant, extend the time specified in the notice for sufficient cause. (4) All complaints shall be placed before the Lokayukta for orders. However, complaints regarding which action has been taken under sub-Rule (3) shall be placed only after the expiry <of the time stipulated in the notice or the extended period, asthecase may .be, whether or not any defect pointed out by the.Secretary has been rectified. (5) Every person making complaint under sub-Rule (2) shall be informed · of the gist cif the order in Form-V, if no further action on the complaint is to be taken. (6) A fee of Rupees ·1000 (Rupees one thousand) only shall be paid in judiclal stamps for filing a petition of complaint. Provided that the Secretary or Lokayukta may, on . an application made by the complainant, in his discretion waive the requirement of payment of fee in appropriate case. 4. ( 1) The Selection Committee shall constitute the Search Committee consisting of five persons from the fields and the categories of ·persons specified .in sub-Section (3) of Section 4 of the .Act. (2) The Selection Committee shallmcmlnate one of the members as the chairperson of the Search Comrnittee. (3) The Selection Committee shall nominate anofficer of the level of Secretary to the Government .of Arunachal Pradesh. or above· from· amongstfhe list of officers to be obtained by it from the Government :6fArunachal Pradesh · to function as.the.convenor ofthef:S'ear.Ch Committee. 5. A member ot-the Search Committee; intiading·its Chairperson. shall hold office till the submission of panel of names. Provided that tile Selections Committee may/in the public interest, change a member of search.Comrnltteeeven before the submission of the panel of the names after giving him one month's notice. A member may resign his office by aletter addressed to the Chairperson .of the Selection Cornmittee.. 6. 7. If a member intends to be-absent from .lndia orArunachal Pradesh for a continuous period exceeding three months, he shall tender his resignation. The Search Committee shall hold'lts rrreetinqs.at Itanagar -do- or such place in the State as .,may -be ·decided by the Chairperson of the.Search-Committee.· · The notice for meeting shall be iisued;in sucn.manner so as .to reach the· chairperson andmembers- at.least three days in advance. · · 1 ·- The Chairperson of the _Search Committee ~hall preside -do- over the rneetinqs of the Search Committee: Provideu that if the chairperson is not.present, the members of the Search' Cornmittee, may elect, a person from amongst the members present to preside over the meeting. (2) In case of a difference of opinion amongst the.rnernbers of the Search Committee; the rnatter-shallbe.decided by the majority of the members present and voting .. (3) Each member of the Search Committee shall 'have one. vote, and in case of equality ofvotes on any question to be decided by the Search Committee, .the-chairpersonor · the member presiding over the '.meeting~shail have a casting vote. Meeting of Search 8. ( 1) Committee .. (2) Procedure at 9. (1) . meetings of Search Committee. Section 4 (3) Section 4(5) and 57 (2) (b) Section 57(2)(n) -do- -""'" T_h_e_A_ru_n_a_ch_a_l_P_r_ad_e_s_h_E_x_tr_a_o_rd_in_a_r_y_G_a_z_e_tte_,_J_u_ly_3_ , _20_1_s 3 GD Ft~ and travelling allowances for attendance at meetings of Search · Committee. Preparation of panel of names by the Search Committee. :.:"!-" .. submission of . panel or panels of names to· Selection Committee. Period for which panel shall be valid. 10. (1) If the chairperson or member of the Search Committee is a Government employee, he/she is not entitled to sitting fee. Section 4(5) and 57 (2) (b) (2) Non-official chairperson or . member .of .the Search Committee shall be-entitled to a sitting fee of rupees two thousand five .hundred and rupees two thousand respectively for each day, for attending the meeting of the Search Committee. (3) The-chairperson or member of the;Search·Corilmittee shall be entitled to TA and DA as are .adrnissible to a Grade-I Officer of the State for. attending the meetings of the Search Committee. 11. ( 1) The Search Committee shall prepare-a panel 'of persons to Section 4 be considered by the Selection · Committee for (5) and 57 appointment as the Chairperson: and members of the (2) (b) Lokayukta, from amonqst.the lisLof persons· obtained in the manner as provided for in sub~Rule(2). (2) The Search Committee shall for the purpose of sub- Rule (1 ),- (i) circulate the vacancies to the Registrar General of the ·Gauhati High Court,:Gdwahati and Secretaries of the Governmentof Arunachal Pradesh of various departments calling for nomination- -of eligible canoioates , and (ii) advertise · the vacancies directly at least in two leading daily newspapers -of Arunachal Pradesh inviting applicationJrom the eligible candidates. Provided· that in case-of applicants applying directly the applicants .shall ;furnish' a. letter Of retommendations-:from one' eminenLperson :of the . State. (3) The Search Committee may, tor.the purpose of short- listing of persons, adopt such short-listinq norms, which shall .not be less than the criteria specified in .sub-sections (2),(3) and (4) of Section 3 of the Act: Provided that in case of a person holdinqtne position in a private institution, the consideration of such person shall be subject to his :furnishing a declaration:abouthis willingness to comply .with the :.·requirements· . of sub- Section (4) cf Section 3 .of the Adt as.·regard~i:.holdihg of any.office· oftrust or profit or carrying on any business or practising any profession. (4) While select:ng the panel of names to be recommended, the Search Committee ·shall have ·. due regard to the representation of the persons belonging to APST, Women and other provisions ·of the Act.. ··.· (5) The .Search' Committee may devi~e:iits/own pro6edufe or . ·. lay down guidelines for evalu.ating :pe~sor'\s for 'the . purpose of smoanelment. •, . ,:.4• 12. (1) The Search Committee shall subrnitrthe panehsl.of names, Section 4 · for consideration of· the ·Selection·CornmittEle within a (5) and 57 period.of three months from the dateof issueof order of (2) (b) the Search Committee. (2) The Search:.Comrnittee shall wcommend a.panel ct.three names in respect of chairperson-and three . names in respect of each member, far the 'consideration of the Selection Cor1mittee. 13. (1) A panel prepared by the Search Committee for consideration of the Selection·Committee shall· remain valid for a period of one year=from the .date .of its submission. to the. Selection Committee :.or. till the appointment. of the Chairperson· or+as the 'case· may be the member or members/is made; whichever isearlier. Section . 57(2)(n) .Appoin.i:meni: of Officers and staff . of t.okayukta, etc. Procedure of lnqulry ...2.L :-, nm,estigation~ rnfc,uning of seized documents . after retaining r§u!y authenticated copies of such. documents by t.okayukta or authorised officer. The l\runachal Pradesh Extraordinary Gazette, July 3, 2018 (2) If any fresh vacancy arises in the Lokayukta, it shall be filled up from a panel of eligible candidates prepared by the Search Committee under Rule 11. 'i4. (1) The Lokayukta shall have a Secretary or more than one Section J / Secretary, not below the rank of Secretary to the 57 (2) (c) Government of Arunachal Pradesh, a Director of Inquiry & (n), 1 o and a Director of Prosecution not below the rank of (3) & (4). Additional .Secretary to. the Government of Arunachal Pradesh or equivalent rank who shall be appointed by the State Government. (i) if he is in private service, ti~,:1h;1, not.beideemed to be absent from the duty for the purpose of any action wt ich would otherwise have. followed in consequence of such absence; . · . ' ,' . (2) The strength and composition of other 'officers and staff of Lokayukta and their designation shall be such as may be decided by the Government in consultation of Arunachal Pradesh Public Service Commission and Lokayukta. (3) The officers and staff of Lokayukta shali be recruited by the Arunachal Pradesh Public Service· Commission or State Staff Selection Board as the case may be. _(4~ The c?nditions of services, salaries~:allowances, le~ve and \./ pensions of Secretary (s), the Director of Inquiry, the Director of Prosecution-and -other 'officers and staff of Lokayukta shall be governed by the-Rules followed by the State Government for employees of .the equivalent ranks of the State Government: (5) The recruitment .. rules of officer~ a11d · ·oth~r .staff of the Lokayukta shall .be framed .by the State Government in consultation with the Arunachal .Pradesh -Public Service Commission. J (1) The Lokayukta . may with· the .approval · of the State . ~ Government engage any agen~yor person · (s) or professional(s) including: subject.expertts) for .conductinq ~ preliminary inquiry orinvesf1gation/on .payment of such reasonable fees as may be :negotiated :·.in advance between the l.okayukta- and suctraqency-as may be deemed appropriate to : them. or .such prescribed fees under any other law for the time being in force for such inquiry and investigation: - (2) While conducting the inquiry and investigation by any agency, if the Lokayukta is . satisfied that documents relevant to preliminary· inquiry and investigation have been seized .by the agency which may 'be used as evidence for. the purpose .of :prelirnihary inquiry ~ investigation ;wd feels. itnecessary'..tc:H'etaint_~e .same in .,..its custody, it may so retain o(dir.ect:s-uch .officer as may be authorized in that behalfto .retain such .dccuments in his custody. Section 20(b), 26(2) proviso and 57(2)(n) . .. Provided that where any such documents are required to be returned, the l.okayukta or the-authorized officer may return .the same'<arter, · retaining duly authenticated· copies of such /documents : and after recording in writing the reasons-tor.such.return-. 16. (1) .While_ m~king any ~ inq~ir;J?f?onduct!ng any _Section , 1nv~st1gat1on und~r- -~he /\~t; the',:L~kayul<~a>on. its own 20,27(1) motion or on application-being made.may, issue summon and to person (s) Hnd ~itnai:fs'(es)·jr,',Fprrr1~v11c:-~·n?;examine 57(2)(d) any person and witness whether-to /give evidence or to produce any documents in his possession. ln-'such case, such person or witness shall be/entitled toacertificate from the office of the Lokayukta ·in.Form~III; certifying that . he has atterided the office of;Loka/ilkta for the=purpose of giving evidence, etc. · (2) If the person referred. to"in sub-Section :(1 ):produces the certificate in Form-Ill· before his:erffployer;·then;: The Arunachal Pradesh E:xtraordinary Gazette, July 3, 2018 (ii) if he is a public servant, he shall be treated as on duty on the day or dates on which he attended the office of Lokayukta and shall be entitled to draw travelling allowance/daily allowances at a rate specified by general or special order by the Lokayukta. (iii) if tile person referred to in· sub-Section (1) is in private service or is not .ernptoyed in. any service, such · person may be . paid ·.·actual •. travelling auowarces at the rates specified by a general or special order by the Lokayul<ta. (3) Where the Lokayukta decides to conduct any __/ investigation under these rules, it shall,- (a) forward a copy of the complaint or, in the case of any investigation which it proposes: to Conduct on its own motion, a statement setting out the grounds thereof, to the public functionary concerned and the competent authority in Porrn-Vl: · (b) afford to the public functionary concerned, an opportunity to offer · his comments on such complaint or statement; and (c) make such orders as to the .. safe -custody of documents relevant to the investigation, as it dee~~: fit.. (d) shall obtain comments/views of the ·-competent authority in the Governmen(on the complaint and shall take a judicious and rationa' view:accordingly so as to protect the honest and innocent public servant. (e) direct or authorize any officer{s) or stafUo visit any premises· or to inspect any documents or other relevant records for the purposes of any enquiry or investigation .. (4) Subject to the provisions of the Right to Information Act, ~2005 (No. ?2 of_ 2005),: ev~ry su~h investig~tion. shall be conducted m private and, m particular, the identity · ot.the complainant or t_he public functionary affetted by -the investigqtic•n shall not -be disclosed to the .public or the press or .r:iublished in 'any manner whether before, during or after the investigation. (5) Save as aforesaid. the procectureJor conducting any such investigc3tion shall be such as the;Lokayukta. considers appropriate in the circumstances:of the case: .. ' (6) The LokaytiUa may, in itsdiscretiori}r;fuse.t;·irwestigate or ~aseto·investigate anycomplainyif}n its opinion:-' ' (a) there are no sufficient grounds for investigation or, .as the case may be, for continuing,the investigation; or (b) other remedies are available tothe complainant and in the circumstances: of the -case it would be more proper to avail of such remedies (7) In any case where the tokayukta·'clecides notJO entertain ___....--s~Y compl,1i'n.t c· _to discontinu~:~~yjiwesti~atjo~ in respect ~ of a oomplaint 1t shall record .;1ts reasons therefore and communicate t! 1e same to the :cdrnplainanrand the public. functionarv concerned. The Arunachal Pradesh Extraordinary Gazette, July 3, 2018 (8) Any order passed by the Lokayukta under these rules and executed in the name of Lokayukta, shall be ~ authenticated in such manner as the Lokayukta may, by general or special order, specify from time to time. ' -® 'i?. ('1),.,,. If the Lokayukta or Investigating Officer has reasons to Section ~ believe on the basis of material in its/his possession 29(2) and that- 57(2)(e) sending order ofr attachment lbiv Lo,lk.;y!.llkta. (a) any person, who is accused of having committed an offence relating to corruption, is in possession of any proceed of corruption; and (b) such , proceed is likely to be concealed, transferred or dealt with in: a manner, which may result in frustrating any proceedings relating to confiscation of such proceed, it or he may, by order in writing, provisionally .attach such property for a period not exceeding ninety days and forward a copy of the order along. with the material in his possessionJo .the Special Court in a sealed envelope throuqh-an-authcrized officer for further proceedings by .the Special .Court for extending the order of attachment as may be deemed appropriate by .suchSpecial Court. The Special Court after conducting .. the: proceedings shall forward the copy of its order of extending the attachment or otherwise, to the Lokayukta,.lmiestigating Officer and the person concerned for compliance. Rate of interest on . 18. In case the order made by the Lokayukta or lnvestiqatinq ~ Officer for confiscation of assets i(ar\hulled by the High Court or Special Court as the case may be ; .and .the public servant is acquitted, the assets so confiscated .shall be returned to such public servant with a simple interest @ 6% per annum calculated for the period of'.confiscation and in case it is not possible for any reason to return .the assets, such public servant shall be paid the .price of the assets along with simple interest at-the rate.0(6% per annum from the date of such confiscation.'. (2) assets confiscated !by t.okayukta or lnvestlqatinq oH'ic,~tr. Manner of 19/ transmittinq letter J of request by Lokayukta. For the purpose of procuring· material' evidence required for preliminary inquity .and investigation: by the l.okayukta or authorized officer of Lokayukta from a Speciaf Court or contracting Staie, the Lokayukta may .Iransrriit: letter of request in sealed envelope through arr-officer-authorized in that behalf or in such other mode. likefegistered post, speed post or email. · · Removal of ·· 20. (1) Chairperson or any Member of the lokayukil:a. The Chairperson or a Member of;fhe Lokayl.ikta shall be removed by order of the Goverri6r/;after:afef~rence is made In that behalf -to. GaLihatHlHigh Co;cirt .• by the Governor on· receipfofpetition;signed;by atleasttwenty Members of the Legislative Asserribly'.on the'.grounds of misbehavior, and thereafter the\inquiry. shall be conducted by a Committee consistinqof three.members headed preferably by a ·_Sitting:iudge.'.:o(G'auhati High Court. The·.•Principa1·sec;retary/CommissionefkSecretary (Home) .of the Government ofAruniithalPradesh shall be the seco: «t member of the. .sald committee.; and the third member shall be nominated. by: the State Government. The Committee :shaJIC have .powers to regulate Jts own procedures in:makfrigJhe investigations and shall giv(~ a reasonable opportunity to the Chairman or the Member of cross-examination of · witness, adducing evidence and of beinq: . .his .defense; . At the conclusion; 1:1a Committee. shall isubmit its report to the Governor stating therein itS;findirjgs onCeach. of the charges,with such observations:pn'.thefyvhole'case as it thinks -fit. If the findings~or :repbrttof:tne.investigation prove the misbehavior: :bf .the,):;fo:1Trperso"n!:'.Or such Member, as the case rnay be;.Jie shall ·be .,removed accordingly: Section 31 (2)and 57(2)(f) Section 36(2) and 57(g) Section 37(2) and 57(n) _____ Qi) (2) The Governor may, by order remove the Chairperson or a Member after affording reasonable opportunity of hearing to him/her and adducing evidence, if he is,- (a) adjudged an insolvent; or (b) engages himself during his term of office, in any paid employment outside the duties of his office; or (c) is in the opinicn of the Governor, unfit to continue in office by reason of infirmity of mind or body. The Form and time of preparing in each financial year, the budget for the next financial year, showing the estimated receipt and expenditure· of. the Lokayukta, shall be in the like. manner prescribed and followed by the Finance Department of the'State Government. -- -~· ·-·--- -·---···· The /-\runachal Pradesh Elcfraordinary Gazette, July 3, 2018 -. ,. --·-- ·------------······--- · !tonn for ll)l!'elJ)aring annual !tmdlget statement ~JY estima1te and e:iqpendlitme of tokaiyu!ctai. foli'm foli' u-ua;aiin1\emmce of aCICOl.!R''itS and 'i1Lm1ishung of return and annual s~zitemel!lt: of .a1cco1.mts by Loirnyl:Jicta. Form f10111" return of assets and liabilities by pi,J:biic seirvant. Exemption of rpilUlb!ic servant from furnishing information of assets- !Form for oath and ~f:iirmation of Chairperson and Ute Members of Hi.e Loiu~yuil<tai. zt. (1) (2) The form of maintaining the accounts and other relevant records and the form of annual statement of accounts shall be in the like manner prescribed and followed by the Finance Department of the State Government. 22. Every public servant .snau submit to the competent authority, tne Return of Assets and Liabilities on First Appointmf nt and thereafter Annual Return. of Assets and Liabilities on First Appointment or as on the 31st March of every year as referred to in Sedioil 44 of the Act in Form-VIII, Form-VIII-A,,Form:Nlll~B;,Form-Vlll C and Form-VIII-D, within a period of thirty ·days from the date on which he makes and subscribes an oath or affirmation to enter upon his office and on or before thirty-first July of that year respectively. (2) The competent authority may verify the correctness of the statements submitted by public servant under sub- Rule ('I) al')d fer the purpose of such verification, the competen': authority may conduct such enquiries and call for such ,: etails, as may be necessary, from the public serva,1t concerned and ·from the : concerned departmerh o. other authority. ( '\) 23. (3) If the competent authority has reason to believe that the public servant has failed to file the statements as specified in sub-Rule ( 1) or has filed the statement after the due .date, without sufficient\c?use, .or .has filed false or incon ect statementSi it shall be the duty Of Jhe competent authority to . report <th.I? . matter to the Chairperson or the Member of the'.Lokayukta as the case may be. The competent authority may condone or exempf the public servant from furnishing information in respect ofassets not exceeding two mor.ths' basic pay .o(Rupees Two Lakhs whichever is less for sufficient and Justifiable cause and reasons thereof :,hail be recorded ln writing for further inquiry or investigation,, as may be deemed /appropriate to the Lokayukta. The Chairperson and the Members of the Lokayukta shall, before entering :.'o·: n their office, make and subscribe before the Governor, an · .ath or affirmation in the form set out in the Schedule to tnes · Rules. 24. Section 40, Section 42 (1 ), Section 43 and 57(2)(h), (i) & U). Section 44 (4), 44(5) and 57 (2) (k) and 57 (2) (I) Section 45 Proviso and 57 (2) (m) Section 5(2) :_; -~r--------~ Arunachal Prad __ e_sh_E_x_tr_ao_r_d_...:i11_a_rv_G_a_z_e_tte_,_J_u_lY __ 3_,_2_0_1 __ s ~ Riesidi(uo:11iry' poWte\1"5- of to!rn1r1J1Mai .. 25. ('I) Subject to the provisions of the Act, the Lokayukta shall have the po~ers to regulate the conduct of proceedings, investigations and inquiries in all matters not specifically provided in these rules. (2) The Lokayukta may, by order not inconsistent with the Act and these rules, provide for matter for which no provisions have been made in these rules and may give such directiOns as may be necessary for giving effect to the provisions of the Act, the rules and such orders. Section 57 (2) (n). . . . Dr. Ashish Chandra Verma, IAS Commissioner (Home), Government of Arunachal Pradesh, Itanagar. _.,.....·--··-· The Arunachal Pradesh Extr~<:.~_d_in_a_ry_G_a_ze_t_te_,_J_u_ly_3_ , _2 __ 0 1_s 9 ~ FORM-I ~ [See Rule3 (1)) FORM OF COMPLAINT BEFORETHELOKAYUKTA,ARUNAHCALPRADESH . son of/ daughter of/ wife of . •• Complainant. (Add. description of profession, residence etc.) In the matter of allegation against : son of/ daughter ryf/ wife of . ................................ h·olding the office of , .. . . .. .. . . . . . . . . . .. .. . .. .. . . at. .. ······················································· The above named complainant is satisfied thal the aforesaid public servant,----- (i) has l<nowingly and intentionally abused nisposition as such public servant to obtain any undue gain or favour to himself or to any other person or to cause undue harm to any person; and/or (ii) was actuated in the discharge of his functions as such public servant by corrupt motives; and/ or; (iii) is guilty of corruption; and/or (iv) ls in possession of pecuniary resources - or property disproportionate to his known source of income and such pecuniary resources er property are held by the public servant personally or by any member ofhis family orby some other person on his behalf. (Strike out the clause or clauses not reievetn to the·tomplaint) To support the allegations the ornplainant relies on .the following facts and is also filing an affidavit:- . ('1) (2) (3) (4) The complainant has/has not for the same matter resorted to a remedy by way of proceeding before a tribunal/ a court of law/ an authority empowered to .decide the matter particulars of which are as under.- (give patticulars and result, if any) The necessary deposit of Rs. 1000 has been made by affixing judicial stamps of that value on the complaint or application f ,r partial/full waiver has-been attached. PRAYER It is. therefore, prayed that an inquiry be made against the said public servant. Signatµ.re/thumb mark of the applicant. . .. ; ~ .. ; . : : ~ . •·. : ·. ~--.. . . . . VERIFICATION I. son of/daughter of/wife of :.:resident of hereby verify that the facts stated by me in Para from to in the complaint are true to rny personal knowledge and/or the facts stated by me in Para from .. .• to : .. are based on · .c • t· · d f m (qive then ame) -a no / or cecum ents and the same are 1111or111a 10n receive ro .. . .. .. .. . . .. . . . . . · - believed by me to be true. . Signature/thumb mark of the appli:::ant. . ········ ········ . The Arunachal Pradesh Extr~ordinary Gazette, July 3, 2018 .. ---·•··------· FORM-IA [See Rule 3(1 )] FORM Of COMPLAINT BEFORETHELOKAYUKA,ARUNACHALPRADESH Complainant Shri/Smti/1\/liss son of/ daughter of/ wife of . (adci description of profession, residence etc)'- (a) Mr//Vls Son of/Daughter of/Wife ot : . (b) Designation (c) Address .. ············ ················•····························· ····················································· (a) JV/11/ills Son of/Daughter of/Wife of ." . (b) Designation (c) Address .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ·, . (a) Mr/Ms Son of/Daughter of/Wife of : . (b) Designation .(c) Address .. ················································································································· (a) /Vir!Jllls Son of/Daughter of/Wife of : . (/J) Designation (c} Address .. ·················································,······················································· (a) IV!r/fVls Son of/Daughter of/Wife of . (b) Designation (c) Address .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ·: · : . The above named complainant is satisfied that the aforesaid public servants: have knowinqly ·and intentionally abused their positions as such .to obtain any undue gain or favour to themselves or to any other person(s) or to cause undue harm to any person(s); and/or was actuated in the discharge of their functions as such· public servants by corrupt motives; and/or a1·e guilty of corruption; and/or are in possession of pecuniary resources or property disproportionate to their known sources of income and such pecuniary .resources or properties .are held by the public servants personally or by any member of their families or by some other persons on their behalf. (Strike out the clause or clauses not relevant to the complainant) .. · To support the allegations the complainant relies on the following facts arid is also filing an 3ffidavit: ('i) (2) (3) (4) Tile complainant has/has not for the same matter resorted to a remedy by way of proceeding before a tribunal/a court of law/an authority empowered to decide the matter particulars of which are as under (give particulars and result, if any). The necessary deposit of Rs. 1000 has been made by affixing judicial stamps of that value on the complaint or application for partial/full waiver has been attached. PRAYER . ·. It is, therefore, prayed that an inquiry be made against the said public servants. Signature/thumb mark of the applicant. . . ································· VERIFICATION I son of/daughter of/wife of., resident of.. .. .' , ~.: hereby verify .tnat the fasts stated by me in Para from to in the':complaiilL?re true to my personal l~nowledge and/or the facts stated by me in Para from ........•..... to .iare based on information received from (give U1e name) and/ or documents and the same arebelievedbyrneto be true. Signature/thumb mark of the applicant. ··························· ·························· -,=~·~ -··~ ,:: _ ·==-=- ··· -:-- . ------ < • ---·~'- .. ----·~ The Arunachal P_~ cycraordinary Gazette, July 3, 20'18 FORM~ Ii [See Rule 3(1)1 Mote:- This affidavit should be got prepared on a non-judicial stamp paper worth Rs. moo and then it snould be got attested from a notary or an Oath Commissioner or Magistrate 1st Class/Executive Magistrate. FORM Of AFFlQAVff !. Son of/Daughter of/Wife 1)1' Shri : .•.......... :. . F'roFession ResidHJt of . P,'3 Tehsil · , : . , . District. do he·:>.by solemnly affirm and state as follows:- 1) That I an, the complainant in this case; 2) That the statements of this complaint have been read by/read over tome and understood/ heard by me and that these are true to the bes of my Knowledge and belief; 3) That the facts stated by me in Para fro•" ... _. __ .... . __ to _,. . ._are .true to the best of my knowledge and belief and the facts stated by me in para from to are based on the information given to me by shri and /or documents which, I believe to be true. 4-) That I have read and understood the provisions c Is 46 of theA. p _ Lokayukta Act, 2 O 14 Signature/thumb mark of the Oepor.ent. ................................ Place . Dated . Affidavit swom before me Certined that the above avermen: ws · declared before me on · oath/affirmation this ... __ _ . -----· ... day ot.... .. . .. .. . . .. zr __ .. at. : .. _ .. in tne District of... . - . by Shril Smt.!Mi:;s __ ---------------------------------·-··-·· --· --- - who was identified by Shri!SmtVMiss __ .. _. _ _. _ .. _, __ . __ . . __ .:. _who)s personally known to me The contents of the above affidavit have beOnread over and explained to the deponent who admitted the same to be correct and true. Designation and seai of tr.e authority before whom affidavit is sworn ···························· ························································ Place . Dated . '''~"""""',..,.,,.~~--------- rmiM - Iii [See Rule · : ~·\) and (2)1 FORM Of CERTIFICATE TO BE GIVEN BY J!iE . •FFICE OF JHE:lOKA YUKf />., TO A PERSON FOR RECORDING EVIDENCE BEFORE LOK"AYU~T A ,.... . . 1. Certified that shri/SmVMisL _ . _ .. _. . . . . : _. __ . __ . . _ : .- . • .was summoned to give evidence before the Lokayukta in his /her publiclfirivate capacity in case oL . : - ... : . - . . . . - .. - - .·. - ... - .. and was required to attend tor a period of.. __ _ _ .. - _. _... . . ', ··:--: >- - .. _ - . - - - .. - .oays i.e., from ............................................... to: :: .. : · · 2 Further certified that he has been paid ti<_e foiiu,smg _amounts •in accoCdance with the rules for attending the office of the Lokayukta for tne '.·'Jrpose: (i) Travelling Allowance Rs. . . _ (ii) Subsistence Allowance Rs._..-:.-- _ Place . Date . For: Lokayukta Arunachal Pradesh . ,, , .... ~ ' .. The Arunachal Pradesh Extraonrnary Gazette, July 3, 2018 -· ·-·····. ··--·· ··-·---·-··-··----·---------- .,.,_.., FORM NO, , iV [See Rule·; 3)] OFIFICE OF THE lOKAYUKTA., t-.RUNACHAL PRADESH Proceedings f\Jo ................•.. Da1:ed. To Shri/Smti/lVliss . lr:;.t:.'\·'"·- \ ..... ! . Your complaint dated . Your complaint dated :against Shri/Smti/Miss : is found to be deficient in the following particulars. You are hen:':y requested to supply the omissions and rectify the defects mentioned below within ten days after r~,~:eir-t or this communication, failing which your complaint will be disposed of on the basis of the available ·;1aterinl: Particulars:-- t Complaint not made in Form No. I/Form IA. 2. Prescribed fee of Rs not paid. 3. Complaint is not signed by the cornplainaut. I!. Affidavit of the complainant in the prescribed for and/or of the witness not enclosed. 5 Name, designation and address of the public sc · ant complained against not furnished. 6. Documents relied upon or true copies the sof but notin the custody and control of the complainant not enclosed. 7. Particulars of documents relied upon but not in the custody arid control of the complainant not furnished. ti. R,equil·ed sets of copies of affidavits and documents not enclosed. 9 Other reasons: Yours faithfully, .· Secretary · For Lokayukta, Arunachal Pradesh. FORM NO. -v· [Se,i Rule 3(5)] OFFICE OF THE LOKAYUKTA, ARUNACHALPRADESH·. Proceedings /Vo . Datecl . . . To Shri!Smtil/Vliss . your complaint dated................................. .. ~ontaining certain allegations against Shri!Smti!!Vliss • is rr:i .cteo forthe reasons mentioned below:- Reasons for rejection of the complaint: i. The defects and /or omissions pointed out :11 Preer :lings No · Dated . have not been rectified and/or supplied. 2. The complaint does not disclose an allegatiim.which cari be investigated b{the Lokayukta. 3. There are no sufficient grounds for investig2.ting the complaint. 4. Other remedies are available to the complainant arid in the circumstances of the case it would be more proper for the complainant to avail of such rer=edies. . ' •• .. • ... -----:·· The Arunachal Pradesh Extraor .. nary Gazette, July 3, 2018 13 !)_ The public servant against whom the complaint is made is not one in respect of whom a complaint can be entertained by the Lokayukta. The complaint is made after the expiry of 7 (seven) years from the date on which the action complained against is alleged to have taken place (Section 52 of the Act). An earlier complaint based on the same allegation (s) as those made in the present complaint was previously disposed of by the l.okayukta or any ,;.:her authority through Proceedings No . Dated. .. ... .... . ...... ... · The prescribed fee of Rs has not beer paid. fl. 7. () Q. Yours faithfully, Secretary For Lokayukta, Arunachal Pradesh. FORM -VI [See Rule 16(3)(a)] PROCEEDINGS OF THE LOi(AYUrt:T A, A~UNACHAL PRADESH. i\lo . Dated . ro. Shri/Shrirnati/Miss . . , Reif: .. Compiaint No of, 2! . . . After conducting a preliminary verification -int the- above complaint the .Honourable· Lokayukta proposes to conduct an investigation into it. So, you arehereby afforded an opportunity to offer your comments on: (i'. The complaint, dated sent against. you by Shri/Shrimati/ !Viiss a copy of which is enclosed herewith along with copies of affidavits produced by the complainant; . . (ii) The enclosed statement containing an alleqatio> against you, which the Hon'ble Lokayukta has on its own motion proposed to investigate fo: the ·grounds mentioned therein; (iii) The action in respect of which His Excell2ncyth~1 Governor of Arunachal Pradesh has required the Hon'ble Lokayukta to conduct an investkration as per the enclosed copy. You may, therefore, submit your cc.nmer.:s as a aforesaid on at 10.30 AM. before the Hon'ble Lokayukta at its office -togetrwr with such affidavits of witnesses and documents in the original and three sets of copies ti· ereof, r;; you may desire to be, examined and considered before further steps in the investigation a.e ordc ,:,(l You rnay engage another public servantor ' legal praditiorier:!orepresent you. If you fail to appear in the aforesaid rnanr . s: and submit~yo~~ comments as aforesaid, further investigation may be proceeded with on the basis of the material available: Secretary, Lokayukta, · Arunachal Pradesh. ; .. j The Arunachal Pradesh E)ctraordi: 1ry Gazette, July 3, 2018 ... •----- .. ----yJ:------- .. . ' FORM-VII [See Rule 16(1)1 \FORNI IFOR SUIVIIVIONING o= PERSON(S) AND WITNESSES. lo .' ·-::>F -, •••••••••••••••••••••••••••••• W\1ereas, complaint has been made betor' 1,e Le,i 2yukta that. (name of accused)... . . . . . . . . . . . . . . . address... . . . . . . . . . . . . . . . ...............•.................................. committed the offence of .and it 8ppears thaLyou are .likely to give material evidence or to produce any documents or other F1i·1gs fer proceedings/prosecution. Signature . You are hereby summoned to appear before .on the day . of to produce such evidence or documents and iestify what you Know concerning the matters of the said complaint and not to depart thence without \eave of the Lokayukta. Dated this _ _ day of _ . Yours faithfully, Secretary _ For Lokayukta, · .Arunachal Pradesli. ,·,;-,,--'"''" ... ...-,,,,•== .. ~----------- ... ·-----~ .. ~------------------ Return of Assets and Liabilities on First Ap0•Jintment or as on the 31'' March, : (Under Sec 44 oMhe Arunachal Pradesh Lokayukta Act,,2014) FORl\11 •,:Ill (Ru\E: '2) ., "-· Name of the Public servant in full (in block letters) (a) Present public position held (Designation, name and address of organisation) (b) Service to which belongs (if applicable). ················································································· 'I. ··········································································· ................................................................. ································································ . ······ . I hereby declare that the return enclosed n. ciely, ·forms·VIII-A t0VIII-D11re complete, true and correct to tM best of my knowledge and beliOf, in "' , oect of inf6rniation due to be furnished by me under the provisions of Section 44 of the Arunachal Prade- , Lokayukta Act,.~Q14. [,cCLP HA TION Date . • In case of first appointment please indicate date of appointment. Nole ·I. This return .shall contain particu1a,·s of all assets and liabilities oDhe public .servant either in his/her own name or in the narrv- of arr: other person: The .return should ·include details in respect of assets/liabilities of spo<·3e a, depc.odent children as provided in Section 44 (2) of the Arunachal Pradesh Lokayukta Act, 2C, '"·· ................................................................................... - ( Section 44 (2) : A publiC servant shall, oi'\hin a p oriod of thirfy -days ifroni th0 date on which -he makes and subscribes an oath n aff11 ,,,,lion to enter open his oftici,, furnish to the competent authority the information i'e\atirr to- (a) The assets of whic;-, ne, h 3poose and his dependent children are, jointly or severally, owners or benc -tanes: The Arunachal Pradesh Extraord.•1ary Gazette; July 3, 2018 i' 15 ·------· ------------------ (b) His liabilities and that of n.s spoi.se and his dependent children.) l\iiok 2. If a public servant is a member of Hindu Undivided Family with co-parcenary rights in the properties of the family either as a 'K-nia' or as a member, he should indicate in the return in Form No. Ill the value of his share in .uch property and where it is not possible to indicate the exact value of such share, its appro,i·nate value. Suitable explanatory notes may be added wherever· necessary. Note 3: "dependent children" means sons an.d daughters who have no separate means of earning and are wholly dependent on the public servant inr their livelihood. (Explanation below. Section 44 of Arunachal Pradesh Lokayukta Act, 2014). ·-------~-------~------ FORMV!LA DETAILS Of PUBUC SERVANT, HiS/HER~;..,ousE AND-DEPENDENT CHILDREN. ··----··· Public position Whether return Name . being filed by held,if any him/her, separately. ------·· --··- ·----- -·- ------· --- --.------ ···-- - . ['--·---1-·-·----- T----· I S,I. I ! 1,io. i 1 ! \---·----· ·-· ---·- \ !. Self ·-------------·--------------- 2 Spouse \_.---~·-------1------· l ! I 3 .\ Dependent-1 I I j--·- --- --·--\---------------- --- \ I 4 Dependent-2 I ----- -- -·--···---------·· ---· -- --- ------ ·-·~~--p-e-nd_e_.n_t--3--'------ ''Add more rows, if necessary Signature . Date. . . •• .. . The Arun2chal Pradesh ElCtr:;ordinary Gazette. July 3, 20'!8 FORl\i\· VIII-B STA lrEMENT OF MOVABLE IPROPEf:TY ON FIRST APPOINTMENT OR AS ON THE :!-1st M1ARCH, 20 . (USIE S\EiPAfRAli"E SHEETS FOR SELF, !FOUSE AND EACH DEPENDENT CHl!..D) i\iame of public servanUspouse/dependent chi1d:_ .. ------------ 1 · - · - - - - - - - -·, ----------- 1 SL l\ki Descrlptlon i--·-····--- ·------ [ (ir' Cash and bank balance: i--------·-,------·--- , (ii)** -I ln.surance (p~emia paid): ' 1---~~~~~R~curnng D_:pos1t (s 1-~:~~-=~~-o n d ~- _ I Mutual Fund(s) 1-~;~~i~~--~;~~~~-dent Other investments, if any: ·---------------------- I 1_--M· Jewellery ; [Give details of approximate i .. j of gold and precious stones ! siiver).] I .. -----··---------------- ! I Gold: I. .. ----··-·· __ J _ \ I Silver: l--------+---------- 1 1 Precious metals and preciou \ \ Composite items 1 (indicate approximate value I 1---- 1 (vi) I i I (iii) (iv) i ·------ ... ·-·-- .. Remarks, if any ---··---- ): I· ·-··--·· -· ·--- Fund: '} ---·-· ···---· en to any perscn or entity including firm, er rece.vable- from debtors and the nths basic pa/ or Rupees onelakh, as the --- ake, req:stration number, year of purchase weight (plus or minus ·10 gms. in respect ; plus or minus 100 gms. in respect of ----·--·- .. I - - i l ' I -------·- ! s stor os: ----- )*'·* ···---- ils of movable assets not covered in (i) to ts I ., ..... I .. ·j set. only if tr - total currentvalue of any I ular cz,tegor.r ( e.g .. fLJ;"; .iture. fixtures, I xcee- !~ twc , .onths basic pay or Rs. _J e.] . ·---·---· Personal loans/advance giv company, trust, etc. and oth amount (exceeding two mo case may be): --------- Motor Vehicle (Details of m and amount paid): Any other assets [Give deta (v) above] (a) Furniture (b) Fixtures (c) Antiques (d) (e) (f) Paintings Electronic equipmen Others [Indicatethe detailsof an as particular asset in any partic electronic equipments, etc) e 1.00 lakh, as the case may b Date . Signature .. ·''Details of deposits in the foreign bank(s) to bt~ qive ·, separately. · · '·'' Investments above Rs. 2 lakhs to be report ~::l irio.vidually. tnvestmentbelow Rs. 2 lakhs may be· reported together . . ,,,,,, Value indicated in the first return need not be revised in subsequent returns asJong as no new composite item had been acquired or no existing items had been disposed of, during the relevant year. ... .... , The Arunachal Pradesh Extrar "nary Gazette, Juiy 3, 2018 if) >- 0) t C (I) -0 Q. 0 :::l L... ..0 o, u l:i C (I) cu -0 ~ C U) -0 m (I) C L... ~ 4-- Q) 0 ...... 4-- C 0 (I) 4-- U) Q) (\l o U) o cu C 0 C Cl) ...... C -i:; >< - C Li.! "O (U C - ~ 0 ..... ~ 0 :::l m ·cu (I) L... z <( Q) >, ..... ~ j u; ' .. .. ' C ':'.L ,._;. CU ... C - .,, cu·· (. ~ C: a.: ' ') u ... : . Cl) C -~_i UJ C 0 ;E ... U) :::l O" l) •. "j 4-- 0 Q) +- (~ ~ - l,)- ID <L> 0 ..c U) U)-0+-' (U_ C_c..- ~ 'iij cu~ Cl) Cl)-m~:s:'5 O)u Cll >.Z CU£-oCCl) .g> -~ "O co Q) . 0 ~~ U) § E Q) ..., 'Q).:.:; E .-o C U) ·- - cu ~ cu cu .!!.! Q) . C ·- ',:, .0> ·:::l .U) ::i ··C:.. - O" ·CU "O O" <L> 0. o .ccoUJ·-cu .~CUCU+-'~4-- .:::i,,...._ E ill w 0 o.~oEEcn >, ·- ..c . Q) 0 ..o-~5Eoo L... n, Q) C 0>1:E>O~ :S ...... o·o O·cu Cl)~~(:)U),...._ ..coUJ<L>-c5 :S:+-- c..c5l o -:t:: o ........ ·1- ID urn~-<L>.o <L> -(1)00. ·3 8 -2- cc o-cc.Qo ucuo-UJ m +-' U) U L... w ·;:: L... Cl) Cl) 5 Cl) .Cl) C 0. o..co.§ I .S 0 17 +- l 0 C Cl) ,...._ :JU ro 2 > (U - 0 Uu ~ C Q) Cl) ~.o -;:: >, t cu w E 0. <L> 0 ::i o. ro Cl) > ..c >< ..... 0 4-- L... 0 0. Cl) 0. ::i cu CU C > 5 co Cl) C U) .Y. ~ o, >, t Cl) 0. 0 L... 0. Cl) . :S E 0 L... - Cl) t= 0 0 C cu :::l C C (U ~ ~ U) .Y. L... (U t;: 0) 0::: 7 +------1---------l-----+--'---- 12 ·-···· -----1-··· .. __ --------- ·-·-- -· 'i j 2 J 4 5 6 : . I -J ---1-· I i [ ! :- - ~.-····--1----- -----1-- --------~---- - -- 1· .-:----/-------- ·- 1--- --1- . . ·.- ·-i----l------1·-·---1--'--·- ·- t ; -- ----- [____ - - -- . -- _ __L+-- __ -+- _L- .. _· . - _ ~----+-1--___.j Date . 8 9 10 11 e-------t----1--------+---f---+---I · Signature .. Note (1) •· For purpose of Column 9, the term "leas- !;ould moan a lease -of irrirnovable property •rom year to year or for any term exceednq ,or- year er re>servirig. a yearly rent. Where, however, the lease of immovable. property is ·~btai, '"'d from a person having official dealings with the Government Servant, such a lease should be shown in this Column .irrespective of the term of the lease, whether it is short terrn or :ong term, and the periodicity ofthe payment of rent. FORM-VIII-D $to31teme111t of Debts and Other li?.bilities ,:;n flrc;t appointment or as on 31st March, 20 . I r-·-- ·-··---1-·. -- ·------------·- Name ;~Act -1-·- . -N_a_t_u-re_·_o_f -~--------·--· SL Debtor (Self/Spouse or addn~··~- of.· _ debt/_liability and Remarks. !\Jo I dependent children) . Cre,:,.,1r µ'.amount / r~---,- 1 - . ~---------..::_ ... ---!---~~=~ : -- . ;.:__.~ _4 '----l-----5------1 1->J -·-·;~-·-J· ---·--------~----·--·· .--:_,_;:-~-~~~~~~~~~~~~~~~-:~~~~~-- __ -_-_-::_- _ i-<--l------- --+' -~-. !------···-·+-----------·- --------1---------1------1 t--:-1-- t-· ------:---'------"- · .-\----1 I .--~-------------·- . .L.- ---··--·-_J __ ~ __ .,__ _ Date . ·-----1-··· ! Signature . Note 1: Individual items of loans not exceeding twr · .:.,onths Jasic pay (~he.re a·pplicable) and Rs. 1.00 lakh in other cases need not be included. · ~, , 2 -rhe statemen'c should inciude various loaris ,i ~d adva~·;ces(exceeding the<value in Note 1) taken 1\1m:e .: from banks, companies, financial institution: -::entr:::.:/State Gdvetriment and from individuals. ! ~ ~ ·1 i\ The Arunacnal Pradesh Extraordinary Gazette, July 3, 2018 ~ ~-----~·-----· ! ,, ... SCHEDULE ' . . . . [See Section 5{2) of the Arunachal Pradesh Lokayukta Act, 2014 & Rule 24] .. .. .. .. .. .. .. .. .. .. .. .. .. .. ...... having been appointed Lokayukta/Member of Lokayukta do swear in the name of God/solemnly affirm that I will be :~ true faith and allegiance to the Constitution of lndia as by law established and I will duly and faithfu .y and to the best of my ability, knowledge and judgment perform the duties of my office without fear or .avour, affection or ill-will. Published and printed by Directorate of Printing, Naharlagun.-490/2018-DoP-250+Commr.(Home)-100° 7-2018.

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