Complaint and registration of complaint by Lokayukta .

30fc4f6de5888ffff1f988372a37b633020f54ce · 2014 · Arunachal Pradesh

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Parent: The ARUNACHAL PRADESH LOKAYUXTA ACT, 2014 (5da91ba5c61a5cff55eedbbf96f1adaa8d2d659b)

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/ Complaint and registration of complaint by Lokayukta . 3 . 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 , n namely- Short title and · commencement 1 . These · rules may be called :the " Arunachal Pradesh Lokayukta Rules , 2018 " . They shall come into force on the date of.their publication in the Official Gazette . Definitions . 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) 'o ' of the Act. (c . ) " Form " means form appended to these Rules . (d) "Secretary " means Secretary of Lokayukta . (e) " Section " means sections of the Act. 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. 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 , -(1) (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 compla

Rule TOC

2 · . (1) In these rules , unless the contextotherwiserequires , -

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 .

5 · . A member ot-the Search Committee; intiading · its Chairperson . shall hold office till the submission of panel of names .

7 · . If a member intends to be -absent from . lndia orArunachal Pradesh for a continuous period exceeding three months , he shall tender his resignation .

4 · (3)

4 · (5) and 57 (2) (b)

4 · · (5) and 57 (2) (b)

57 · (2) (c) & (n) , 1 o (3) & (4) .

20 · , 27(1) and 57(2)(d)

18 · .

20 · . (1) The Chairperson or a Member of;fhe Lokayl.ikta shall be removed by order of the Goverri6r/;after:afef~ f~ 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 -f -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:

31 · (2)and 57(2)(f)

40 · , Section 42 (1 ) , Section 43 and 57(2)(h) , (i) & U) .

22 · .

23 · . 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 .

44 · (4) , 44(5) and 57 (2) (k) and 57 (2)

45 · Proviso and 57 (2) (m)

25 · .

57 · (2) (n) .

1 · • t· · d f m (qive then ame) -a no / or

9 · ~

2 · . Prescribed fee of Rs not paid .

3 · . Complaint is not signed by the cornplainaut .

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 .

9 · Other reasons:

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 .

1 · , 20 .

1 · ,

1 · i\