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Uttarakhand Lokayukta Bill 2011 explanation.

Uttarakhand Lokayukta Bill 2011 explanation.

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Published by Ankit Krishna Lal
A brief explanation of the 2011 Uttarakhand Lokayukta bill.
A brief explanation of the 2011 Uttarakhand Lokayukta bill.

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Published by: Ankit Krishna Lal on Nov 02, 2011
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11/05/2011

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UTTARAKHAND LOKAYUKTA BILL 2011
Who are covered under Lokayukta?
Public Servants (As defined under Section 2(C) of Prevention of Corruption Act, 1988)
Accordingly, following will come under the purview of Lokayukta(i)Chief Minister (ii)All Ministers in the Council of Ministers
(iii)
All MLAs (subject to Article 194 of the Constitutionof India)(iv)All Government servants of Uttarakhand (Includingall India Service Officers)
While lower Judiciary will be covered under Lokayukta, Judges of Uttarakhand High Court will not be under the purview of Lokayukta.
Former Chief Ministers, former Ministers and retired officers willalso be under the purview of Lokayukta.
Public Servants will also include persons getting pay or salary or fee from the State Government like
(a)
Elected members and employees of Local Bodies(b)Elected members and employees of co-operative Societies
(c)
Public Undertakings, Corporations, Development Authorities,Boards, Government Companies, Commissions, etc.(d)State Universities
(e)
Other State institutions receiving financial assistance from theGovernment.
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Composition of Lokayukta
Lokayukta is a ‘Body’.
Lokayukta shall consist of a ‘Chairperson’ and 5 ‘Members’ (may be increased up to 7 as per need and requirement)
Half the members of Lokayukta shall have a legal background andshall be persons of impeccable integrity and outstanding ability.[Legal background means that the person is or has been a Judge of the Supreme Court or a Chief Justice of a High Court or a Judge of a High Court or should have been an Advocate in a High Court or the Supreme Court for at least 20 years]
Remaining half members of Lokayukta shall be persons of impeccable integrity having experience of not less than 20 years in public service or investigation or vigilance or anti-corruption or governance or management or finance or journalism or massmedia.
The Chairperson shall be a person of impeccable integrity and a person of eminence in public life with extra-ordinary ability. Heshall also be a person with extensive and outstanding knowledge of law.
The chairperson and the members of the Lokayukta shall beappointed by the Governor as per the recommendation of aSelection Committee.
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Selection Committee for ‘Chairpersonand ‘Membersof Lokayukta
The Selection Committee shall consists of the following:-(i)The Chief Minister of Uttarakhand Chairperson of theSelection Committee.(ii)The Leader of the Opposition in the Legislative Assembly of Uttarakhand.
(iii)
Two Judges of the Uttarakhand High Court selected bycollegium of all judges of Uttarakhand High Court.
(iv)
One person from previous Chairpersons of Lokayukta (who isthe senior most Chariperson) appointed under UttarakhandLokayukta Act, 2011.
(v)
2 members shall be selected by the other members of theSelection Committee [(i) to (iv) above] from amongst the retiredChief Justices of India, the retired judges of Supreme Court, theretired Chiefs of Army, Navy and Air Force, the retired Chief Justices of High Courts, the retired judges of High Courts, theretired Chief Election Commissioners of India, the retired Chief Central Information Commissioners, the retired Chairperson of Union Public Service Commission, the retired CabinetSecretaries of the Government of India and the retiredComptroller and Auditor Generals of India with reputation of impeccable integrity, who have not joined any political partyafter retirement and who are not holding any office under anygovernment.
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