Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    Lokayukta Gazette 2020

    Uploaded by

    bichitra_mohapatra11547
    Lokayukt

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Lokayukta Gazette 2020

    Uploaded by

    bichitra_mohapatra11547
    13 views17 pages
    Lokayukt

    Original Title

    Lokayukta-Gazette-2020

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Lokayukt

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    13 views17 pages

    Lokayukta Gazette 2020

    Uploaded by

    bichitra_mohapatra11547
    Lokayukt

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 17
    The Odisha (gt) G azette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1215, CUTTACK, THURSDAY, OCTOBER 01, 2020/ ASWINA 9, 1942 GENERAL ADMINISTRATION & PUBLIC GRIEVANCE DEPARTMENT NOTIFICATION The 4st October, 2020 S.R.O. No.211/2020.— In exercise of the powers conferred by Section 57 read with clause (4) of sub-section (1) of Section 2 of the Odisha Lokayukta Act., 2014 (Odisha ‘Act.12 of 2018) and in supersession of all rules issued in this regard under the Odisha Lokpal and Lokayuktas Act., 1995 (Odisha Act. 8 of 1998) so repealed, except as respects things done or omitted to have been done before such supersession, the State ‘Government do hereby make the following rules, namely: — 1. Short title and commencement.— (1) These rules may be called the Odisha Lokayukta (Procedure of filing of Complaint) Rules, 2020. (2) They shall come into force on the date of their publication in the Odisha Gazette 2. Definitions.— (1) In these rules, unless the context otherwise «requires, — i (@) “Act” means the Odisha Lokayukta Act., 2014 (Odisha Act. 12 of 2018); (5) “complainant” means any person who files a complaint under clause (4) of sub-section (1) of Section 2; (@) “form” means a Form appended to these rules; (d) “offence” means an. offence punishable under the Prevention of Corruption Act., 1988 (49 of 1988);and (2) “section” means a section of the Act. (2) All other words and expressions used but not defined in these rules shall have the meanings, respectively, assigned to them in the Act. 3. Form and manner of complaint. - (1) For the purposes of clause (d) of sub- ‘section (1) of Section 2 of the Act., a complaint shall be filed in Form-A. (2) A complaint shall be filed in any of the following manner, namely: — () Electronically, in the manner, as laid down by the Lokayukta; or (ii) by post; or (ii) in person: Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokayukta within a period of fileen days from the date of filing Provided further that the Lokayukta shall: not keep. the said complaint, received electronically, as pending, f the same is complete in all respects. (3) A complaint shail contain the details of allegations about commission of an offence by the public servant. (4) Every complaint under the Act shall be made to the Lokayikta in Odia or English language. (5) The following documents shall be appended to the complaint, namely: ~ (2) copy of the identity proof as specified in the form of complaint; (0) registration or incorporation certificate of the organisation, on whose behalf the complaint is being made, if tis a board, body, corporation, company, limited liability partnership, authority, society, association of persons or trust; (C) copy of authorization ceriffcate in favour of the sigriatory i the compiaint is being made on behalf of the board, body, corporation, company, limited liability partnership, authority, society, association of persons or trust (4) an Affidavit in the form as specified in the Part D of Form A: and (€) duly signed detailed statement making out the allegation. (6) The complaint fled against a public servant referred to in clauses (a), (b) and (c) Of sub-section (1) of Section 14 of the Act. shall be decided by the bench as referred to in sub-section (3) of Section 20 of the Act, in the fist instance, at the admission stage. (7) The Lokayuita may seek such other information ‘end affidavit relating to a complaint, as it deems ft, from the complainant. 4. Processing of complaint. — (1) The Lokayukta may process a complaint in the following manner, namely:~ (@)protect the identity of the complainant and the public servant complained against til the conclusion of the inquiry or investigation Provided that the protection shall not be applicable in cases where the complainant himself. has revealed his identity to any other office or authority while making a complaint to the Lokayukta: 3 (b) protect the integrity of the process of inquiry or investigation (€) dispose of the complaints, in timine, on any of the following grounds, namely:- (i) where the contents of the complaint are tilegibie; (ii) _where the contents of the complaint are vague or ambiguous; (iil) where the contents of the complaint are trivial or frivolous: (iV) where the complaint does not contain allegation against a public servant; (Vv) where the complaint is not filed within the period of limitation under section 2; or (vi) where the cause of the complaint is pending before any other Court or Tribunal or Authority. (2) The Lokayukta shall dispose of the complaints satisfying the conditions as Contained in clause (c) of sub-rule (1) within a period of thirty days: fed that the Lokayukta for the reasons to be recorded, in writing, may extend the said period by a further period not exceeding fifteen days at a time. 5. Service of notice to the public servant ete.— Where the Lokayukia is satisfied that there exists a case for an inquiry or investigation against the public servant including Pro ‘any person or institution as mentioned in Section 14, a nolice in Form - B shall be served ‘on such publi ic servant, person or institution as mentioned in Séction 14 by registered post 9° by such courier service es may be approved by the Cheliperson or by Fax message or by electronic mail service or by any other means as may be decided by the Chairperson calling for explanation from the notice. 6. Filing of reply and other documents.— (1) The notice may file his reply to the Complaint in three complete sets, one bsing signed and two other copies, along with the documents in a paper book with the Secretary within forty-five days of service of notice under rule 8: Provided that the Lokayukta may, in its discretion, on an application filed by the Notice, allow such further time as it may deem fi for filing of reply, (2) l'the notice fails to file reply under sub-rule (1), the Lokayukta may proceed and pass an order on the complaint as it may deem fit and proper. 7. Supply of copies of Orders.— The complainant and affected parties and respective Departments concemed may be supplied a copy of all orders of the Lokayukta that affect them, on an application by the affected party. 4 8. Exer @ of powers of Civil Court by the Lokayukta.— For the purpose of Giving effect to the provisions of the Act. end these rules, the provisions rBlating to issue and service of summons and examination of witness by the Commission provided in Order Vand Order XVI of the Code of Civil Procedure, 1908, respectively, shall apply. 8. Discontinuance of inquiry.— (1) The Lokayukta may, in their discretion, at any time, after the commencement of any inquiry under the Act, order discontinuance of further inquiry of any camplaint involving an allegation or refuse to inquire or cease to inquire any complaint, if in his opinion, — @) there are no sufficient grounds for inquiring or as the case may be, for continuing the inquiry; (fl) other remedies are available to the complainant and in the circumstance of the. ase, it would be more proper for the complainant to avail of such remedies: or (ii) there exists no other reason to continue the inquiry. (2) In any case where the Lokayukta decides to discontinue any inquiry in espect of a complaint, It shall record the reasons therefor and communicate the same to the complainant and the public functionary concemed, 10. Transmission of letter of request by the Special Court.— On an application made fo the Special Court by an officer of the Lokayukta authorized in this behalf under Sub-section (1) of Section 36 that any evidence is required in connection’ with the Preliminary inquiry or investigation into an offence, the Special Court being satisfied that Such evidence is required for the purpose, it may issue a letter of request in the format specified in Form - C to a Court or an Authority in the cont ing Stale competent to deal with such request by registered post or by such courier service as may be approved by the Cheirperson or by Fax message or by electronic mall service or by any other means as may be decided by the Chairperson. 14. Payment of interest on failure to return assets ete— If, the assots, Proceeds, receipts and benefits confiscated under sub-section (1) of Section 31 cannot be returned to the public servant, after modification or annulment of the order of confiscation or upon his acquittal, he shail be paid the price thereof including the money so confiscated with an interest at the rate of five percentum per annum thereof calculated from the date of such confiscation, 12. Manner of forwarding the attachment order— Where any property is attached under sub-section (1) of Section 29, a copy of the order of attachment and documents relating to such altechment shail be forwarded to the concemed Special Court in @ sealed envelope through a Spscial Messenger duly authorized by the Lokayukta or the Investigating Officer, as the case may be. FORMA FORM OF COMPLAINT [S60 ule 3) PART-A DETAILS TO BE FURNISHED BY THE COMPLAINANT SIGNATORY TO THE COMPLAINT 1. Speci the complaint is being made by Diireivideai Cssciety C1 association f peraoné C1” trust Dcompany Cluinited Lisbity Parersrip Ci8oard Cheoey C1 comerstion Oluthorty Comers | 2. |” Name ot the complainant (in Block letiers) @ NOTE fy of be ome omen bcos aa a pt ey | Oiiviog License, Servce (danuty Cards with photograch issued to employees by CentrayState Seven Sco nsra Pals Line Caneny Posten oy pete aca ng |__| test ots, ea ca, rar tnd gr: Gono ia ne Neto Porson | | | ltl. NRE Joo Cac He lures Snat Cuma urbe Chane onc | erson cine wth shah tay cr end © HEAMLN rd faa | The (ShriSmt Rum Jor | bcs |, Surname ‘Middle Name | | First Name ‘Nationality= (cate te complainant fe | [rota etean of ny 8 copy ofthe Passgot wl be | [scored an a poet of | | identi | | Balais of Gentiyreskionce proof to be enclosed wilh the complaint ‘Document attached (Tick the | Driving. | Passbaoks ‘Smart Card | MNREGA | Aadnaar leer (eetce 2) [wit issued vy| dob | Sard | | shotosaen | Register | cond | | soued by | General of Bank! Poet |r under otfee Natal | opin | | Register | PAN Gard | Service || Feat | Ola — Pension teortty [insurance | ientiy |docarnens-- | |iGand,.-wits| Smet = [cons {wah « poo | | photograph Card ‘issued \graph | [oud by | insusd” | to Moy | Central’ State | under the | MLAs! Pubic Limkac | ministry of ‘Companies to Labour its employees | covesusy | seneme of | | Number (8) Date ot ese 1) Waiciy upto (Gy iesuing Aaron Permanent Addrass HowselPeapeny Numberiocaty VilagerDisticuCiy (oye County Pin CodeiPosial or Code Zonal HousalProneny | Numbertocaity | Ades Tor corresponserce [eager oay Par CodeiPesial Code oF Zonal | Occupation” | dosignaton’ [18] G@) Telephone Namber (wan "ey atte Nema] ISDISTD codes) [ (with country cote) eal Mode of presentation of he | ta) in parson Cope 1ST i Free ‘appropriate coluen) | Ieee cub-rue 2) of rule 3} (©) Blectionveaty Note: A physical copy Is to be provided to the Lokayukta within a peri of fitean days, 13 | Whether duiyrotarzed_| YES affidavit a3 annexed to this Fa ail |_| for has been enclosed? 1] Whether the complanantis | VES NO vvictin?. f (tis: ‘tis conte that to he best of my knowledge, beligt and information: (the alleged offence ‘respect of which present complaint is being made is within the period of seven Years [lmtation ws a down under section 52 of te Osha Lokayukia Act 2014) (3) no mater or proceeding related to allegation of coriotion under the Prevention of Corruption Act, 1968 {48 of 1968) being made under tis conpeiat Is pending before’ ary Court or Commiice of the Ledisiatve Assembly of tha State or before any etter avthoily and the complaint is rst barred from ‘boing mace before the Lokayukta under section 15 of the Oalsha Lokayusto Act 2014. Place Signature of the compiaint/ a authorized signatory PART-8 ADOTTIONAL DETAILS TO 8E FURNISHED BY THE SIGNATORY TO THE COMPLAINT IF THE ROMPIAINT.'S BENG FILED ON BEHALF OF A BODY OR BOARD OR CORPORATION On AUTHORITY OR CONPANY, SOCIETY OR ASSOCIATION OF PERSONS OR TRUST OR LIMITED LIABILITY ‘iether the cortticate of registrtion/ incorporation (as tesued by the authonty competent to Pe such cartifcate” in India or by PARTNERSHIP [7 [Rese fi compan Tato by a body oar ar Saran or Saag SESS soeeIy OF |__| sotction of parson or trust eit ‘ability partnership, then please indicate: | @ | Whetessuch egaiatn aa tered ie above [ VES No | base in india? (Tick theappropiate column) ] (8) |W te anawer to (a) above Te "YES Than | YES NO authority “competent “to issue such | 8 ‘onesie as per the” regulating law oF tne Foreign State, as the cate may bel.in | respect" of "sich organsnton has been | | eiciosce> (ie ho Soctoprta 2h) k (Te) | indicsie the name of the Competent | | Aunoniy which” has sued the | | certicata of, regivaton’ ~ incorpormicin | | of the organisation ‘Address for correspondence wilt ihe Organisation @ House Properiy NumberiLozally | ViiagarbarenSiy [sist County | Pin CodaiPosial or Zonal Coda | Te) | Telephone Number (with SDISTD Goce) | (6) Mobile Number (with County cose) [emai Z| Personal” ceials ot —ofice” beaters ard | Furnish details Io vespact of each Off | ang Head of Organisation in the fenmat as contained in Patt A of this form. [ploase soe Section 47) l L “Aéach separate sheets ih respect of each indnidual Bearer head of the organigation 3, | Details of the person who has duthdrised the signatory to fle the comglaint on behalf of the organisation | Nave of he person authorising te signatory tie te Compal (in lock aiare) @ | @eatiach an identity proof NOTE: Any of the following documents wil be considered as 2 valid proof of identity - Drwing Lioanse, Serio Kdontity Cards with pholograph sued to employecs by CentralSiae |_| GovernmentiPublc Sector Undertaking/Pubic Limited Comeany, Passbooks with ahotogiaph issued by a | BankiPost Offce, PAN Card, Smart Card issued by Racistrar General of india under Naticnal Population | Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Miristy of Labour, Pension document with photograph, Omi identity cards issued to MPIMLAe ang Aachacr | Card. | eee | (Shs KumsDr, ete.) [Savane 1 Weds Name Fi Name 8 5] Berar [HAE [RoE TRANSGENDER eset x ne Nationality, | = | case’ the person | | eubedting the signatory | | fot a etzen of ina | | only 2 copy of the] | Passport wil be accepted | | as aproot ot idertiy) | rorskig he signatory enclosed wih fe complaint |B. | Details of identity/residence pro’ of the parson aut Document attaches (Tick | Drving | Passbooks PAN MNREGA | Aachaar the aporopriate box) Licence wath Card dob Cart | Card pire issued = by | vertex | one | aes Saat Cd | Sri ey | Heath Ot aoe ee ele wae sar hae Ce acess feat Ue teas amde| kee oy] ere | esr | Goan” | naa ne | Me | Population Government scheme. } | | Register Public. of. fees heer traany) |r Pike Lr | sie caayee or | (a) Number @)Date ctissue (Waly upto Giisscing Authosty Permanent Address of parson authorising fe signatory FauseiPropary 7 NumberLocalty | VilagerDisticuCity t Pin GocelPostal or Zonal Code ‘Adrass for correspondance es VilageiDiencvciy Sate [eS ee |) Country a c Fin GadeiPoatal or Zonal Code 44 | Ossupatoa | q | eosignations | | avocation: 12|(@), Telephone” Number wat |] Weblo Number wt Set ISDISTD codes) country code) | [Fa | oman arid = ene 74_| Whether sy auhoreaton coaumert appropriate box) | | TS | Detais oF vd pany, any. Fhe = | Nane 1 z (6) | Sanaar WALE ] FEMALE © Ae ‘ | Hay Furnas | {@) || Telephone: Worber. Gath 1SO'STD Webi | 1 oe ee} : | sumer | ose (with Country | La cede) | Temaila here = PART-c DETAILS AS REGARDS THE PUBLIC SERVANT AGAINST WHOM THE COMPLAINT IS BEING MADE 7 Name of ageinst utom complaint Is belng mage Gn | block ltrs) * siach a separate sheet in respect | ofeach pubic servant against wrom | | a complaint ie being modo | Note: Deals of tied party partes, aware, whose interests are key 0 2. prejialyaflocted by th said The puble servants) ‘complaint as contemplated under Section 21 may also_be ‘separately fumished Z| Preseat designationistatue of the public -servani(s) ageinst whom ‘complaints being made Whether te complaint is against any officer or employes O° ag8ncy, under or associated wih the 1 Lokaiyakta?” (ck the appropriate | box) [see Section 38 1 YES Wo Z| With respect of seral No. 7 above, Inicato Designation of the | OrganisslioniAgerey offeeriemployee offcerlempioyee ‘administrative contra over the sald Bia) | Category of public Servant against whom the complaint is boing made box) (ick the eppropei [see Section 14} ‘The Chiet Minister ‘A Winiser ofthe Slate ‘AMamberof the Odlzha Legislative Assembly ‘Chalpparsan or Member by whatever name ealed, of ‘a Panchayat or a Municipality “a officer or smployes ofthe Stale ‘® Chairperson ora Member af a Body ‘R chairperson or a Member of a Board | R Chairperson or a Member of @ Corporation "A Ghalrperson ora Member of an Authorly ‘A Chairperson or Member ofa Company | A Ghakperson ora Member of a Society TN Ghaliparson or a Member of an Autonomous body A Ghakperson ora Member ofa Trust ‘An offcar or empioyme ofa Body ‘An offcer or employes ofa Board ‘An officer or ermployee of a Coxporation ‘Ri offcor or employee of an Authority [An offcer or employee of a Compehy “Ta offer or employes of a Sosy ‘An afcer or employee ofan Autonemous body [An oftosr or employee of Trust A Direcior, Manager, Secretary of other officer of ‘association of persons, society or trust referred to in

    You might also like