The Assam Lokayukta and Upa-Lokayuktas (Amendment) Act, 1990

u Registered No. A — 12 The Assam Gazette EXTRAORDINARY 3»W *#*'*«! »5*KJ 2T«i- ̂ PUBLISHED BY AUT HOR ITY 87 swst̂ r , 22 csr, 1990, 1 wf&, 1912 M No. 87 O’spa r, Tu esd ay, 22ad Ma y, 1990, 1st Jye igth a, ■ 1912 (S. £.} GOVERNMENT OF ASSAM ORDERS BY THE GOVERNO R LEGIS LATIV E DEPAR TMENT : LEGISLAT IVE BRANCH NOT IFIC ATION The 22nd May, 1990 No. LGL.32/85/197.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 532 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 22, 1990A S S A M A C T No - X I O F 199G (R ec eiv ed the assen t o f the Go ve rn or on 9th M ay , 1990) THE ASSAM LOK AYU KTA AND UPA-LOK AYUKTA S (AMEN DMENT ) ACT, 1990AnAc t farther to amend the Assam Lokayukta and Upa- Loka yukt as Act, 1985.Preamble Whereas it is expedient further to amend the AssamLokayu kta and Upa-Lokayukta s Act , 1985 (Assam Act X X of 1986), hereinafter referred to as the principal A c’ , in the manner hereinafter appearing;It is hereby enacted in the Forty-first Year ef the Re ­public of India as follows :—1. (1) This Act may be called the A ’ sam Lokayukta andLJpa-Lok ayuktas (Amendment) A ct, 1990.(2) Jt shall hive the (ike extent as the principal Act .(3) It shall come into force at once.2. In the principal Ac t, in Section 2, in clause (j),paragraphs (a), (b), (c), (d), /e), (f) and (g) of sub-clause (iv) and sub-clause (v) shah be renumbered as sub-clauses “ (tv)” , “ (v)”, “ ( v i ) * '( v i i ) ” , “ (viii)” , “ (ix)” , ‘ (x)” and“ fxi)” respectively. The existing paragraph (k) under so re numbered sub-clause (xi) shall be read as paragraph (e).Amendment 3. In the principal Act for Section 4, the following oi Section Sections shall be substituted, namely : — 4 of the Assam Act XX of 1986 .. , , , ,, , , ,* 4, (1) The Lokayukta shall be a person wh« is or hasbeen a fudge of the Supreme Court or the Ch ie f Justice of a High Court:Provided that the qualifications laid down in this sub­section shall not apply to the person already appointed as a Lokay ukta prior to coming into force of (Am enim ent) Ac t, 1990.(2) The Up a-L oka yuk ta shall be a person who is or has been a Judge of a High Court .(3) The Loka yukt a or Up a-L ok ay ikt a, as th e c a e may be , shall be a person who is not o- nevir has been a member o f Parliament or a member of the Legislature of any State and shall not hold any office of trust or profit, ob.er than his office as the Lokayukta or an Upa -Lokay ukta, as the case TH E AS SA M GA ZE TT E. EX TR AO RD IN AR Y, MAY 22 , 1990 533 may be, or co nnect ed with any pol itica l party or ca rry on any busin ess or prac tice any pro fession and acc ord ing ly, befor e he enter s up ^n his office as the Lo kayakta o. Up a- Lo kay ukta, as the case may be, sh all ,— (a ) if he i-' a sit tin g fudge of the Supreme Co ur t or the Ch ief Justice or a Judge of a Hig h Co ur t, as th e case may be, or hold any ot he r office or tru st or pro fit, resign such office ; or (b ) if he is conn ects 1 with anv pol idcal party, sever such co nn ectio n with it : er (cl if he is car ryiu g on an y busiaess , sever his connec ­ tio n (sh or t of divesting him se.f of ownership ) wi th the con duct an d ma nag em ent of such bu sine ss ; or (d ) if he is pra ctis ing any profession suspend prac tice of sucii pro fession’ 1. Am endmen t 4 - 1“ <h« pri nci pal Act , in section 5, — of Section 5 of the Assam Act XX of 1986. (1 ) in su b-secti on (1 ), for the figure an d word s **68 ye ars ” the figure an d words ‘‘67 year s whic hever is earlier" sha ll be subst itu ted , (2 ) f jr su b--tc iio n ( 4 i the follo wing sub-se ct on shal l be subs tituted , namely :— “ (4 ) ( t ) Th e Lokay ukt a shal l be ent itle d to such pay, allow ance s, pen sion , privileges and ot he r co nd itio n! of s ervic e as may be adm issible to the Supreme Co ur t Judge or the Chief Jus tice of the Hig h Co urt , as the case may be, from tim e to time . (o ) The Up i-L ok av uk ta shall k e ent itle d to such pa y, all ow inc es, pens ion, privileges and oth er conditio ns of ser ­ vice, as may be adm issible, to the Jud ge of a Hig h Co urt fra m tim e to ti ne. (c) The pay an d allow ance s and peng ioa, privileges an d ot hr r con dit ion s of service of the Lok ayu kta or Up a- Lo kay uk r a shal l no t be varied t> his dis -ad vanta ge du rin g the ten ure of his office” ; (3) fo r sub-section (5), the fo llo w ing sub-section shal l be sub stit ute d, name ly: — “ (5 ) If the Lokay ukta or Up a-L oka yuk ta a t the t in s of his ap po int me nt is in rec eip t of a pen sion (ot he r th an a disability or would pen sion ) in respec t of any prev ious se r­ vice under the Government of Ind ia or any of his pre dec ess or 53* THE ASSAM GAZETTE. EXTRAORDINARY, MAV 22, 1990 Gover nm ent , his sala ry in respect of his ervice as the Lo ka yu kta or as the Up a-Lo kayukta , as the case may be, sha ll be redu ced, — (a ) by the am ou nt of th at pension ; and (b ) if he has before such appoint me nt, rece ived in lieu of a po rti on of th s pension due to him in resp ect of such prev ious seivice, the cots muted valu e the reo l. by the am ount of th at por tion of the pensio n ; and (c) if he has before such appo int me nt, received a reti rem ent gra tui ty in resp ect of such previ ous serv ice, by the pension equ ival ent of th at gr at ­ ui ty .” Amend- 3. In the pri nc ipa l Act, in sect ion 8, in sub-sect ion (1 ), m e n to f S e c - in parag rap h (1 ) of claus e (b ), (o r the wor ds “ Third schedu le” ti on 8 o f t he the words “S econd Sche dule ” sha ll be sub stituted. A s«am Act X X o f 19 86 . Am end- 6. In the pr inc ipa l Act, in Sac tion 10, aft er sub- sect ion m ea t of S e c - (6 ) the follo wing sub-sec tion sha ll be add ed, na m el y: — tio n 10 of th e Assam Act XX of 19 86 . “ (7 ) The prov ision s ®f this Act shall be in ad dit ion to and no t in derog ati on ot the provis.ons of the Pre vent ion of Co rru pti on Act, 198 8 or any oth er law for the time being in force. (g ) If the Lo kayukta declines to inq uire int o any ma tte r ag ain st any per son who may be his close rel ati on and In case the re is no Up a-Lo ka yu kta in the Lok ayu kta Organ isation, in that event the Lokay ukta shal l sub mit a re po rt to the Gov ernor with a reques t to refe r t he matt er in dis pute to the Chief Jus tice of the High Co urt of th e State for his opinion and to decide the dispute in confo rmity with such opi nio n.’’ Amendment 7, In th e pri nci pal Act, the Seco nd Schedule shall be o f Sc he du le . deleted and the exis ting "T hird Sche dule ” shal l be re-n umber ed as "Se con d Schedule” . K. LA SK AP , Secre tary to the Govt- o f Assam, Legislative Depar tme nt- GU WAH AT I.—P rinted and published by the Dy. D irector (P), Directora te of Ptg. and Sty ., Ass am, C uwa hati—21, (Ex-G azette ) No, 173— 1,110—500— 22-5-1990,