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Lokayukta Act, 1984 Section 7

Title: Matters Which May Be Investigated by the Lokayukta and an Upalokayukta

State: Karnataka

Year: 1984

.....if it is referred to him by the State Government.] (3) Where two or more Upalokayuktas are appointed under this act, the 3 [Lokayukta] may, by general or special order, assign to each of them matters which may be investigated by them under this Act: Provided that no investigation made by an Upalokayukta under this Act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order. 2 [(4) Notwithstanding anything contained in sub-sections (1) to (3) when an Upalokayukta is unable to discharge his functions owing to absence, illness or any other cause, his function may be discharged by the other Upalokayukta, if any and if there is no other Upalokayukta by the Lokayukta.] _______________________ 1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. 2. Inserted by Act 31 of 1986 w.e.f. 16.6.1986. 3. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.

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Lokayukta Act, 1984 Section 8

Title: Matters Not Subject to Investigation

State: Karnataka

Year: 1984

.....Lokayukta or an Upalokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action,- (a) if such action relates to any matter specified in the second Schedule; or (b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal,1[court, officer or other authority and has not availed of the same.] (2) The Lokayukta or an Upalokayukta shall not investigate,- (a) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be; (b) any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be; (c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant; or (d) any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have.....

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Lokayukta Act, 1984 Section 2

Title: Definitions

State: Karnataka

Year: 1984

.....purporting to have been taken in the exercise of administrative functions in any case where,- (a) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or (b) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay; (11) "Minister" means a member of the Council of Minister for the State of Karnataka, but excluding the Chief Minister; (12) "public servant" means a person who is or was at any time,- (a) the Chief Minister; (b) a Minister; (c) a member of the State Legislature; (d) a Government Servant; (e) the Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State government may, having regard to its financial interest in such corporations or boards, by.....

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Lokayukta Act, 1984 Section 9

Title: Provisions Relating to Complaints and Investigations

State: Karnataka

Year: 1984

.....or (c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies. (6) In any case where the Lokayukta or an Upalokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned. (7) The conduct of an investigation 1 [under this Act against a public servant] in respect of any action shall not affect such action, or any power or duty of 1 [any other public servant] to take further action with respect to any matter subject to the investigation. _______________________ 1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.

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Lokayukta Act, 1984 Section 12

Title: Reports of Lokayukta, Etc.

State: Karnataka

Year: 1984

.....a special report upon the case to the Governor and also inform the competent authority concerned and the complainant. 3 [(6) The Lokayukta shall present annually a consolidated report on the performance of his functions and that of the Upalokayukta under this Act to the Governor.] (7) On receipt of the special report under sub-section (5), or the annual report under sub-section (6), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature. (8) The Lokayukta or an Upalokayukta may at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him which may appear to him to be of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate. ____________________ 1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. 2. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. 3. Substituted by Act 1 of 1988 w.e.f. 25.2.1988.

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Lokayukta Act, 1984 Section 19

Title: Conferment of Additional Functions on Upalokayukta

State: Karnataka

Year: 1984

(1) The Government may, by order, in writing and after consultation with an Upalokayukta, confer on the Upalokayukta powers to hold, in such manner and through such officers, employees and agencies referred to in section 15 as may be prescribed, enquiries against Government servants and persons referred to in item (g) of clause (12) of section 2 1 [ other than those falling under clauses (ii) and (iv) of sub-section (1) of section 7], in disciplinary or 2 [other proceedings transferred under sub-section (3) of section 26 commenced] in furtherance of the recommendations of the Upalokayukta or otherwise. (2) Where powers are conferred on an Upalokayukta under sub-section (1) such Upalokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation 2 [made on a complaint] involving a grievance or an allegation, as the case may be, and the provisions of this Act shall apply accordingly. __________________ 1. Inserted by Act 1 of 1988 w.e.f. 25.2.1988. 2. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.

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