Keyword(s):
Action, Allegation, Corruption, Grievance, Lokpal, Lokayukta,
Maladministration, Minister, Officer, Public Servant, Secretary
Amendments appended: 8 of 1990, 12 of 2005
‘TRE QRIsSA LOKPAL AND LOKAYUKTAS ACT, 1995
[Received the asscnt of the President on the 8th July, 1995 firsr published in an
extraordinary issue of the. Orissa Gazette, datcd the 15th July 19951
AN ACT TO MAKE PROVISION FOR THB ApPOlNTMENT AND FuNcTIQIS OF LOKPAL AND
LOKAYUKTAS FOR THE INV2nIGATION OF ADMINISTRATIVE ACTIGN TAKEN BY
OR ON BEHALF OF THE QJvERNMENr OR CERTAIN LC cAL AND PUDLIC
AUTRORIYEG IN CERTAIN CASES AND FOR UA~RS CGNNECTED
THERE WITH AND MAPER lN~ct\rlNG -ACTS OF INIUGTICE,
CORRUPTION OR FAYOURLTIS~
hit by fhc Legirjaiure offhe Stace ~TOrisra in thc Forly-sixth par af
tbe Republic of India, as f~llows:- , .
‘Short t 1 tlo, 1. (I) This Act may be called the .Orissa Lokpal and Lokapktas Act, 1995.
EX^ to! and 12) It shaIl extend to the whole of the S~ate of Orissa.
$rnmcnw
@nt. (3) It shall come into force on such date as the State Goernment m,ay, by
notification appoint in that bcbalf.
- In this Act kess the context otherwise requires, . ..
13~U0na , – (a) “action” means action taken by a public servant in tbe discharge of his –
. functions as 6ucb public servant, by way of decision, rccommcndat ~on or
finding or iil any other manner and includes any ornmis: ion or commi:sion . or fajlum’to act and all other expressions connecting action shall bc construed accordingly;
(b) “allegation” in rclation to a public ‘servant means any ;firmat ion chat such
public servant,- 1
(0 has abused hie position as such to obtain any gain of favotn to him
self or to any other person or to cause undue harm or ltardbhlp. to any
other person; . –
(il) was actuated in the discharge of his functions as such, public serbnt by
personal intercst or improper or corrupt motivcs; ‘ or I (iil) is guiltyof corruption or lack of ‘integrity in his capacity as such ‘public- ,’
- servant ;
(c) ‘Lwmpetent -authority” in &latian to a public servant, means,-
(I) in case’of a Minister, Chicf . . . The Chief. ~iniiter – Secretary or Secretary
(ii)’ in case of any other public servant . . Such authority as -. may be prercribed.
Id) “comprion” includes anything madc punishable under Chapter IX oP
, thc Indian Penal Code or under the the Prevention of Corruption iB or lafl;, Act, 1988; 49 of 1980
(e) “grievance” meam a claim by aperson that he sustained injustice or updue . hardship in consequence of maladministration;^ .
(f) ‘Zokpal” means a prioa appointed as the Lokpal under Section 3;
(g) flLokayukta” means a person appointed as a Lokayukta undcr Section 3;
(h)”rualadmini~ration” means actipn lakcn or purporting io have been
taken jd the exercise of administrative function in any caqe-
(i) where such action or the administrative procedure or practice
such action is unreasonable, unjust, oppressive or ,improperly discriminstory; or
(fi) where there h’as becn negligence or undue delay in takin: such action, .
or the administrative procedute or practice governing such action invoIvas
undue delay;
*Forthe Bill ste~rlisa Gartile, Extraordinary, dated the 27th~okh 1995(No. 358)cmela
to forcc w. e f. 1st August 1995 vide P. G. P. A. DcpWnt NotiLatia No. 46171P. G. P. A –
dated 1st Augbst 1995
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