Lokayukta Himachal Pradesh: General

LOKAYUKTA
HIMACHAL PRADESH
1. Home
2. Contact
3. Log in
GENERAL
 Conditions Of Service
 Hon'ble Lokayukta
 Organizational Chart
 Role Of Lokayukta
 State Public Information Officer
ACT'S & RULE'S
Lokyukta Act
COMPLAINT STATUS
 Complaint Form In English

 Complaint Report
Role of Lokayukta
Role of Lokayukta in combating Corruption and Mal-administation and measures for
strengthening these Institutions
Lokayukta investigates cases of corruption, where substantiated, recommend action. He is a
great check on corruption, brings about transparency in the system, makes administrative
machinery citizen friendly. His functions largely depend upon jurisdiction vested in him and
facilities provided for taking cognizance of citizens’ grievances promptly, dexterously and
expeditiously through simple, informal mechanism devoid of technicalities.
Corruption is internationally recognized a major problem,capable of endangering stability and
security of society, threatening social, economic and political development and undermining
the values of democracy and morality. It has assumed alarming proportions resultantly public
funds going into private hands leading to enrichment of bribe givers and bribe takers. Ultimate
result is, as said by former Prime Minister Rajiv Gandhi, only 15 paise, out of rupee reach the
lowest level of population. Corruption, inefficiency, delays and insensitivity to people’s
grievances can be identified key problems besetting the nation. Citizens bitterly feel the
distance that separates them from the decision makers. This distance, makes them feel
abandoned or even rejected and they eventually lose interest in public matters and become
marginalized. Corruption does not mean only taking bribe. It is used in a much larger sense,
“Conduct”, which is morally unsound and debased. It includes conduct which is blame-worthy
or improper (See Dr. S. Dutt Vs State of UP AIR 1966 SC 523), B. Gupta Vs The King ILR (1949) 2
CAL 440). Corruption and mal-administration are like twin sisters each acts in complement to
the other. Corruption has ruined Empires. After completion of his book, “The Decline of Rome
Empire” Edward Gibbon, the Great Historian, Writer and Philosopher was asked to reply in one
word the reason for the decline Roman Empire, he remarked “Corruption.” Corruption in a
civilized society, is described “disease like cancer.&rdquo, which if not detected in time is sure
to malignise the polity of a country leading to disastrous consequences.” Pylee points out:
"Corruption at the bureaucratic level operated like a subterranean monster, aiding, abetting
and colluding with the political bosses. Service to the public has long given way to careerism
with a work culture of 19th century aristocracy dealing with the citizens as ‘subjects.’ Burke
cautioned, “Among people, generally corrupt, liberty cannot last long".
Supreme Court also said that corruption in a civilized society is a disease like cancer and if not
detected in time, will malignise the polity of the country leading to disastrous consequence. It is
like plague, it is contagious and if not controlled, spreads like a fire in a jungle. Its virus is
compared with HIV leading to AIDS, being incurable (See State of MP & Others Vs Ram Singh
(2000) 5 SCC 88, and State of Andhra Pradesh Vs V. Vasudeva Rao 2003 (9) Scale 569.
Corruption in public life is a gross violation of human rights. It is anti-people, anti-development
and anti-national. Rampant corruption is major national malady. It is the single big factor
retarding the progress of our country, responsible for millions to live below poverty line despite
astronomical amount being spent on development. It is garbage which is required to be
removed otherwise it would hamper development of the country and bring bad name to the
nation.
Supreme Court observed in Lucknow Development Authority Vs M.K. Gupta (AIR 1994 SC 787):
"...Harassment of a common man by public authorities is socially abhorring and legally

impermissible. It may harm him personally but the injury to society is far more grieveous. Crime
and corruption thrive and prosper in the society due to lack of public resistance. Nothing is
more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and
fighting succumbs to the pressure of undesirable functioning in offices instead of standing
against it...."
An honest man is the noblest wok of God – Pope. When men are pure, laws are useless; when
men are corrupt, laws are broken – Benjamin Disraeli. Citizens realize that corruption is
dominant factor keeping India a poor country, therefore, delaying march towards prosperity. A
citizen faces corruption practically at every level and every sector of life. Corruption is anti-
national, anti-poor, anti-economic development and anti-life. Rampant corruption is a major
national malady. The Central Government as well as the State Governments are anxious to
eradicate it because there is realization that it is a great hurdle on the path of progress because
out of the huge plan outlays, very little goes to the people whose upliftment is essential for
ushering the egalitarian society. This apart, it stalls the pace of development in other sectors
too. It is, therefore, considered necessary to eradicate corruption with an iron hand otherwise
march towards progress and prosperity would be delayed considerably. Why can’t it be
eradicated when the number of persons indulging in corruption is hardly two percent of the
total population of the country.
In its widest connotation corruption includes improper and selfish exercise of power and
influence attached to a public office due to the special position one occupies in public life.
Developing countries like India, face this problem, as a result, it assumes status of mega
industry, where some people thrive at the cost of public exchequer resultantly imparting the
developmental activities of the State. The United Nations Convention against corruption (2003)
signed/ratified by the member countries to deal firmly with corruption. Secretary General
stressed that corruption violates the socio-economic human rights of the people especially in
the developing countries because funds meant for roads, wells, hospital, schools and other
basic necessities are siphoned off and deposited in safe havens abroad.
Inaugurating two day National Seminar on “Access to Justice”, organized by the Supreme Court
Advocates-on-Record Association, in association with the United Nations Development
Programme, His Excellency The President of India, Dr. A.P.J. Abdul Kalam said that with the
rising all-round awareness and a demand for clean and corruption-free public life, the burning
issue of probity in public life was increasingly coming into focus.
&lsquo.Conduct and behavior in public life are, like never before, under very close scrutiny. It
was essential that the three pillars of democracy-Legislature, Judiciary and Executive-are strong
in structure, pure in form and un-corrupted and un-blemished in conduct.&rsquo
The President made it clear that:
If we cannot make India corruption free, then the vision of making the nation developed by
2020 would remain a dream"
Consequently, understanding the menace of corruption and urgent necessity to deal with it in
the context of existing scenario,public outcry, warning by transparency International, other
NGOs and media, Government is attempting to eradicate it by taking steps for sometime past.
The first Administrative Reforms Commission, headed by Late Shri Morarji Desai studied the
causes for the steep deterioration in all areas of administration, Central and States and
recommended remedial measures. In its report (1966) suggested, among other things,
appointment of Lokpal at the Centre and Lokayukta at the State. Second Administrative
Reforms Commission, headed by Shri Veerappa Moily, deliberated extensively for elimination of
corruption in the administration and the strengthening of the Lokpal and the Lokayukta in two
day National Colloquium on “Ethics in Governance: Moving from Rhetoric to Results”
September ½, 2006 at the National Judicial Academy, Bhopal. Mahatma Gandhi, father of the
Nation, had understood the gathering crisis of corruption and prophesized that the public
would lead in the forefront in exposing corrupt practices and taking to task those who were
involved in them. He wrote in Young India in 1928:
"Corruption will be out one day, however, much one may try to conceal it; and the public can,
as its right and duty, in every case ofjustifiable suspicion, call its servants to strict account,
dismiss them, sue them, in a law court or appoint an arbitrator or inspector to scrutinizetheir
conduct, as it likes."He also said "On this earth, there is enough for everyone’s need but not for
their greed.
Allah Curses The Giver Of Bribes And You Shall Not Take Bribe Blinds
The ReceiverOf Bribes And The Eyes Of The Wise And
ThePerson Who Paves The Way For Subverts The Cause Of The
Both Righteous
"> Institution of Lokpal has not as yet been created at the Centre although efforts have been
made since, 1959 while Institution of Lokayuktas/Lokpal has been established by many States
through State Legislations. They provide for inquiry/investigation into complaints of corruption
against public servants. He protects Citizens’ Right against mal-administration, corruption,
delay, inefficiency, non-transparency, abuse of position, improper conduct etc. The procedure
to be followed is informal and inexpensive, technicalities do not come in way. Complaint is
supported by affidavit, making out case for inquiry. He is representative of Legislature, powerful
friend of citizens to act against officials action, inaction or corruption. But not anti-
administration, rather helps in humanizing relations between the public and the
administration, a step forward in establishing an ‘Open Government’ securing respect for the
rule of law, an educator aiming at propagating the prevention of corruption, inefficiency and
mal-administration in governance. He is, therefore, a check on corruption.

Disclaimer: The contents of this web site are informative only and for the benefit of the
public. However, these do not confer any legal right or obligation. Even though every care has
been taken to ensure the correctness of information and procedures, neither the Department
of Himachal Pradesh Lokayukta nor the Department of Information Technology is liable for
any inadvertent,factual or typing errors. © Lokayukta himachal Pradesh Department of
Information Technology Govt. of Himachal Pradesh
Conditions of Service
THE HIMACHAL PRADESH LOKAYUKTA (CONDITIONS OF SERVICE) RULES Short title and
commencement--
 These rules may be called the Himachal Pradesh Lokayukta (Conditions of Service) Rules,
1984.
 These rules shall come into force at once.
Definitions
 (1)In these rules, ‘Act’ means the Himachal Pradesh Lokayukta Act,1983 (17 of 1983).
 For the purpose of these rules, the word will have the same meaning as given for this
word in the High Court Judges.; Travelling Allowance rules, 1956.
 (Deleted).
 The Lokayukta shall be entitled to leave, in accordance with the provisions of the High
Court Judges’ (Conditions of Service) Act, 1954 and the rules made thereunder and
applicable to the Chief Justice of High Court, subject to the modification that the
Lokayukta shall be entitled to leave on full allowances at the rate of one month for each
completed year of service and proportionately for the remaining period of service.
 Authority competent to grant leave.--- The authority competent to grant or refuse leave
to the Lokayukta or to revoke, curtail leave granted to him, shall be the Governor of
Himachal Pradesh
 Provident Fund.- The Lokayukta shall be entitled to subscribe to the General Provident
Fund in accordance with the General Provident Fund (Central Services) Rules 1960, as
amended from time to time and orders issued thereunder.
 Travelling allowance- The Lokayukta shall receive such travelling allowance to reimburse
him for expenses incurred in travelling on duty within the territory of India and shall be
afforded such reasonable facilities in connection with travelling as may from time to
time, be prescribed in the High Court Judges’ Travelling Allowance Rules,1956 ;Provided
that a person appointed as Lokayukta shall be entitled to receive as travelling allowance,
the actual expenditure incurred on the journey for self and his family from the place of
his ordinary residence to Shimla on first joining his appointment and for the journey
back to his home town on completion of his tenure, by air, rail or motor vehicle. Further,
he shall be entitled to actual expenditure incurred for the transportation of luggage
upto a full wagon deleted and 2,3&4 inserted vide notification No. PER(VIG)A-(4)-2/83,
dated 15-11-85 Published in Extra, ordinary Gazette dt, 14.12.1985..The words “the Act
or” deleted vide Notification No. RER(VIG)A-(4)-2/83 dated 15.11.85 Published in
Extraordinary Gazette dated 14.12.1985.Provided further that in the event of the death
of Lokayukta while in office the members of his family shall be entitled to the actual
expenditure incurred on the Journey of the family and for the transportations of their
luggage [upto a full wagon] from the headquarters to the home town of the Lokayukta
in case the journey is performed within six months of the death of the Lokayukta.
[Explanation.- For the purpose of these rules, the words “full wagon will have the same
meaning as given for these words in rule 1 A of the High Court Judges’ Travelling
Allowance Rules, 1956].
 Facilities for medical treatment.- The Lokayukta and the members of his family shall be
entitled to such facilities for medical treatment for accommodation in Government
hospitals as are admissible to the Chief Justice of High Court of Himachal Pradesh and
the members of his family.
 Facility for residential accommodation.- The Lokayukta shall be entitled for residential
accommodation on the same terms and conditions as are applicable to the Chief Justice
of the High Court of Himachal Pradesh.
 Other conditions of service.- The conditions of service of the Lokayukta for which no
express provisions have been made in these rules, shall be the same as are applicable to
the Chief Justice of the High court of Himachal Pradesh.By order and in the name of the
Governor of Himachal Pradesh.DEPARTMENT OF PERSONNEL
(VIGILANCE)NOTIFICATION Shimla-2, the 6th December, 1983 No. Per (Vig) A (4)-2/83-II.-
The Governor, Himachal Pradesh is pleased to order that the hours of work & holidays
for the Lokayukta and his office shall be such as may be declared by the Lokayukta from
time to time, but save as otherwise so declared, the Lokayukta and his office shall
observe the same public holidays as are observed by the High Court of Himachal
Pradesh and such local holidays as are declared by the local authorities form time to
time.By order, A.K. MOHAPATRA,
.
GOVERNMENT OF HIMACHAL PRADESH

OFFICE OF THE LOKAYUKTA
ORDER Shimla-2,20th March,1986No. Loka-4 (E)-1/83.-In exercise of the powers vested

in him under rule 6(4) of the Himachal Pradesh Lokayukta(Proceedings) Rules, 1983, the
Lokayukta, Himachal Pradesh, hereby prescribes the rates for the payment of diet and
road money to be paid to the witnesses, as shown in the Schedule I below :-SCHEDULE-I
(Diet and road money)Class.
(a)For unskilled labour, Peons etc.
(b)For skilled labour, Clerks etc.Rs. 20/-per diem.
(c) For other having somewhat special status Rs. 25/-per diem.
 The above rate (s) may be increased at the discretion of Lokayukta keeping in
view the circumstances of each case.
 The Lokayukta, may allow diet and road money to the complainants and
witnesses at his discretion having regard to the variety of allegations in the
complaint as also the financial position of such a person.
 No diet and road money shall be paid to a Government servant of the State
Government. However, the payment of diet and road money may be considered
in respect of “public servants” referred to in sub-clause (4) to (11) of section 2 of
the Himachal Pradesh Lokayukta Act, 1983 provided such a person is not in the
service or pay of Government company, Local Body, University, Zila Parishad,
Panchayat Samiti, Apex Society, Co-operative Society, Statutory, Non-statutory
body.A Court attendance certificate in the prescribed proforma as in Form-III
shall be issued in favour of all witnesses and complainants for their attendance.
 The Lokayukta, Himachal Pradesh shall determine the class under which the
witness shall be ranked.
TRAVELLING RATES
 Ordinary bus fare by a shortest route may be paid to a witness for to and fro journey
performed to attend the Court from the place of residence or office of such a person.
 When the Journey is performed by rail, only second class fare for to and fro journey may
be paid to such a person.
 If the journey is performed from such a place where mode of travel is both bus and rail,
the expenses of the cheapest of the two modes may be re-imbursed.
Note.-
The Lokaukta, Himachal Pradesh may exercise his discretion to allow travelling expenses
at higher rates, then prescribed above, for to and fro Journey to the witnesses, in
exceptional case having regard to the status of such a person.
The expenditure of witnesses etc. shall like ordinary contingent expenses be debited to
the grant under Head “265” Other Administrative Services (b) Special Commission of
Inquiry-(b) (I) Lokayukta (Non-Plan) office expenses.By order,T.V.R.
TATACHARILokayukta, Himachal Pradesh With effect from 1-4-1987, the figure “265” be
read as “2070”
LOKAYUKTA
HIMACHAL PRADESH
1. Home
2. Contact
3. Log in
GENERAL
ACT'S & RULE'S
Lokyukta Act
COMPLAINT STATUS

Hon'ble Lokayukta
HON’BLE MR.JUSTICE BHAWANI SINGH

Born on March 28, 1944.Graduated from S.D. College (Lahore), Ambala Cantt.
(Haryana.Obtained Law Degree from Department of Laws, Punjab University,
Chandigarh.Started practice in the High Court of Himachal Pradesh in 1968.Specialized in
Constitutional Law, Service Law, Criminal Law and Civil Law.Appeared in number of important
cases in the Supreme Court of India.Advocate-General, Himachal Pradesh, 1988.Chairman, Bar
Council of Himachal Pradesh from 1983-1988.Member, Bar Council of Himachal Pradesh for 15
years, Chairman, Enrolment Committee, Secretary, Enrolment Committee, Member, Election
Committee, Member, Law Drafting Committee etc.President, High Court Bar Association, four
terms, Vice President two terms, Secretary and Treasurer.President, High Court Bar House
Building Cooperative Society.Assistant- Professor in Laws, H.P. University for about 16
years.Legal Advisor and Standing Counsel, H.P. University, Agriculture University, Dr. Y.S.
Parmar University for Horticulture and Forestry, H.P. Khadi and Village Industries Board, Kangra
Central Cooperative Bank Limited, High Court and State Administrative Tribunal, Counsel for
Punjab State in H.P. High Court.Member, H.P. University Court, Member, Board of Studies in
Law, H.P. University and Examiner in Law.Member, State Food Advisory Board for effective
implementation of Food Adulteration Act, 1954.Member, Law Reporting Council, Indian Law
Reports (Himachal Series).Member, H.P. Telecom Advisory Committee from legal
profession.Governing Member, Bar Association of India, New Delhi.Panel Judge, H.P. State
Lotteries.Participated in many Conferences/Seminars at the State and National level on subjects
like Environment and Ecology, Criminal Justice System in India, Gender Law, Drug Trafficking,
Corruption, Courts and Society, Information Technology etc.Represented legal profession
before Justice R.S. Sarkaria, Chairman, Centre-State Relations Commission, pleaded for a strong
Centre and liberal financial grants to State keeping in view its commitments to the people and
the developing States be allocated more financial grant as compared to developed
States.Represented legal profession as Chairman, Bar Council of Himachal Pradesh and
President, High Court Bar Association before Parliamentary Committee on Lokpal.Awarded
Plaque of Honour in appreciation of services rendered to the legal profession as Silver Jubilee,
Chairman, Bar Council of Himachal Pradesh, by the Bar Council of India and its Trust, New
Delhi.Again, Plaque of Honour awarded by Bar Council of India Trust for distinguished services
to the legal profession as a Judge and Acting Chief Justice.
Appointed permanent Judge, High Court of Himachal Pradesh on December 16, 1988.Acting
Chief Justice, High Court of Himachal Pradesh and High Court of Jammu & Kashmir for 13 times,
total period over two years.Appointed Chief Justice, High Court of Jammu & Kashmir on June
16,1997 when the State was passing through serious militancy conditions.Judicial system was in
complete shambles.No work culture existed in any Courts in the State, some of them were
either closed and 29 burnt by the militants.Work culture was restored in all the
Courts.Reconstruction of Courts undertaken.Since 1992, Kashmir Bar Association had been
boycotting the Court of Chief Justice appointed from outside the State of Jammu & Kashmir.For
the first time, this boycott was got withdrawn and judicial system started functioning
punctually, regularly and effectively.Relations between the Bench and the Bar were most
cordial and difficult issues settled amicably with each other’s cooperation.As a result, over one
lac cases were decided in the High Court itself.National Flag was hoisted on the High Court
building at Srinagar which had been forbidden for the past 11 years due to threats by militant
organisations.During Kargil war, visited the area, despite firing from Pakistan side, to reach
Kargil where residence of Chief Judicial Magistrate and Judicial Court Complex had been shelled
by Pakistan.Kargil town had been vacated and the Courts were shifted to Shanku temporarily at
a distance of 41 Kms. from the firing range.Transferred as Chief Justice, High Court of Madhya
Pradesh on February 24, 2000.Chief Pattern, State Legal Services Authority, Chairman,
Managing Council, National Law University, Bhopal.Played key role in the establishment of High
Court of Chattisgarh at Bilaspsur.Awarded Nation Law Day Award, 2000 for unique contribution
in the field of administration of justice and for winning the hearts of public at a time when
terrorists threatened the public of Jammu & Kashmir not to approach the Courts.Transferred
Chief Justice, High Court of Gujarat on August 25, 2003.Significantly contributed to the
modernization of Courts, establishment of new Courts, large number in remote areas of the
State, upgradation of many existing courts, massive construction of Court buildings and
expansion of existing High Court building.Demitted office of the Chief Justice, Gujarat on March
27, 2006.Appointed Lokayukta, Himachal Pradesh on May 5, 2006

[Authoritative English text of the Himachal Pradesh Lokayukta Adhiniyam, 1983 as
required under Clause(3) of Article 348 of the Constitution of India]

Act No. 17 of 1983.
THE HIMACHAL PRADESH LOKAYUKTA ACT, 1983
AN
ACT
To make provisions for the appointment and functions of the Lokayukta for the inquiry
into the allegations against certain high dignitaries and others and for matters connected
therewith.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Thirtyfourth Year of the
Republic of India as follows:-
Short title,
Extent & commencement.
1. (1)This Act may be called the Himachal Pradesh Lokayukta Act, 1983.
(2)It extends to the whole of the State of Himachal Pradesh.
(3)It shall be deemed to have come into force with effect from the 1
st
day of June,
1983.
Definitions:
2. In this Act, unless the context otherwise inquires,---
(a) “action” means action by way of prosecution or otherwise taken on the report of
the Lokayukta and includes failure to act, and all other expressions connoting
action shall be construed accordingly;
(b) “allegation” in relation to a public servant means any affirmation that such public
servant---
(i) has knowingly and intentionally abused his position as such to obtain any
undue gain or favour to himself or to any other person or to cause undue harm
to any other person:
Provide that the service matters relating to persons referred to in sub-clause (3) and
(12) of clause (f) of section 2 shall be excluded therefrom; or
(ii) was actuated in the discharge of his functions as such public servant by
corrupt motives ; or
(iii) is guilty of corruption ; or (iv) is in possession of pecuniary resources or property

disproportionate to his
known source of income and such pecuniary resources or property held
by the public servant personally or by any member of his family or by
some other person on his behalf.
Explanation.—For the purpose of this sub-clause ‘family’ means husband, wife sons and
unmarried daughters living jointly with him or dependent on him ;
(c) “Lokayukta” means a person appointed as a Lokayukta under
section 3 ;
45 of 1860
(d) “corruption” includes any act punishable under Chapter IX of
the Indian Penal Code or the Prevention of Corruption Act, 1988 ;
(e) “Minister” means a member of the Council of Ministers, by whatever name
called, for the State of Himachal Pradesh, that is to say, Chief Minister,
Minister, Minister of State, Deputy Minister and shall also include the Chief
Parliamentary Secretary and Parliamentary Secretary ;
(f) “public servant” means a person, who is or has been—
(1) a Minister,
(2) a Member of the Legislative Assembly of Himachal Pradesh.

(3) appointed to public service or post in connection with the affairs of the
State of Himachal Pradesh,
1 of 1956
(4) a Chairman, Vice-Chairman, Managing Director or a member of the
Board of Directors or Chief Executive Officer, by whatever name called, of a
Government Company within the meaning of section 617 of the Companies
Act, 1956, in which not less than fifty-one percent of the paid up share capital
is held by the State Government, or any company which is a subsidiary of a
company in which not less than fifty-one percent of the paid up share capital is
held by the State Government.
(5) a Mayor, Deputy Mayor, Councillor or Commissioner of a Municipal
Corporation constituted by or under the Himachal Pradesh Municipal
Corporation Act, 1994
(6) a President, Vice-President, a member or Administrator of a Municipal
Committee or Notified Area Committee or deemed to have been
Constituted of H.P. Municipal Corporation Act, 1994,
Figures 1988, 1994 and 1994 have been substituted for 1947, 1980 and 1968
vide H.P. Lokayukta (Seventh amendment Act), 1989. (7) a Vice Chancellor or Pro-Vice-
Chancellor of a University
established or deemed to have been established by or under any law of the
State Legislature ;
(8) a Chairman or Vice-Chairman of the Zila Parishad or Panchyat Samiti
constituted by or under the Himachal Pradesh Panchayati Raj Act, 1994,
(9) a President or Vice-President or member of any managing committee of an
Apex Society incorporated by or under the Himachal Pradesh Co-operative

Societies Act, 1968,
(10) a President, Vice-President, Managing Director or a member of the Board
of Directors of such other Co-operative Societies incorporated by or under
the Himachal Pradesh Co-operative Societies Act, 1968, as may be
notified by the State Government from time to time ;
(11) a Chairman, Vice-Chairman, Managing Director or the Chief Executive
Officer by whatever name called, of any statutory or non-statutory body
incorporated or set up by the State Government,
(12) in the service or pay of a Government Company, Local Body,
University, Zila Parishad, Panchayat Samiti, Apex Society, Co-operative
Society, statutory or non-statutory body referred to in sub-clauses(4) to
(11) of this clause, and
(13) holding any other post or office under the control of the State Government
or an authority referred to in sub-clause(12) and notified by the State
Government in the Official Gazette from time to time ;
(g) “ officer” means and includes,--
(i) the Chief Secretary, Secretary, Principal Secretary, Additional Secretary,
Special Secretary, Joint Secretary, Deputy Secretary and Under
Secretary to the Government of Himachal Pradesh, by whatever name
he may be called;
(ii) the Head of Department of the State Government ; and
(iii) any other Government servant to be notified by the State Government ;
(h) “competent authority” in relation to a public servant, means-
(i) in case of Chief Minister, or member

member of the
State Legislature
the Governor acting in his discretion
(ii) in the case of Minister
other than the Chief Minister, and the
Officers.
The Chief Minister or during the period of
proclamation issued under Article 356 of
the Constitution of India, the Governor, Appointment of
Lokayukta.
3. (1) For the purpose of conducting investigations in accordance with the
provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a
person to be known as the Lokayukta :
Provided that the Lokayukta shall be appointed after consultation with the Chief
Justice of the High Court of Himachal Pradesh and the Leader of the Opposition in the
Legislative Assembly, or if there be no such leader, a person elected in this behalf by the
members of the Opposition in that House in such manner as the Speaker may direct.
(2) A person shall not be qualified for appointment as Lokayukta, unless he has
been a Judge of the Supreme Court or a Chief Justice of a High Court in India.
(3) Every person appointed as the Lokayukta shall, before entering upon his office,
make and subscribe, before the Governor, or some person appointed in that behalf by
him, an oath or affirmation in the form set out for the purpose in the First Schedule.
Lokayukta
to held no other
office.
4. Except as provided in Section 15-A, Lokayukta shall not be a member of
Parliament or member of the Legislature of any State and shall not hold any other office
of trust or profit or be an officer of a co-operative society and shall not be connected with
any political party or carry on any business or practice any profession and accordingly
before he enters upon his office, a person appointed as the Lokayukta shall,--
(a) if he is a member of Parliament or of the Legislature of any State, resign such
membership ; or
(b) if he holds any office of trust or profit, resign from such office ; or
(c) if he is connected with any political party, sever his connection with it ; or
(d) if he is carrying on any business, sever his connection (short of divesting
himself of ownership) with the conduct and management of such business ; or
(e) if he is practicing any profession, suspend practice of such profession.
Explanation.- For the purpose of this section a person shall not be deemed to hold
an office of trust or profit by reason only that he has been entrusted additional
function or conferred powers to discharge the said functions under section 15-
A of this Act. Term of
Office and other
Conditions of
Service of Lokayukta
5.(1) Every person appointed as the Lokayukta shall hold office for a term of five
years from the date on which he enters upon his office and shall not be eligible for
re-appointment thereafter :
Provided that-
(a) the Lokayukta may, by writing under his hand addressed to the Governor,
resign his office and such resignation shall be effective as soon as it is
tendered ; and
(b) the Lokayukta may be removed from the office in the manner specified in
section 6.
(2) A vacancy occurring in the office of the Lokayukta shall be filled in as soon as
possible but not later than six months from the date of occurrence of such vacancy.
(3) On ceasing to hold office, Lokayukta shall be ineligible for further
employment in any other capacity under the Government of Himachal Pradesh for
any employment under, or office in, any such Local Authority, Co-operative
society, Government Company, University, Corporation, or a Corporate Body
under the administrative control of the Government of Himachal Pradesh as is
Referred to in sub-clauses (4) to (11) and sub-clause (13) of clause (f) of section 2.
(4) There shall be paid to the Lokayukta such salary as is specified in the Second
schedule.
(5) The allowances payable to and other conditions of service of Lokayukta shall
be such as may be prescribed:
Provided that in prescribing the allowances payable to, and other conditions
of service of, the Lokayukta, regard shall be had to the allowances payable to, and
other conditions of service of a serving Judge of the Supreme Court or the Chief
Justice of a High Court, as the case may be :
Provided further that the allowances payable, and other conditions of service
of, the Lokayukta shall not be varied to his disadvantage after his appointment.
(6) The salaries and allowances payable to, or in respect of, the Lokayukta shall
be expenditure charged on the Consolidated Fund of the State.
______________________________________________________________________________
_
1. Explanation inserted vide H.P. Lokayukta (fourth amendment) Act, 1992 (Act. No.
17 of 1992) see extra ordinary Gazette, HP dated 20
th
July, 1992. Removal of
Lokayukta
6. (1) The Lokayukta shall not be removed from his office except by an order of
the Governor passed after an address by the Himachal Pradesh Legislative
Assembly, supported by a majority of the total membership of the Legislative
Assembly and by a majority of not less than two thirds of the members thereof,
present and voting, has been presented to the Governor in the same session for
such removal on the ground of proved misbehavior or incapacity.
51 of 1968
(2) The procedure for the presentation of an address and for the investigation
and proof of the misbehaviour or incapacity of the Lokayukta under subsection(1)shall be as

provided in the Judges(Inquiry) Act, 1968, in relation to the
removal of a judge and, accordingly, the provisions of that Act shall, subject to
necessary modifications, apply in relation to the removal of the Lokayukta as they
apply in relation to the removal of a Judge.
Matters which may be
Enquired into by the

Lokayukta.
7. Subject to the provisions of this Act on receiving a complaint the Lokayukta
may proceed to enquire into the allegations made against a public servant.
Matters not subject to
Inquiry
37 of 1850
8. The Lokayukta shall not inquire into any matter,---
(a) in respect of which a formal and public inquiry has been ordered under the
Public Servants(Inquires) Act, 1850 ; or
(b) ommitted
(c) which is not connected with the discharge of functions as public servant of
the person against whom allegation is made ; or
(d) relating to an allegation against a public servant, if the complaint is made
after expiration of a period of ten years from the date on which the conduct
complained against is alleged to have been committed.
Provisions relating
to complaints
9.(1) Any person may make a complaint under this Act to the Lokayukta
(2) Every complaint involving an allegation shall be made in such form as
may be prescribed. The complainant shall swear an affidavit in such form as
may be prescribed before the Lokayukta or any officer authorised by the
Lokayukta in this behalf.
(3) Notwithstanding anything contained in section 10 or any other provision of
the Act, every person who willfully or maliciously makes any false complaint
under this Act, shall, on conviction, be punished with rigorous imprisonment
which may extend to two year or with fine which may extend to five thousand
rupees or with both and the court may order that out of the amount of fine,
such sum, as it may deem fit, be paid by way of compensation to the person
against whom such complaint was made :
Provided that no court shall take cognizance of an offence punishable under
this section except on a complaint made by or under the authority of the
Lokayukta :
Provided further that the complaints made by or under the authority of
Lokayukta shall be exclusively tried by a Court of Session which may take
cognizance of the offence on such complaints without complaints being
committed to it, anything contained in the Code of Criminal Procedure
1973 notwithstanding :
2 of 1974
Provided further that the complaint made under the signature and seal of
the Lokayukta shall be deemed as formally proved and the evidence of the
Lokayukta shall not be necessary for the purpose.
(4) If the Lokayukta is satisfied,-
(a) that all or any of the allegations made in the complaint have or has
been substantiated either wholly or partly ; and
(b) that having regard to the expenses incurred by the complainant in
relation to the proceedings in respect of such complaints and all other
relevant circumstances of the case, the complainant deserves to be

compensated ;
the Lokayukta shall determine a reasonable amount which shall be paid to the
complainant by way of such compensation and the State Government shall pay the
amount so determined to the complainant.
________________________________________________________________________
1. Clause(b) of section 8 omitted vide H.P. Lokayukta (Fourth Amendment) Act, 1992
(See Extraordinary Gazzette, H.P. dated 20
th
July, 1992).
Procedure in
Respect of inquiry
10.(1) Subject to the provisions contained in sub-section(2) the Lokayukta
shall, in each case before it, decide the procedure to be followed for making an
inquiry and in so doing ensure that the principles of natural justice are satisfied.
(2) Every inquiry under the Act shall, unless the Lokayukta for reasons to be
recorded in writing determines otherwise, be conducted in camera.
“10-A.(1) Where in consequence of information in his possession or after
such inquiry as he thinks necessary, the Lokayukta,-
(a) has reason to believe that a person-
(i) to whom a summons or notice under this Act, has been or might be
issued, will not or would not produce or cause to be produced any
property, document or thing which will be necessary or useful for or

relevant to any inquiry or other proceedings to be conducted by him,
(ii) is in possession of any money, bullion, jewelery, or other valuable
article or thing and such money, bullion, jewelery or other valuable article or
thing represents either wholly or partly income or property which has not
been disclosed to the authorities for the purpose of any law or rule in force which
requires such disclosure to be made or
(b) considers that the purposes of any inquiry or other proceedings to be
conducted by him will be served by a general search of inspection, may issue a
search warrant and he or any person authorised by him may, by that search
warrant-
(i) enter and search any building or place where he has reason to suspect that
such property, document, money, bullion, jewelery or other valuable article
or thing is kept ;
(ii) break open the lock of any door, box, locker, safe, almirah or other
receptacle for exercising the powers conferred by sub-clause (i) where the
keys thereof are not available ;
(iii) seize any such property, document, money, bullion, jewelery or other
valuable article or thing found as a result of such search ;
(iv) place a mark of identification on any property or document or make or cause
to be made extracts or copies therefrom ; or
(v) make a note or an inventory of any such property, document, money,
bullion, jewelery or other valuable article or thing.
Sec. 10-A added vide HP Lokayukta (Third Amendment Act, 1987 Act No. 2 of
1988) as Published in HP Extra-ordinary Gazette, dated 17-2-88
2 of 1974
(2) The provisions of section 100 of the Code of Criminal Procedure, 1973 shall, so
far as may be, apply to searches under sub-section(1).
(3).A warrant issued under sub-section(1) shall, for all purposes, be deemed to be a
warrant issued by a Court under section 93 of the Code of Criminal Procedure, 1973”
Evidence
11. (1) Subject to the provisions of this section, for the purpose of any inquiry, the
Lokayukta or any person authorised by him in this behalf-
(a) may require any public servant or any other person who, in his opinion, is able to
furnish information or produce documents relevant to such inquiry, to furnish any
such information or produce any such document ;
(b) may enter upon any land and survey, demarcate or prepare a map of the same ;
5 of 1908
(c) shall have all the powers of a civil court while trying a suit under Code of Civil
Procedure, 1908 in respect of the following matters, namely :-
(i) summoning and enforcing the attendance of any person and examining him
on oath,
(ii) requiring the discovery and production of any document,
(iii) receiving evidence on affidavits,
(iv) requisitioning any public record or copy thereof from any court or office, and
(v) issuing commissions for the examination of witnesses or documents :
19 of 1923
Provided that no person, without the prior permission of the appropriate

Government shall be required or authorised by virtue of the provisions contained
in this Act to furnish any such information or answer any such question or
produce so much of any document as might involve the disclosure of any
information or production of any document which is punishable under the
provisions of the Official Secrets Act, 1923.
45 of 1860
(2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding
within the meaning of section 193 and section 228 of the Indian Penal Code,
1860.
(3) Omitted.
Power to punish
for Contempt.
11. A. The Lokayukta shall have and exercise the same jurisdiction, powers and
authority in respect of contempt of itself as a High Court has and may exercise and, for
this purpose, the provisions of the Contempt of Courts Act, 1971 shall have effect subject
to the modification that-
(a) the references therein to a High Court shall be construed as including a reference
to the Lokayukta ;
(b) sub-section (1) of section 18 shall not apply to the Lokayukta ;
(d) in ‘proviso to sub-section (1) of section 19 reference to Judicial Commissioner in
any Union territory’ shall be construed as including a reference to the
Lokayukta.”
Reports of Lokayukta
12. (1) If, after inquiry in respect of a complaint, the Lokayukta is satisfied,-- (a) that
no allegation made in the complaint has been substantiated either wholly or partly, he
shall close the case and intimate the complainant, the public servant and the
competent authority concerned accordingly;
(b) that all or any of the allegations made in the complaint have or has been
substantiated either wholly or partly, he shall, by report in writing, communicate his
findings and recommendations to the competent authority and intimate the
complainant and the public servant concerned about his having made the report.
(2) The competent authority shall examine the report forwarded to it under clause
(b) of sub-section(1) and communicate to the Lokayukta, within three months of the
date of receipt of the report, the action taken on the basis of the report.
(3) If the Lokayukta is satisfied with the action taken, on the basis of his report
under clause (b) of sub-section (1), he shall close the case and intimate the
complainant, the public servant and the competent authority concerned accordingly,
but where he is not so satisfied and if he considers that the case so deserves, he may
make a special report upon the case to the Governor and intimate the complainant, the
public servant and the competent authority concerned about his having made such
report.
(4) The Lokayukta shall present annually to the Governor a consolidated report
on the administration of this Act.
(5) At the commencement of the session of the State Legislative Assembly after
the expiry of ninety days from the presentation of the special report under subsection(3) the
annual report under sub-section(4) or earlier thereto the Governor shall
cause the same together with an explanatory memorandum to be laid before the State
Legislative Assembly.
Section 11-A, added vide HP Lokayukta (Second Amendment) Act, 1987(Act 21 of

1987) as Published in HP Extra ordinary Gazette, dated 20-10-1987.
(a) that no allegation made in the complaint has been substantiated either wholly or
partly, he shall close the case and intimate the complainant, the public servant and the
competent authority concerned accordingly;
(b) that all or any of the allegations made in the complaint have or has been
substantiated either wholly or partly, he shall, by report in writing, communicate his
findings and recommendations to the competent authority and intimate the
complainant and the public servant concerned about his having made the report.
(2) The competent authority shall examine the report forwarded to it under clause
(b) of sub-section(1) and communicate to the Lokayukta, within three months of the
date of receipt of the report, the action taken on the basis of the report.
(6) If the Lokayukta is satisfied with the action taken, on the basis of his report
under clause (b) of sub-section (1), he shall close the case and intimate the
complainant, the public servant and the competent authority concerned accordingly,
but where he is not so satisfied and if he considers that the case so deserves, he may
make a special report upon the case to the Governor and intimate the complainant, the
public servant and the competent authority concerned about his having made such
report.
(7) The Lokayukta shall present annually to the Governor a consolidated report
on the administration of this Act.
(8) At the commencement of the session of the State Legislative Assembly after
the expiry of ninety days from the presentation of the special report under subsection(3) the
annual report under sub-section(4) or earlier thereto the Governor shall
cause the same together with an explanatory memorandum to be laid before the State
Legislative Assembly.
Staff of Lokayukta
13 (1) The Lokayukta may appoint, or authorise any officer subordinate to the
Lokayukta to appoint officers and other employees to assist the Lokayukta in the
discharge of his functions under this Act.
(2) The categories of officers and employees who may be appointed and other
conditions of service and the administrative powers of the Lokayukta shall be such as
may be prescribed after consultation with the Lokayukta.
(3) Without prejudice to the provisions of sub-section(1), the Lokayukta may for
the purpose of conducting inquires under this Act utilise the services of-
(i) any officer or investigation agency of the State or the Central Government
with the concurrence of that Government ; or
(ii) any other person or agency. Power to delegate
13 A. The Lokayukta may, by general or special order in writing, direct that any
powers conferred or duties imposed on him by or under this Act (except the power
to make reports under section 12) may also be exercised or discharged by such of
the officer, employee or agencies referred to in section 13, as may be specified in
the order.”
Secretary of information
1 of 1972
14.(1) Any information obtained by the Lokayukta or members of his staff in the
course of or for the purposes of any investigation under this Act and any evidence
recorded or collected in connection with such information, shall be treated as confidential
and, notwithstanding anything contained in the Evidence Act, 1872, no court shall be
entitled to compel the Lokayukta or any public servant to give evidence relating to such
information or produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or
particulars-
(a) for purposes of the inquiry or any report to made thereon or for any action
or proceedings to be taken on such report or
19 of 1923
45 of 1960
(b) for purposes of any proceedings or an offence under the Official Secrets
Act, 1923, or an offence of giving or fabricating false evidence under the
Indian Penal Code or under sub-section(1) and (2) of section 11 ; or
(c) for such other purposes as may be prescribed.
Protection
15. No suit, prosecution or other legal proceeding shall lie against the Lokayukta or
against any officer employee, agency or person referred to in section 13 in respect of
anything which is in good faith done or intended to be done under this Act.
________________________________________________________________________
New Section 13-A added vide H.P. Lokayukta Third Amendment Act, 1987 (See
Extra ordinary gazette.HP dated 17.2.88) Entrustment ofAdditional
Functions on Lokayukta
15-A. The Governor may, after consultation with the Lokayukta and by notification
published in the official gazette , entrust on Lokayukta such additional functions in
relation to the eradication corruption as may be specified in the notification.
(2) The Governor, may by order in writing and after consultation with the
Lokayukta ,entrust on the Lokayukta such powers of supervisory nature over

agencies ,authorities or officers set up, constituted or appointed by the State
Government for the eradication corruption.
(3) When any additional functions are entrusted on the Lokayukta under subsection (1) ,
the Lokayukta shall exercise the same powers and discharge the same
functions as he would in in the case of any investigation made on a complaint
involving an allegation, and the provision of this act shall apply accordingly.
(4) Notwithstanding any thing to the contrary contained in this Act , if the
Governor is satisfied that :-
(a) the quantum of work connected with investigations under this Act is not
sufficient to justify the whole time employment of the Lokayukta: and
(b) the entrustment of additional functions or investigation of matters of
public importance ( not connected with eradication of corruption ) can be performed
or conducted by the Lokayukta without impending or prejudicious of duties to be
performed by him under this Act:
the Governor may , with the consent of the Lokayukta, entrust , either
conditionally or un-conditionally to the Lokayukta:-
(i) to make an enquiry into any definite matters of public importance
referred for enquiry under the commissions of Inquiry Act, 1952: or
60 of 1952
(ii) to perform the functions and to discharge the duties of a statutory office :
and he shall hold said enquiry to perform said functions or discharge said
duties through such officers , employees agencies as are referred to in Section-13.
1. New Section 15 A inserted vide H.P. Lokayukta( first amendment ) Act,1985 (7 of
1986) as published in Extra-Ordinary gazette dated 28
th
January,1986. 60 of 1952
(5) When any additional functions are entrusted under Sub-Section (4) , the Lokayukta
shall exercise the same powers and discharge the same functions as he would have
exercised or discharged under the Commissions of Inquiry Act, 1952, or as the case
may be, under the enactment Constituting or setting up that office in relation to which
he is to perform the functions or to discharge the duties.
Explanation.—For the purpose of this section the expression “statutory office”
shall mean the office constituted or set up by the State Government under a State or
Central Act for the time being in force in the State, and which is to be manned by a
person who is qualified for appointment as, or is a person who is or has been, a Judge
of a High Court.
Power to make rules
16. (1) The State Government may, by notification, make rules for the purpose of
carrying into effect the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the State Legislature while it is in session for a period of fourteen days
which may be comprised in one session or two successive sessions, and if before
the expiry of the session in which it is so laid, or the session immediately following,
the House agrees in making any modification in the rule or the House agrees that
the rule should not be made and notify such decision in the Official Gazette, the
rule shall from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.

Removal of doubts
17. For the removal of doubts, it is hereby declared that nothing in this Act
shall be construed as authorising the Lokayukta to investigate any action which is
taken by or with the approval of—
(a) the Chief Justice or any Judge or the High Court or a Member of the
Judicial Service as defined in Clause(b) of article 236, or a Presiding,
Officer of an administrative tribunal set up under Article 323-A, or an
officer the control whereof vests in the High Court by virtue of Article 235,
of the Constitution ;
(b) any officer or servant of any civil or criminal court in India;
2. Sub-sections(4) and (5) added to section 15 A vide H.P. Lokayukta (Fourth
Amendment) Act, 1992(Act No. 17 of 1992) and published in Extra-ordinary
Gazette, HP dt. 20
th
July, 1992
(bb) under Article 323-A of the Cons(bb) any officer or servant of any
administrative tribunal set up Constitution ;
(c) the Accountant General for Himachal Pradesh ;
(d) the Chief Election Commissioner, the Election Commissioner and the
Regional Commissioners referred to in Article 324 of the Constitution and
the Chief Electoral Officer, Himachal Pradesh State;
(e) the Chairman or a member of the Himachal Pradesh Public Service
Commission ; and
(f) the President or a Member of the Consumer Disputes Redressal

Commission set up by the State Government under clause (b) of section 9
of the Consumer Protection Act, 1986.
Savings
18. The provisions of this Act shall be in addition to the provisions of any
other enactment or any rule of law under which any remedy by way of appeal,
revision, review or in any other manner is available to a person making a
complaint under this Act in respect of any action, and nothing in this Act shall
limit or affect the right of such person to avail of such remedy.
Power to recall complaints
Pending before the Director
of Vigilance
19. (1) Where the Lokayukta decides to inquire into a complaint against a
public servant, he may ascertain from the Director of Vigilance whether any
complaint containing substantially similar allegations against the said public
servant is pending in the Directorate of Vigilance.
(2) If the Lokayukta, on examination of the record referred to in subsection(1), decides to

inquire into the matter himself, he shall inform the
Director of Vigilance accordingly and the complaint, wholly or partly, as the
case may be, shall stand transferred to him for inquiry under the provision of
this Act.
(3) Whenever the Lokayukta decides not to inquire into the matter himself
and returns the complaint to the Director of Vigilance, the latter shall investigate
the complaint returned to him and dispose of the same as if this Act has not
been enacted.
Repeal and savings

3 of 1983
20. (1) The Himachal Pradesh Lokayukta Ordinance, 1983, is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done, or taken, under the
corresponding provisions of this Act, as if this Act had come into force on the
day on which such thing was done or action was taken. THE FIRST SCHEDULE
[See Section 3(3)]
I,……………having been appointed Lokayukta of Himachal Pradesh do swear in
the name of God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and I will duly and faithfully and to the best of
my ability, knowledge and judgement perform the duties of my office without fear or
favour, affection or ill-will.
THE SECOND SCHEDULE
[See Section 5 (4)]
There shall be paid to the Lokayukta in respect of time spent on actual service,
salary at the rate of 9000 rupees per mensem, plus such perquisites and allowances as are
available to serving Judge of the Supreme Court in case he has been a Judge of the
Supreme Court or to a serving Chief Justice of a High Court in case he has been a Chief
Justice of a High Court:
Provided that, if the Lokayukta at the time of his appointment is in receipt of a
pension as a Judge of the Supreme Court or the Chief Justice of a High Court or of a
pension (other than a disability or the wound pension) in respect of any previous service
under the Government of India or any of its predecessor Government or under the
Government of a State or any of its predecessor Government, his salary in respect of
service as Lokayukta, shall be reduced :-
(a) by the amount of that pension; and
(b) if he has, before such appointment, received in lieu of a portion of the
pension due to him in respect of such previous service the commuted value
thereof, by the amount of that portion of the pension; and
(c) if he has, before such appointment, received a retirement gratuity in respect
of such previous service, by the pension equivalent of that gratuity.
with effect from 1
st
April, 1986 for the word and figures “ Rs. 4000 the
figures and word 9, 000 rupees have been substituted vide H.P. Lokayukta
(Second Amendment) Act, 1987 (Act 21 of 1987).
THE HIMACHAL PRADESH LOKAYUKTA (PROCEDDINGS) RULES,
1983
Short title.----- These rules may be called the Himachal Pradesh Lokayukta
(Proceedings) Rules, 1983.
1. Definitions.----(1) In these rules, unless the context otherwise requires :-
(a) “Act” means the Himachal Pradesh Lokayukta Act, 1983;
(b) “Section” means the section of the Act.
(2) The words and expressions used in these rules, but not defined herein, shall have
the same meanings as are respectively assigned to them under the Act.
2. Competent authority.---For the purposes of item (iii) of clause (h) of section 2 of the
Act, the competent authority in relation to any public servant, other than the Chief
Minister, a Minister, a Member of the State Legislature and the officers, as defined under
clause(g) of section 2, shall be the appointing authority of the public servant :
Provided that if the action arises out of the administrative action taken by or with the
approval of a public servant during the period of his deputation to foreign service, the
head of the establishment in which he has been working or had worked shall be
consulted.
4. Complaint-(1) A complaint shall be signed by the complainant and shall be made in
Form-I and it shall be accompanied by an affidavit in From-II in support of its contents.
(2) A complaint may be presented or be sent under registered cover to the Secretary
to the Lokayukta.
5. Affidavit.- An affidavit may be sworn before the Lokayukta or any other Gazetted
Officer subordinate to the Lokayukta and authorised by him in this behalf, besides the
authorities already empowered under any law in force in the State of Himachal Pradesh
before whom affidavit may be sworn.
6 Attendance of witnesses.---(1) If while making any preliminary inquiry or while
conducting any investigation under the Act, or at any time, the Lokayukta on his own
motion examines any person as a witness, whether as witness to give evidence or, to
produce any document in his possession, and if such person is in any private service,
service such person shall be entitled to a certificate in Form III that he attended the office
of the Lokayukta for the purpose of evidence, etc. from the office of the Lokayukta.
Explanation.- For the purposes of this rule, “private service” means any
employment other than that of a public servant.
(2) If a person produces such certificate before his employer, he shall not be deemed to
be absent from duty for the purpose of any action/penalty which would otherwise have
been followed in consequence of such absence.
(3) If such person is a public servant to whom Civil Services Rules or Regulations
apply, he shall obtain a similar certificate that he was so summoned and has attended the
office of Lokayukta. Upon production of such a certificate, he shall be treated as on duty
on the day or dates on which he attended the office of the Lokayukta.
(4) If such a person is in private service or is not employed in any service, such a person
may be paid actual travelling allowance and subsistence allowance at the rates prescribed
by general or special order of the Lokayukta.
7. Application of the Criminal Procedure Code.- The procedure prescribed in sub-section
(1) of section 340 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) shall be
followed in respect of offences referred to in clause(b) of sub-section(1) of section195 of
the said Code and complaint made under section 340 of the said Code shall be signed by
such officer subordinate to the Lokayukta as he may appoint for the purpose.
8. Authentication of orders passed by the Lokayukta.-Any order passed by the Lokayukta
under provisions of the Act, and these rules shall be authenticated in such manner as the
Lokayukta may, by general or special order, from time to time specify.
9. Transaction of business.-(1) The Lokayukta may from time to time by general or
special order, provide for the convenient and efficient transaction of business arising out
of the administration of these rules and the procedure to be followed for the said purpose.
(2) All matters not specially provided for in these rules, whether incidental or ancillary to
the provisions of these rules [ ] shall be regulated in accordance with such orders,
as the Lokayukta may, from time to time, make.
(3) Lokayukta shall have powers, subject to the provisions of the Act to regulate the
conduct of proceedings, investigations and inquires in all matters not provided for in
these rules.
By order and in the name of the Governor of Himachal Pradesh.
The words “or otherwise” deleted vide Notification No. Per(Vig) A-4 (2)/83 dated
14
th
August, 1986.
------------------------------
FORM-I
(See rule 4)
FORM OF COMPLAINT
BEFORE THE LOKAYUKTA, HIMACHAL PRADESH
Complainant…………………..………………………………son of,
d/o,w/o……………………………………………………………….
(add description of profession, residence etc.)
In the matter of allegation against …………………….…………….
,s/o, do ..…………………………………………………………………………..
w/o……………….……………………………………….holding the office
of……….…………………………………………………….
…………………………………………………………………………
at……………………………………………………………………….
The above named complainant is satisfied that the aforesaid public servant:-
(i) has knowingly and intentionally abused his position as such to obtain any undue
gain or favour to himself or to any other person or to cause undue harm to any
other person; and /or
(ii) was actuated in the discharge of his functions as such public servant by corrupt
motives; and/or
(iii) is guilty of corruption; and/or
(iv) is in possession of pecuniary resources of property disproportionate to his known
source of income and such pecuniary resources or property is held by the public
servant personally or by any member of his family or by some other person on
his behalf.
(Strike out the clause or clauses not relevant to the complaint)
To support the allegations the complainant relies on the following facts and is also
filing an affidavit :-
(1)
(2)
(3)
(4)
The complainant has/have not for the same matter resorted to a remedy by way of
proceedings before a tribunal/a court of law/an authority empowred to decide the matter
particulars of which are as under :-
(Give particulars and result if any)
It is, therefore, prayed that an inquiry be made against the said public servant.
………………………………
Signature/or right hand thumb mark of the applicant. VERIFICATION
I,……………………………..s/o,d/o,w/o……….…………………..r/o…………………
……………………………………. hereby verify that the facts stated by me in
paras………………………..to……….……in the complaint are true to my personal
knowledge and /or the facts stated by me in
paras…………………..to…………………………are based on information received
from ………………………………..(give the name) and/or documents, and the same are
believed by me to be true.
………………………………
Signature/right hand thumb mark of the applicant.
FORM-II
(See rule 4)
Note:- This affidavit should be got prepared on a non-judicial stamp paper worth Rs.
3/- and then it should be got attested from Competent Authority or an Oath
Commissioner.
FORM OF AFFIDAVIT
I,………………………………age……………..s/o, d/o, w/o
Shri………………………………………. profession………..…………
Resident of …………… Tehsil………….. District……………do hereby solemnly affirm
and state as follows:-
(1) that I am the complainant in this case ;
(2) that the statements of this complaint petition have been read by/read over to me
and understood heard by me and these are true to the best of my knowledge and
belief ;
(3) that the facts stated by me in paras……………………………
to………………………… are true to the best of my personal knowledge and
facts stated in paras ……………..to………… are based on the information
given to me by Shri …………… and/or documents which, I believe to be ture.
………………………………
Signature/or right hand thumb mark of the applicant.
Place…………………………..
Dated………………………….
Affidavit sworn before me
Certified that the above averment was declared before me on
oath/affirmation this…………………….. day of………………..199.
at…………………… in the District of ………………………….. by
Shri/Smt./Miss…………………. …………….. who was identified by Shri/Smt.
/Miss…………………………………. Who is personally known to me. The contents of
the above affidavit have been read over and explained to the deponent who admitted the
same to be correct and true.
…………………………………
Designation of the authority before whom affidavit is sworn
Place…………………………..
Dated………………………….
FORM-III
[See rule 6 (1)]
FORM OF CERTIFICATE TO BE GIVEN BY THE OFFICE OF THE LOKAYUKTA
TO A PERSON FOR TENDERING EVIDENCE BEFORE LOKAYUKTA
Before the Lok Ayukta, Himachal Pradesh, in the
………………….……………………………………………………… District.
1. Certified that …………………… was summoned to give evidence before the
Lokyukta in his public/private capacity in the case of …………………………………
and was required to attend for a period of …………………………….. days i.e.
from………………….. to ………………………….
2. He was paid the following amounts in accordance with rules for attending the
office of the Lokayukta for the purpose :
3. The amount of Rs…………………………………… as his diet money has
been/ will be paid on (date………………………)
Place …………………….
Date……………………..
Under Secretary,
Lok Ayukta,
Himachal Pradesh.
……………………………………………………………………………
Paragraph 2 is only required in the following case, namely: -
In cases in which government servants, have to give evidence before the Lokayukta,
situated not more than 8 kms. form their headquarters or in their private capacity actual
traveling expenses incurred by them, when the Lokayukta considers it necessary, be paid
to them. THE HIMACHAL PRADESH LOKAYUKTA (CONDITIONS OF SERVICE) RULES,
1984
1. Short title and commencement.---(1) These rules may be called the Himachal
Pradesh Lokayukta (Conditions of Service) Rules, 1984.
(2) These rules shall come into force at once.
2. Definitions .—(1) In these rules, ‘Act’ means the Himachal Pradesh Lokayukta Act,
1983 (17 of 1983).
(2) For the purpose of these rules, the word ‘family’ will have the same meaning as
given for this word in the High Court Judges’ Travelling Allowance rules, 1956
13 (Deleted).
4. Leave.- The Lokayukta shall be entitled to leave, in accordance with the provisions
of the High Court Judges’ (Conditions of Service)
Act, 1954 and the rules made thereunder and applicable to the Chief Justice of High
Court, subject to the modification that the Lokayukta shall be entitled to leave on full
allowances at the rate of one month for each completed year of service and
proportionately for the remaining period of service.
5. Authority competent to grant leave.--- The authority competent to grant or refuse leave
to the Lokayukta or to revoke, curtail leave granted to him, shall be the Governor of
Himachal Pradesh.
6 Provident Fund.- The Lokayukta shall be entitled to subscribe to the General Provident
Fund in accordance with the General Provident Fund (Central Services) Rules 1960, as
amended from time to time and orders issued thereunder.
7. Travelling allowance.- The Lokayukta shall receive such travelling allowance to
reimburse him for expenses incurred in travelling on duty within the territory of India and
shall be afforded such reasonable facilities in connection with travelling as may from
time to time, be prescribed in the High Court Judges’ Travelling Allowance Rules,1956 ;
Provided that a person appointed as Lokayukta shall be entitled to receive as
travelling allowance, the actual expenditure incurred on the journey for self and his
family from the place of his ordinary residence to Shimla on first joining his appointment
and for the journey back to his home town on completion of his tenure, by air, rail or
motor vehicle. Further, he shall be entitled to actual expenditure incurred for the
transportation of luggage2 [ upto a full wagon.
1, deleted and 2,3&4 inserted vide notification No. PER(VIG)A-(4)-2/83, dated 15-11-
85 Published in Extra, ordinary Gazette dt, 14.12.1985.
5.The words “the Act or” deleted vide Notification No. RER(VIG)A-(4)-2/83 dated
15.11.85 Published in Extraordinary Gazette dated 14.12.1985 Provided further that in the
event of the death of Lokayukta while in office the
members of his family shall be entitled to the actual expenditure incurred on the Journey
of the family and for the transportations of their luggage 3[upto a full wagon] from the
headquarters to the home town of the Lokayukta in case the journey is performed within
six months of the death of the Lokayukta.
4[Explanation.- For the purpose of these rules, the words “full wagon will have the
same meaning as given for these words in rule 1 A of the High Court Judges’ Travelling
Allowance Rules, 1956].
8. Facilities for medical treatment.- The Lokayukta and the members of his family
shall be entitled to such facilities for medical treatment for accommodation in
Government hospitals as are admissible to the Chief Justice of High Court of Himachal
Pradesh and the members of his family.
9. Facility for residential accommodation.- The Lokayukta shall be entitled for

residential accommodation on the same terms and conditions as are applicable to the
Chief Justice of the High Court of Himachal Pradesh
10. Other conditions of service.- The conditions of service of the Lokayukta for which
no express provisions have been made in 5[ ] these rules, shall be the same as are
applicable to the Chief Justice of the High court of Himachal Pradesh.
By order and in the name of the Governor of Himachal Pradesh.
DEPARTMENT OF PERSONNEL (VIGILANCE)
NOTIFICATION
Shimla-2, the 6
th
December, 1983
No. Per (Vig) A (4)-2/83-II.- The Governor, Himachal Pradesh is pleased to order
that the hours of work & holidays for the Lokayukta and his office shall be such as may
be declared by the Lokayukta from time to time, but save as otherwise so declared, the
Lokayukta and his office shall observe the same public holidays as are observed by the
High Court of Himachal Pradesh and such local holidays as are declared by the local
authorities form time to time.
By order,
A.K. MOHAPATRA,
Secretary GOVERNMENT OF HIMACHAL PRADESH
OFFICE OF THE LOKAYUKTA
ORDER
Shimla-2, the 20
th
March, 1986
No. Loka-4 (E)-1/83.- In exercise of the powers vested in him under rule 6(4) of
the Himachal Pradesh Lokayukta(Proceedings) Rules, 1983, the Lokayukta, Himachal
Pradesh, hereby prescribes the rates for the payment of diet and road money to be paid to
the witnesses, as shown in the Schedule I below :-
SCHEDULE-I
(Diet and road money)
Rate per diem
Class
(a) For unskilled labour, Peons etc. Rs. 15/-per diem
(b) For skilled labour, Clerks etc. Rs. 20/-per diem
(c) For other having somewhat special status Rs. 25/-per diem.
Note.-(1) The above rate (s) may be increased at the discretion of Lokayukta
keeping in view the circumstances of each case.
Note.-(2) The Lokayukta, may allow diet and road money to the complainants and
witnesses at his discretion having regard to the variety of allegations in
the complaint as also the financial position of such a person.
Note.-(3) No diet and road money shall be paid to a Government servant of the
State Government. However, the payment of diet and road money may
be considered in respect of “public servants” referred to in sub-clause (4)
to (11) of section 2 of the Himachal Pradesh Lokayukta Act, 1983
provided such a person is not in the service or pay of Government

company, Local Body, University, Zila Parishad, Panchayat Samiti, Apex
Society, Co-operative Society, Statutory, Non-statutory body.
A Court attendance certificate in the prescribed proforma as in Form-III shall be
issued in favour of all witnesses and complainants for their attendance.
Note. (4) The Lokayukta, Himachal Pradesh shall determine the class under which
the witness shall be ranked. TRAVELLING RATES
(1) Ordinary bus fare by a shortest route may be paid to a witness for to and fro
journey performed to attend the Court from the place of residence or office of such a
person.
(2) When the Journey is performed by rail, only second class fare for to and fro
journey may be paid to such a person.
(3) If the journey is performed from such a place where mode of travel is both bus
and rail, the expenses of the cheapest of the two modes may be re-imbursed.
Note.- (1) The Lokaukta, Himachal Pradesh may exercise his discretion to allow
travelling expenses at higher rates, then prescribed above, for to and fro
Journey to the witnesses, in exceptional case having regard to the status
of such a person.
2. The expenditure of witnesses etc. shall like ordinary contingent expenses be
debited to the grant under Head “265” Other Administrative Services (b) Special
Commission of Inquiry-(b) (I) Lokayukta (Non-Plan) office expenses.
By order,
T.V.R. TATACHARI
Lokayukta, Himachal Pradesh

With effect from 1-4-1987, the figure “265” be read as “2070”. The Institution of
Lokayukta has been functioning in Himachal Pradesh since
1983 under the H.P. Lokayukta Act, 1983. All the activities of this Institution are of
confidential nature and as such these can not be disclosed in the public interest.
i) the particulars of its
organization, functions
and duties;
Lokayukta – Head of the Institution.
Lokayukta shall inquire into the allegations made against public
servants as per provisions contained in H.P. Lokayukta Act, 1983.
ii) the powers and duties
of its officers and
employees;
1.Secretary- Head of the Institution.
1. All Administrative matters.
2. All financial matters.
3. To assist Lokayukta in discharge of his duties.
4. Appointing and Disciplinary Authority in respect of all
categories of staff of Lokayukta, H.P.
5. To co-ordinate with State Government.
2..Legal Advisor
To advise the Hon’ble Lokayukta Himachal Pradesh in the
legal and complaints matter.
3..Conservator of Forests.
Investigation of complaints pertaining to Lokayukta
Institution.
4.Deputy Inspector General of Police.
Investigation of complaints pertaining to Lokayukta
Institution.
5.Deputy Secretary/Under Secretary.
1. Head of Office.
2. Drawing and Disbursing Officer.
3. Controlling Officer in respect of Class-II, III & IV Posts.
4. All correspondence relating to administrative matters and
financial matters are routed through him to Secretary,
Lokayukta .
6. Private Secretaries.
To Assist the Hon’ble Lokayukta/Secretary Lokayukta in
their day to day disposal of work and carry out such duties
officially assigned by them. To handle confidential / secret
nature of files.
7.Section Officer.
1. Supervision of all works relating to establishment, budget,
Vehicles, maintenance of office building, Store, Stationery
etc.
2. Head of Office in the absence of Deputy Secretary/Under
Secretary.
3. To keep careful watch on the movement of dak and files

between sections and higher authorities. 8. Reader
1. To deal with the complaints/ cases received in the Institution
of Lokayukta.
2. To maintain record of all complaints/cases received under
H.P. Lokayukta Act. 1983.
3. Preparation of Annual Consolidated Reports of Lokayukta
Cases/complaints.
9.Personal Assistants/ Jr. Scale Stenographers.
Maintaining the day-to-day meeting index of the officer
Concerned.
1. Dictation work.
2. Typewriting.
3. To handle files/records of confidential and secret nature.
4. To attend telephone calls.
5. To assist the authorities in quick decision making through
dictation and typing.
6. Control over vehicle/Drivers.
7. Making tour programmes of officer concerned.
8. Other duties assigned by the Officer-in-charge.
10.Senior Assistants/Junior Assistants.
1. To deal with receipts and submit cases to the Section
Officer.
2. To maintain record/registers.
3. To deal cases including noting drafting.

4. To present complete cases with all relevant data and also.
Information with past precedents and viable/feasible
solutions to facilitate the authorities to arrive at the definite
decisions.
5. Typing work.
6. Preparation of all kinds of bills.
7. Establishment matters, maintenance of service books,
service record, pension cases, disciplinary matters, pay
fixation, finalization of seniority, court cases etc.
8. Preparation of budget, reconciliation of expenditure with
A.G.
9. Income Tax returns.
10. Maintenance of stock/stores.
11. Other duties assigned by the officer incharge.
11. Clerks.
1. Diary/dispatch work.
2. Typing work.
3. To maintain causal leave account.
4. To maintain attendance register.
5. To open files.
6. Maintain record and files.
7. Other duties assigned by the officer incharge. iii) the procedure
followed in decision
making process,
including channels of
supervision and
accountability;
12. Sub-Inspector of Police.
To assist the Supdt. of Police Lokayukta in investigation of
Comlaints of Lokayukta.
13. Assistant Sub-Inspector of Police.
To see all security arrangements of Lokayukta, H.P.
14. Orderly (Constable).
Attached with Supdtt. Of Police, Lokayukta.
15. Drivers.
To drive departmental vehicles.
16. Process Server.
To perform the duties to carry and deliver dak within and
Outside the office.
17. Jamadar.
1. To attend the calls of officers with whom posted.
2. Ensure the cleanliness and general up-keep the rooms,
3. Stitching of files.
18. Peon.
To carry and deliver dak within and outside the office,
ensure the cleanliness, general upkeep of the office/
section where posted and of the furniture, fixure and
equipment, perform miscellaneous jobs attend to any other

work they may be assingned.
19. Chowkidar.
To keep watch and ward during and after office hours.
20. Frash-cum-Mali.
1. Dusting.
2.Preparation and maintenance of flower beds and flower
Pots.
21. Sweeper.
To sweep, mop the rooms, corridors, urinals, baths, wash
Basins and to collect and dispose of all waste in the office.
1. Complaints/ Cases.
Complaints/ cases filed before Lokayukta are presented by the
Reader to Hon’ble Lokayukta for orders. Decisions taken by
Hon’ble Lokayukta are implemented by the supporting staff
such as, Secretary, Deputy Secretary, Reader and Senior
Assistants.
2. Administrative Matters.
All cases received in this Institution are submitted on files by
the concerned Dealing Assistants, supervised; by the Section
Officer and submitted to the Deputy Secretary/ Under
Secretary. He submits it further to the Secretary. Routine
matters and informatory references are disposed of at Deputy
Secretary/ Under Secretary level. In Financial matters/
expenditure sanctions, decision taking powers rests with the

Hon’ble Lokayukta and Secretary, Lokayukta. iv) the norms set by it for
the discharge of its
functions;
v)the rules, regulations,
instructions, held by it or
under its control or used
by its employees for
discharging its functions;
vi) a statement of the
categories of documents
that are held by it or
under its control;
vii) the particular of any
arrangement that exists
for consultation with, or
representation by the
members of the public in
relation the formulation
of its policy or
implementation thereof;
viii) a statement of the
boards, councils,
committees and other
bodies consisting of two

or more persons
constituted as its part or
for the purpose of its
advice, and as to whether
meetings of those boards,
councils, committees and
other bodies are open to
Not applicable.
The various Acts, Rules, Regulations, Instructions followed are as
under:-
1.H.P. Lokayukta Act, 1983.
2.H.P. Lokayukta (Proceedings) Rules, 1983.
3.H.P. Lokayukta (Conditions of Service) Rules, 1984
1. F.R.& S.R.
2. Leave Rules.
3. T.A.Rules.
4. L.T.C.Rules.
5. Pension Rules.
6. C.C.S.(C.C.A.) Rules.
7. Conduct Rules.
8. G.P.F.Rules.
9. Medical Attendance Rules.
10. Delegation of Financial Powers Rules.
11. H.P. Financial Rules.

12. H.P. Budget Manual.
13. Office Manual.
14. Vehicle Rules.
15. R & P Rules for filling up of various posts.
1. Booklet of Annual Budget allocated by the Govt.
2. H.P.Lokayukta Act, 1983.
3. Annual Consolidated Reports of Lokayukta.
Not applicable.
Not applicable.
the public, or the minutes
of such meetings are
accessible for public;
ix) a directory of its
officers and employees;
x) the monthly
remuneration received by
each of its officers and
employee, including the
system of compensation
as provided in its
regulations;
1. Lokayukta.
2. Secretary.
3. Legal Adviser.
4. Conservator of Forest.
5. Deputy Inspector General of Police.
6. Deputy Secretary.
7. Sr, Private Secretary.
8. Private Secretary.
9. Reader.
10.Section Officer.
11.Revenue Officer.
12. Personal Assistant.
13. Senior Assistant.
14. Junior Scale Stenographer.
15. Clerks/ Sr. Clerk /Jr. Assistant.
16. Sub-Inspector of Police.
17. Security (Constable).
18. Orderly (Constable).
19.Driver.
20.Process Server,
21.Jamadar.
22.Peon.
23.Chowkidar.
24.Frash.
25.Mali.
26.Sweeper
Name of Post Pay Scale No.of Post.
1. Lokayukta. 30,000/- 1
2. Secretary. 18,400 -22,400. 1
3. Legal Advisor. 18,750 -22,850 . 1
4. Conservator of Forest. 12000-15500 1
5. DIG/ Supdt. of Police 16350-20100+600 S.P. 1
6. Under Secretary 10025-15100+ 800 S.A. 1
7. Sr. Pvt.Secretary 10025-15100+1000 S.A. 1.
8. Private Secretaries 7220-11660+700 S.A. 3
9. Reader 7220-11660+600 S.A. 1
10 Section Officer 7220-11660+400 S.A. 1
11. Revenue Officer 7000-10980 1
12. Sr. Assistants 5800-9200+240 S.A. 6
13. Personal Assistant 6400-10640+300 S.A. 1
14.. Clerk/ 3120-5160+120 S.A
Junior. Assistants. 500-8100+150 S.A. 3
15. Jr. Scale Stenographers 4020-6200+150 S.A. 2
16. Sub-Inspector of Police.5480-8925 1

17. Security Officer (A.S.I.)4550-7220 1
18. Orderly (Constable) 3120-5160 1 xi) the budget allocated
to each of its agency,
indicating the particulars
of all plans, proposed
expenditures and reports
on disbursements made;
xii) the manner of
execution of subsidy
programs, including the
amounts allocated and the
details of beneficiaries of
such programs;
xiii) the particulars of
recipients of concessions,
permits or authorizations
granted by it;
xiv) details in respect of
the information, available
to or held by it, reduced
in an electronic form;
xv) the particulars of
facilities available to
citizens for obtaining

information, including;
19. Driver 3330-6200+700 S.A. 6
20 Process Server 2720-4260+120 S.A. 1
21. Jamadar 2720-4260+120 S.A. 2
22. Peon 2520-4140+120 S.A. 7
23. Chowkidar. 2520-4140+120 S.A. 1
24. Frash 2520-4160+120 S.A. 1
25. Mali 2520-4160+120 S.A. 1
26. Sweeper 2520+4160+120 S.A. 2
Demand No. 3
Major Head 2070-other Administrative Services
105-Special Commission of Inquiry
01-Lokayukta-Non-Plan- Charges
S.O.E. Sanctioned Budget
2007-2008
01-Salary 86,41,000.00
02-Wages 65,000-00
03-Travel Expenses 65,000-00
05-Office Expenses 4,14,000-00
06-Medical Reimbursement 1,14,000-00
08-Publication 1,000-00
11-Furnishing 1,000-00
30-Motor Vehicle 4,65 ,000-00
64-Transfer Expenses 20,000-00
_______________
Total: 97,86,000-00
_______________
Not applicable.
Not applicable.
So far no information has been kept in the electronic form
Not applicable.
xvi the particulars of
facilities available to
citizens for obtaining
information, including the
working hours of a library
or reading room, if
maintained for public use;
xvii) the names,
designations and other
particulars of the Public
Information Officers.
xviii) such other
information as may be
prescribed;
Not Applicable
1. Shri R.R.Kaundal, Section Officer, Lokayukta, H.P. Shimla-
171002 for Administration Sides.
2. Shri Rajinder Kumar Reader Lokayukta, H.P. Shimla-171002
for Complaint Side
The Office of the Lokayukta remained vacant from May 8, 2003 to
May 4, 2006. Mr Justice Bhawani Singh Chief Justice, Jammu&
Kashmir, Madhya Pradesh and Gujarat assumed the office of
Lokayukta, Himachal Pradesh on May 5, 2006.
The Institution has already presented the Twenty Second Annual
Consolidated Report for the period ending December, 2007 to the
Government of Himachal Pradesh giving the details of the complaints
received and disposed of during the year.
Lokayukta Himachal Pradesh,
Pines Grove Building Shimla-171002.
Public Information Officers.
Name of the Department/Offices: Lokayukta Himachal Pradesh
Pines Grove Building Shimla-171002.
Details of PIO, APIO and Appellate Authority
A)Name of the
Public
Information
Officer(PIO)
Designation Complete
Office
Address
Office
Telephone
No.
E-Mail
address
Jurisdiction units under his
control for which he will
rendering information to
applicants
Shri Rajinder
Kumar.
Reader
Lokayukta
HP.
Lokayukta
Himachal
Pradesh
Pines Grove
Building
Shimla-
171002
2623339 Nil In complaints side.
Shri
R.R.Kaundal.
Section
Officer,
Lokayukta
H.P.
-do- 2623339 -do- In administration side.
C)Name of the
Appellate
Authority
Deputy
Secretary
Lokayukta
H.P.
-do- 2623339 -do- 1. In complaints side.
2. In administration
Side
LOKAYUKTA
HIMACHAL PRADESH
1. Home
2. Contact
3. Log in
GENERAL
ACT'S & RULE'S
Lokyukta Act
COMPLAINT STATUS

Complaint Report
Reports of Lokayukta
 If, after inquiry in respect of a complaint,

the Lokayukta is satisfied,--
(a)that no allegation made in the
complaint has been substantiated either
wholly or partly, he shall close the case
and intimate the complainant, the public
servant and the competent authority
concerned accordingly.
(b)that all or any of the allegations made
in the complaint have or has been
substantiated either wholly or partly, he
shall, by report in writing, communicate
his findings and recommendations to the
competent authority and intimate the
complainant and the public servant
concerned about his having made the
report.
 The competent authority shall examine

the report forwarded to it under clause
(b) of sub-section(1) and communicate to
the Lokayukta, within three months of
the date of receipt of the report, the
action taken on the basis of the report.
 If the Lokayukta is satisfied with the

action taken, on the basis of his report
under clause (b) of sub-section (1), he
shall close the case and intimate the
complainant, the public servant and the
competent authority concerned
accordingly, but where he is not so
satisfied and if he considers that the case
so deserves, he may make a special
report upon the case to the Governor
concerned about his having made such
report.
 The Lokayukta shall present annually to

the Governor a consolidated report on
the administration of this Act.
 At the commencement of the session of

the State Legislative Assembly after the
expiry of ninety days from the
presentation of the special report under
sub-section(3) the annual report under
sub-section(4) or earlier thereto the
Governor shall cause the same together
with an explanatory memorandum to be
laid before the State Legislative Assembly
Section 11-A, added vide HP Lokayukta
(Second Amendment) Act, 1987(Act 21 of
1987) as Published in HP Extra ordinary
Gazette, dated 20-10-1987.
(a)that no allegation made in the

complaint has been substantiated either
wholly or partly, he shall close the case
concerned accordingly.
(b)that all or any of the allegations made
in the complaint have or has been
substantiated either wholly or partly, he
shall, by report in writing, communicate
his findings and recommendations to the
competent authority and intimate the
complainant and the public servant
concerned about his having made the
report.
 The competent authority shall examine

the report forwarded to it under clause
(b) of sub-section(1) and communicate to
the Lokayukta, within three months of
the date of receipt of the report, the
action taken on the basis of the report.
 If the Lokayukta is satisfied with the

action taken, on the basis of his report
under clause (b) of sub-section (1), he
shall close the case and intimate the
complainant, the public servant and the
competent authority concerned
accordingly, but where he is not so
satisfied and if he considers that the case
so deserves, he may make a special
report upon the case to the Governor
concerned about his having made such
report.The Lokayukta shall present
annually to the Governor a consolidated
report on the administration of this Act.
 At the commencement of the session of

the State Legislative Assembly after the
expiry of ninety days from the
presentation of the special report under
sub-section(3) the annual report under
sub-section(4) or earlier thereto the
Governor shall cause the same together
with an explanatory memorandum to be
laid before the State Legislative
Assembly.

FORM-I
(See rule 4)
FORM OF COMPLAINT
BEFORE THE LOKAYUKTA, HIMACHAL PRADESH
Complainant…………………..………………………………son of,
d/o,w/o……………………………………………………………….
(add description of profession, residence etc.)
In the matter of allegation against …………………….…………….

,s/o, do ..…………………………………………………………………………..
w/o……………….……………………………………….holding the office
of……….…………………………………………………….
…………………………………………………………………………
at……………………………………………………………………….
The above named complainant is satisfied that the aforesaid public servant:-
(i) has knowingly and intentionally abused his position as such to obtain any undue gain or
favour to himself or to any other person or to cause undue harm to any other person;
and /or
(ii) was actuated in the discharge of his functions as such public servant by corrupt
motives; and/or
(iii) is guilty of corruption; and/or
(iv) is in possession of pecuniary resources of property disproportionate to his known source
of income and such pecuniary resources or property is held by the public servant
personally or by any member of his family or by some other person on his behalf.
(Strike out the clause or clauses not relevant to the complaint)
To support the allegations the complainant relies on the following facts and is also filing an
affidavit :-
(1)
(2)
(3)
(4)
The complainant has/have not for the same matter resorted to a remedy by way of
proceedings before a tribunal/a court of law/an authority empowred to decide the matter
particulars of which are as under :-
(Give particulars and result if any)
It is, therefore, prayed that an inquiry be made against the said public servant.
………………………………
VERIFICATION
I,……………………………..s/o,d/o,w/o……….…………………..r/o…………………………
……………………………. hereby verify that the facts stated by me in
paras………………………..to……….……in the complaint are true to my personal knowledge
and /or the facts stated by me in paras…………………..to…………………………are based on
information received from ………………………………..(give the name) and/or documents, and
the same are believed by me to be true.
………………………………
Signature/right hand thumb mark of the applicant.
FORM-II
(See rule 4)
Note:- This affidavit should be got prepared on a non-judicial stamp paper worth Rs. 3/- and
then it should be got attested from Competent Authority or an Oath Commissioner.
FORM OF AFFIDAVIT
I,………………………………age……………..s/o, d/o, w/o
Shri………………………………………. profession………..…………
Resident of …………… Tehsil………….. District……………do hereby solemnly affirm and
state as follows:-
(1) that I am the complainant in this case ;
(2) that the statements of this complaint petition have been read by/read over to me and
understood heard by me and these are true to the best of my knowledge and belief ;
(3) that the facts stated by me in paras……………………………
to………………………… are true to the best of my personal knowledge and facts
stated in paras ……………..to………… are based on the information given to me by
Shri …………… and/or documents which, I believe to be ture.
………………………………
Place…………………………..
Dated………………………….
Affidavit sworn before me
Certified that the above averment was declared before me on oath/affirmation
this…………………….. day of………………..199. at…………………… in the District of
………………………….. by Shri/Smt./Miss…………………. …………….. who was identified
by Shri/Smt. /Miss…………………………………. Who is personally known to me. The

contents of the above affidavit have been read over and explained to the deponent who
admitted
the same to be correct and true.
…………………………………
Designation of the authority before whom affidavit is sworn

Place…………………………..
Dated………………………….
FORM-III
[See rule 6 (1)]
FORM OF CERTIFICATE TO BE GIVEN BY THE OFFICE OF THE LOKAYUKTA TO A
PERSON FOR TENDERING EVIDENCE BEFORE LOKAYUKTA
Before the Lok Ayukta, Himachal Pradesh, in the
………………….……………………………………………………… District.
1. Certified that …………………… was summoned to give evidence before the Lokyukta
in his public/private capacity in the case of ………………………………… and was required to
attend for a period of …………………………….. days i.e. from………………….. to
.…………………………
2. He was paid the following amounts in accordance with rules for attending the office of
the Lokayukta for the purpose :

3. The amount of Rs…………………………………… as his diet money has been/ will
be paid on (date………………………)
Place …………………….
Date……………………..
Under Secretary,
Lok Ayukta,
Himachal Pradesh.
……………………………………………………………………………
Paragraph 2 is only required in the following case, namely: -
In cases in which government servants, have to give evidence before the Lokayukta, situated
not more than 8 kms. form their headquarters or in their private capacity actual traveling
expenses incurred by them, when the Lokayukta considers it necessary, be paid to them.
What is lok pal and lok ayukhta?

 5 years ago
 Report Abuse
utcursch
Best Answer - Chosen by Voters

Lokpal (or Lok Pal) and Lokayukta (Lok Ayuktha) are the Indian versions of Ombudsman. An
ombudsman is an official, usually (but not always) appointed by the government or by
parliament, who is charged with representing the interests of the public by investigating and
addressing complaints reported by individual citizens.
Lokpal is an officer who investigates complaints of citizens of unfair treatment meted out to
them by Government Departments and suggests remedy thereof, if he finds that a complaint is
justified.
Lok Ayukta is a person appointed by the Governer of an Indian state for the purpose of
conducting inquires against state-level officials above the rank of deputy commissioners, Chief
Minister, Members of the Legislative Assembly, Municipal Councilors, and the Chairman, Vice
Chairman, Managing Director and Members of Boards which are subject to the control of the
Government.
Source(s):
http://rajyasabha.gov.in/book2/reports/h…
Lokayukta
From Wikipedia, the free encyclopedia
The LokAyukta (also Lok Ayukta) is an anti-corruption ombudsman organization in the Indian

states[1][2]. These institutions were to set up on the pattern of the institution of Ombudsman in
Scandinavian countries and Parliamentary Commissioner for Investigation in New Zealand.
The Administrative Reforms Commission(ARC) headed by Morarji Desai submitted a special

interim report on "Problems of Redressal of Citizen's Grievances' in 1966. In this report, the ARC
recommended the setting up of two special authorities designated as 'Lokpal' and
'Lokayukta' for the redressal of citizens' grievances.
The LokAyukta helps people bring corruption to the fore mainly amongst the politicians and
officers in the government service. It is to be noted that the LokAyukta conducts raids. But
surprisingly, it does not have binding powers to punish anyone [3]. Owing to this, many acts of
the LokAyukta have borne not enough fruit since the raided officers manage to free themselves
from the clutches of the Indian Law[4].
Contents
[hide]
1 Constitutional Amendment for Effectiveness

2 Lokayukta/Lokpal/Lokaayog Acts in Indian
States
3 Prominent Lok Ayuktas
4 References
[edit]Constitutional Amendment for Effectiveness
An amendment to the Constitution has been proposed to implement the Lokayukta uniformly

across Indian States. The proposed changes will make the institution of Lokayukta uniform
across the country as a three-member body, headed by a retired Supreme Court judge or high
court chief justice and comprise the state vigilance commissioner and a jurist or an eminent
administrator as other members [5].
Major anti-corruption cases and investigations as Lok Ayukta of Karnataka
The Lok Ayukta had exposed major irregularities in mines in Bellary, including those owned
by Obulapuram Mining Company and by G. Karunakara Reddy, G. Janardhana Reddy and G.
Somashekara Reddy who are ministers in the Government of Karnataka.[5] He has expressed
concern about illegal mining taking place in state of Karnataka which have
deep repercussion for ecology and to exchequer of state.[6] A report constituted by the
LokAyukta uncovered major violations and systemic corruption in iron-ore mining in Bellary.
There were violations in the allowed geography, encroachment of forest land, massive
underpayment of state mining royalties relative to the market price of iron ore and systematic
starvation of government mining entities. The damage to public interest was so serious that he
recommended banning all exports of iron ore and limiting iron ore production for captive
production of iron and steel[7][8]

Lokayukta Himachal Pradesh: General

Uploaded by

Copyright:

Available Formats

Lokayukta Himachal Pradesh: General

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lokayukta Himachal Pradesh: General

Uploaded by

Copyright:

Available Formats

LOKAYUKTA

 Complaint Form In English

"...Harassment of a common man by public authorities is socially abhorring and legally

GOVERNMENT OF HIMACHAL PRADESH

ORDER Shimla-2,20th March,1986No. Loka-4 (E)-1/83.-In exercise of the powers vested

 Complaint Form In English

HON’BLE MR.JUSTICE BHAWANI SINGH

[Authoritative English text of the Himachal Pradesh Lokayukta Adhiniyam, 1983 as

required under Clause(3) of Article 348 of the Constitution of India]

THE HIMACHAL PRADESH LOKAYUKTA ACT, 1983

Extent & commencement.

(2)It extends to the whole of the State of Himachal Pradesh.

2. In this Act, unless the context otherwise inquires,---

action shall be construed accordingly;

to any other person:

(12) of clause (f) of section 2 shall be excluded therefrom; or

(iii) is guilty of corruption ; or (iv) is in possession of pecuniary resources or property

known source of income and such pecuniary resources or property held

by the public servant personally or by any member of his family or by

some other person on his behalf.

unmarried daughters living jointly with him or dependent on him ;

(c) “Lokayukta” means a person appointed as a Lokayukta under

(d) “corruption” includes any act punishable under Chapter IX of

the Indian Penal Code or the Prevention of Corruption Act, 1988 ;

(e) “Minister” means a member of the Council of Ministers, by whatever name

Parliamentary Secretary and Parliamentary Secretary ;

(f) “public servant” means a person, who is or has been—

(2) a Member of the Legislative Assembly of Himachal Pradesh.

State of Himachal Pradesh,

(4) a Chairman, Vice-Chairman, Managing Director or a member of the

Board of Directors or Chief Executive Officer, by whatever name called, of a

Government Company within the meaning of section 617 of the Companies

is held by the State Government, or any company which is a subsidiary of a

held by the State Government.

(5) a Mayor, Deputy Mayor, Councillor or Commissioner of a Municipal

Corporation constituted by or under the Himachal Pradesh Municipal

Corporation Act, 1994

(6) a President, Vice-President, a member or Administrator of a Municipal

Committee or Notified Area Committee or deemed to have been

Constituted of H.P. Municipal Corporation Act, 1994,

established or deemed to have been established by or under any law of the

(8) a Chairman or Vice-Chairman of the Zila Parishad or Panchyat Samiti

constituted by or under the Himachal Pradesh Panchayati Raj Act, 1994,

(9) a President or Vice-President or member of any managing committee of an

Apex Society incorporated by or under the Himachal Pradesh Co-operative

(10) a President, Vice-President, Managing Director or a member of the Board

of Directors of such other Co-operative Societies incorporated by or under

the Himachal Pradesh Co-operative Societies Act, 1968, as may be

notified by the State Government from time to time ;

(11) a Chairman, Vice-Chairman, Managing Director or the Chief Executive

Officer by whatever name called, of any statutory or non-statutory body

incorporated or set up by the State Government,

(12) in the service or pay of a Government Company, Local Body,

University, Zila Parishad, Panchayat Samiti, Apex Society, Co-operative

Society, statutory or non-statutory body referred to in sub-clauses(4) to

(11) of this clause, and

or an authority referred to in sub-clause(12) and notified by the State

Government in the Official Gazette from time to time ;

(g) “ officer” means and includes,--