Himachal pradesh act 017 of 1992 : Himachal Pradesh Lokayukta (Fourth Amendment) Act, 1992

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Lokayukta (Fourth Amendment) Act, 1992.

Section 2. Amendment of section 4

2. Amendment of section 4.- At the end of section 4 of the Himachal Lokaynkta Act, 1983 (17 of 1983) (hereinafter called the principal Act), the following Explanation shall be inserted, namely:-

"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 functions or conferred powers to discharge the said functions under section 15-A of this Act,"

Section 3. Amendment of section 8

3. Amendment of section 8.- In section 8 of the principal Act, clause (b) shall be omitted.

Section 4. Amendment of section 15-A

4. Amendment of section 15-A.- In section 15-A of the principal Act, the following sub-sections (4) and (5) shall be added, namely:-

"(4) Notwithstanding anything 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 assignment of additional functions or investigations of matters of public importance (not connected with eradication of corruption) can be performed or conducted by the Lokayukta without impending or prejudice of the duties to be performed by him under this Act;

the Governor may with the consent of the Lokayukta entrust, either conditionally or unconditionally, to the Lokayukta-

(i) to make an inquiry into any definite matter of public importance referred for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952); or

(ii) to perform the functions and to discharge the duties of a statutory office;

and he shall hold said inquiry or perform said functions or discharge said duties through such officers, employees and agencies as are referred to in section 13.

(5) When any additional functions are conferred under sub-seclion (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 (60 of 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 a Central Act, for the time being inforce 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"

Section 5. Amendment of section 17

5. Amendment of section 17.- In section 17 of the principal Act-

(i) for clause (a), the following clause (a) shall be substituted, namely:-

"(a) the Chief Justice or any Judge of 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 setup under Article 323-A, or an officer the control whereof vests in the High Court by virtue of Article 235 of the Constitution;";

(ii) after clause (b) the following clause (bb) shall be inserted, namely:-

"(bb) any officer or servant of any administrative tribunal set up under Article 323-A of the Constitution;";

(iii) in clause (d) the word "and" appearing at the end shall be omitted; and

(iv) in clause (e) for the sign "." occurring at the end the sign and word "and" shall be substituted and after clause (e) so amended, the following clause (f) shall be added, namely:-

"(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 Protretion Act, 1987 (86 of 1936)".