Himachal pradesh act 021 of 1987 : Himachal Pradesh Lokayukta (Second Amendment) Act, 1987

Preamble

Himachal Pradesh Lokayukta (Second Amendment) Act, 1987*

[Himachal Pradesh Act No. 21 of 1987]1[19th September, 1987]

An Act further to amend the Himachal Pradesh Lokayukta Act, 1983 (Act No. 17 of 1933).

It is hereby enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-eighth Year of the Republic of India, as follows:-

1. passed in Hindi by the Himachal Pradesh Vidhan Sabha on the 9th September, 1987. For Statement of Objects and Reasons see R.H.P., Extra, dated 10-9-1987 p. 1654, and p. 1656.

* Received the assent of the President of India on the 19th September, 1987 and was published in English in Rajpatra, Himachal Pradesh (Extra-ordinary dated the 20th October, 1987 at page 2091 and in Hindi in Rajpatra, Himachal Pradesh (Extra-ordinary) dated 24th September, 1987 at page 1810)

Section 1. Short title and commencement

1. Short title and commencement.- This Act may be called the Himachal Pradesh Lokayukta (Second Amendment) Act, 1987.

(2) It shall be deemed to have come into force with effect from the 21st day of July, 1987.

Section 2. Amendment of section 11

2. Amendment of section 11.- Sub-section (3) of section 11 of the Himachal, Pradesh Lokayukta Act, 1983 (17 of 1983) (hereinafter called the principal Act) shall be omitted.

Section 3. Insertion of new section 11-A

3. Insertion of new section 11-A.- After section 11 of the principal Act, the following new section 11-A, alongwith its heading shall be added, namely:-

"11-A. Power to punish for contempt.- 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 (70 of 1971) shall have effect subject to the modifications 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; and

(c) in proviso to sub-section (1) of section 19 a reference to "Judicial Commissioner in any Union territory "shall be construed as including a reference to the Lokayukta."

Section 4. Amendment of Second Schedule

4. Amendment of Second Schedule.- In the Second Schedule to the principal Act, with effect from 1st April, 1986, for the word and figures "Rs. 4,000", the figures and word "9,000 rupees" shall be substituted.

Section 5. Repeal and savings

5. Repeal and savings.- (1) The Himachal Pradesh Lokayukta (Second Amendment) Ordinance, 1987, (4 of 1987) is hereby repealed.

(2) Not withstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken, under the correspondig provisious of this Act, as if this Act had come into force on the day on which such thing was done or action was taken.

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