The Tripura Lokayukta Act, 2008

THE TRIPURA ACT NO 1 OF 2010 I THE TRIPURA LOKAYUKTA ACT, 2008. i I n PUBLISHED IN THE EXTRAORDINARY ISSUE OF ' TRIPURA GAZETTE Agartafa, Monday, March 22, 2010 A. D., Chaitra 1, 1932 S. E. GOVERNMENT OF TRIPURA LAW DEPARTMENT r No.F.8(9)-Law/Leg-112008 Dated, Agartala the22"“ March, 2010. I ThefoliowingAct ofthe Tripura LegislativeAssembly receivedthe assent of thePresident on 24‘-02-2010andis herebypublishedfor GeneralInformation. S.C. Das. Secretary, Law. Government ofTripura. THE TRIPURA ACT NO. 1 OF 2010 The Tripura Lokayukta Act, 2008 A Bill to provide for the establishment of the institution ofLokqvukta to investigate the complaints by the citizens against the pul)lic_fimcti0naries in Tripura allegingcorruptpractices by them andformatters directly connectedtherewith. WHEREAS it is expedient to provide for the establishment of the institution of Lokayukta to investigate the complaints by the citizens against the public functionaries in Tripura alleging corrupt practices by them and for matters directly connected therewith; Be it enacted by the Tripura Legislative Assembly in the Fifty-Ninth year of the Republic oflndia as follows : Shttérgltiétllc, 1. (1) This Act may be called the Tripura LokayuktaAct, 2008. €X ‘ commencement (2) It extends to the whole ofTripura. (3) It shall come into force on such date, as the State Government may by notification in the official Gazette, appoint. Definitions 2. in this Act, unless the context otherwise requires, (I) "action" means action taken by a public functionary in the discharge or purported discharge ofhis public function; (2) "ChiefMinister" meanstheChiefMinister ofthe Government ofTripura. (3) "competent authority“, in relationto apublic functionary, means, (i) in the case oftheChiefMinister,the State Legislative Assembly. (ii) in thecaseofaMinister,theChiefMinister: Provided that during the period ofoperation ofany proclamation issued underarticle 356 oftheConstitution ofIndia,the Govemor; (iii) in the case ofa Memberofthe State LegislativeAssembly, the Speakerofthe State LegislativeAssembly. 2 _ ' Explanation.- The Speaker of the Legislative Assembly shall act in consultation with the Chief Minister and the Leader of the Opposition in the State Legislative Assembly: (iv) in the case of Pradhan, the Upa-Pradhan and the Sabhadhipati of the Zilla members ofthe Gram Panchayat, the Chairrnan, the Parishad of the concerned \{icc-Chairman and the members of the Panchayat District;- Samiti (V) in the case of Sabhadhipati- the Sahakari Minister-in-charge, Sabhadhipati and the members oftheZilla Parishad Panchayat Department. Government ol'Tripura . (Vi) in the case of the Councillors, Chairperson. Vice- Minister-in-charge. Chairperson, members of the Nagar Panchayat Department of Urban Committee and the Chairperson. the Vice- Development, Government Chairperson~in- Council, the Mayor, the Deputy ofTripura. Mayor, the members of Mayor-in-Council and Commissioner ofthe_Nagar Panchayats, Municipality orthe Municipal Corporation, asthe case may be. (4) "complaint". in relation to a public functionary, means an allegation made in writing by any person that such public functionary, in discharge or purported discharge of his public function has been guilty ofcorrupt practice; . (5) "corrupt practice" means that the public functionary in any ofhis action has been guilty ofwilful lack offinancial integrity andtor wilful abuse ofpower for personal gain ; (6) "Governor" means the Governor ofthe StateofTripura ; (7) "grievance means a claim by a person that he sustained injustice or undue hardship in consequence ofthc wilful failureto perform duties duly assigned to a public functionary; (3) "l-okayukta" means the person appointed as such under section 3; . (9) "Minister" means a Minister ofthe Government of'I‘ripura_ and includes :1 Deputy Chief Minister- a Minister. a Mirrister ofState. a Deputy Minister: (10) "notification" means a notification published in the (J_’)_‘ficiul Gazette.‘ (ll) "prescribed" means prescribed by rules made underthis Bill; (13) "public functionary" means a person who is i) the ChiefMinisterora Minister: ii) a Memberofthe State LegislativeAssembly: iii any other person holding an office or post consequent upon an election held under the Tripura Municipal Act, 1994 and theTripura Panchayats Act. I993. o J 3. (1) For the purpose of conducting investigations and inquiries in accordanc with the provisions ofthis 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 by the Governor on the advice tendered by the fhief Minister in consultation with the Speaker and the Leader of the Opposition ofthe Legislative Assembly ofthe State. (2) A person shall not be qualified for appointment as l-ol~;ayukta unless he is a retired Judge ofthe High Court or is qualified to be a Judge ofHigh Court. (3) Notwithstanding anything contained in any other provision of this Act, a person of high integrity and eminence shall be appointed a Lokayukta if such recommendation is made by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the State Legislative Assembly. ' (4) (a) Temporary or casual vacancy in the office of the Lokavukta shall be titled up in accordance with prescribed rules for a periodhot exceeding six months. (in) If the Lokayukta is unable to perform his duties for six months or more, the Governor may declarethe office vacant‘; Provided that the*Governor shall hear such Lokayukta before declaring such office as vacant. (c) A vacancy occurring in the office ofthe Lokayukta by reason ofhis death, resignation, retirement or removal shall be filled up as soon as ‘ possible, but not later than three months from the date ofoccurrence ofsuch vacancy. -. 4. The Lokayukta shall not be a Member of Parliament or a Member of the Offics Legislature ofany State, or hold any office of profit, other than his office as the Lokayukta or be connected with any political party, or oarryon any business or practice any profession, and, accordingly, a person appointed as the Lokayukta shall, before he enters upon his office, (a) ifhe is a Member ofParliament or ofthe Legislature ofany State, resign such membership; (h) ifhe holds any office ofprofit, resign such office; (cl) ifhe is connected withany political party, sever his connection with it; (cl) ifhe is carrying on any business, sever his connection (short ofdivesting himselfofownership)with the conduct and management ofsuch business; or - . {e} ii’ he is practising any profession, suspend practice ofsuch profession till histenure to thatpost. ” ' 4 I1______._._’i*i‘..:;_......-_*;ei,.>>- _T_;¢--i-_ _:_.?___ fr , i I 1 r Termofnfficeof 5. (1') Every person appointed as the Lokayukta shall hold office for a period ofthree Lolzayultta years from the date he assumes his office: Provided that- (a) the Lokayukta may, in writing under his hand addressed to the Govemor, resign his office; (b) the Lokayukta may be removed from office in the manner provided in section 6. -" (2) The Lokayukta shall before he enters upon his office, make and subscribe before the Governor. or some other person appointed in that behalf by him, an oath or affirmation accordingto the form set out forthe purpose in the Schedule to this Act. (3) On ceasing to hold ojfice. the Lokayukta shall be ineligible for further appointment as the Lokayukta or forany employment underthe State Government or under the local authority, University, statutory body orcorporation, society, co- operative society, Government Company, or other body or corporation constituted by or underany State law. . Removal of (1) The Lokayukta shall not be removed from his office except by an order ofthe Lokayukta Governor, passed after an address by the Legislative Assembly of the State supported by a majority ofthe total membership ofthe‘House and by a majority of not lessthan two-thirds ofthe members ofthat House present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misconduct including corrupt practice or incapacity. ' (2) The procedure for the presentation ofan address and for the investigation and proofofthe misconduct including corrupt practice or incapacity ofthe Lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, I968, in relation to the removal of a Judge and, accordingly, the provisions of that Act shall apply, muratis murandis, in relation to the removal ofthe Lokayukta as they ap-p'ly in relation to the removal ofaJudge. Matters 7 Every investigation on any complaint alleging corrupt practices against -the which may public functionaries under this Act shall be initiated by the Lokayukta with the beinvesti- priorapproval ofthe competent authority. gated by Lokayukta Mattersnot 8. (1) The Lokayukta shall not investigate any complaint alleging corruptpractices subjectto against any public functionary in respect ofwhich a fomtal and public inquiry investigation has been ordered underthe Public Servants (Inquiries) Act, 1850. byLokayukta. and limitation - 4 thereof (2) The Lokayukta shall not investigate any complaintalleging corruptpractices against any public functionary, ifsuch complaint is made afterthe expiry of one year tiorn the date on which the action complained ofisalleged to have taken place: ~ ' _ ._-..._. r 5 I. _ ...-_ _ _ _ Provided that the Lokayukta may. on being satisfied on the facts and circumstances ofthe ease that the delay has been properly explained or that it is necessary so to do in the interest ofjustice, condone the delay and investigate the complaint. (3) The Lokayukta shall not, except on a reference by a Court oflaw. investigate any matter which is under adjudication by such Court oflaw. 9. Notwithstanding anything contained in any of the provisions of this Act. the Barof investigation Lokayukta shall not investigate any complaint against a Government servant. againstGovt. servant 10. (l) Subject to the provisions ofthis Act, complaint may be made by any Provisionrelating person to the Lokayukta in respect ofany action: tocomplaints Provided that death ofthe complainant shall not debar. ifthe Lokayukta who is in seisin ofthe matter so desires. to proceed with the investigation with such help as he considers necessary. (2) Every complaint shall be made in such form and shall be accompanied by such affidavits as may be prescribed. ll. (l) Where the Lokayukta is satisfied on preliminary enquiry that the Procedure in complaint needs investigation he- respectof investigation ta) shall forward a copy oftli‘e_**eo_mplaint, a statement setting out the grounds of such investigation, to the; public functionary concerned and the competent authority concerned for information: (b) shall give the public functionary concerned an opportunity to offer his comments on such complaint or statement; and (c) may make such order as to the safe custody ofdocuments relevant to the investigation as he deems fit. (2) (a) Every preliminary enquiry referred to in sub-section (I) shall be made in private and, in particular, the identity of the complainant and of the public functionary affected by such preliminary enquiry shall not be made public. whether before or during such preliminary enquiry. but the result of every investigation made under subsection (l) shall be made public. V (b) Every such investigation shall be completed as early as possible but in no case the period ofsuch investigation shall exceed one year. (3) (a) Save as otherwise provided in the foregoing provisions ofthis section, the procedure for making any investigation shall be A such as the Lokayukta considers appropriate in the circumstances ofeach case. but regard shall always be given to the principles ofnaturaljustice. 0 1 6 __ "'""“”’ _ _ '__ _ 17* ' _ Em " (b) For the purpose ofinvestigation under this Act, the Lokayukta may, with the concurrence of the State Government, utilize the services of any officer or investigating agency including the Police ofthat Government and such officer or investigating agency including the Police shall do all such act or deed. which shall be essential for such investigation. (4) The Lokayukta may. in his discretion. refuse to investigate, or discontinue the investigation of. any complaint involving any allegation if, in his opinion, (a) the complaint is frivolous or vexatious or is not made in good faith; or (b) there are no sufficient grounds for investigation or, as the case may be. forcontinuing the investigation; or (c) other remedies are available to the complainant and, in the circumstances of the case, it would be more proper for the complainant to avail ofsuch remedies. (5) In any case where the Lokayukta decides not to entertain a complaint or decides to discontinue any investigation in respect of the complaint. he shall record his reasons therefor and communicate the same to the complainant, the public functionary and the competent authority. E"ld°"°e 12. (l) Subject to other provisions of this section, for the purposes of any investigation (including preliminary enquiry, if any, before such investigation) under this Act, the Lokayukta may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents, relevant to the investigation, to furnish such information or produce such document. (2) For the purposes of any such investigation (including the preliminary enquiry), the Lokayukta shall have all the powers of a civil court while trying a suit under the Code ofCivil Procedure, I908, in respect ofthe followingimatters, namely: (a) summoning and enforcing the attendance ofany person and examining him on oath: (b) requiring the discovery and production ofany document; (0) receiving evidence on affidavits; (d) requisitioning any public record or copy thereoffrom any court or office; (e) issuing commissions forthe examination ofwitnesses or documents; (f) such othermatters as may be prescribed. (3) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning ofsection I93 ofthe Indian Penal Code, I860. (4) No person shall be required or authorized, by virtue ofthis Act, to furnish such class or category ofinformation, answer or question, or produce so much of such class orcategory ofdocument,- 7 - (a) as might prejudice the security or defence or international relations of India (including the relations of India with the Government of any other country or with any international organization). or (b) as might involve the disclosure of proceedings of the Council of Ministers ofthe State Government or any Committee ofthat Council ofMinisters, and (c) to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a Court. (5) For the purpose of sub-section (4), a certificate issued by the Chief Secretary to the Government ofTripura, certifying that any information or answer or any portion ofa document is ofthe class or category specified in clause (a) or clause (b), shall be conclusive and binding. 13. (I) If, after investigation ofany complaint in respect ofany action under this Reportsof Act. the Lokayukta is satisfied that such complaint is substantiated. either wholly Lokavukta or partly, he shall send to the competent authority a ‘report in writing. recording therein his findings and recommendations along with the relevant documents, materials orotherevidence. (2) The competent authority shall. on receipt ofthe report under sub-section (I). examine the said report, take appropriate action and inform the Lokayukta. Annual I4 (I) The Lokayukta shall present annually a consolidated report on the work done Reports of underthis Actto the State Government. Lokayukta (2) On receipt ofannual report under sub-section (I). the State Government shall cause a copy thereof to be laid before the State Legislature along with a memorandum of action taken on the recommendations ofthe Lokayukta and the reasons for non—acceptance ofthe recommendations, ifany. Prosecution tor 15, (I) Notwithstanding anything contained in section ll or elsewhere in this Act, falsecomplaint whoever wilfully or maliciously makes any false complaint under this Act, shall. on conviction, be punished with imprisonment for a term which may extend to one year but shall not be less than three months and shall also be liable to tine which may extend to Rs.5,000/- (five thousand). (2) N0 court, except the court ofa Judicial Magistrate ofthe first class, shall take cognizance ofan offence under sub-section (I). (3) No such court shall take cognizance of any such offence unless the complaint is made with the previous sanction of the Lokayukta. by the person againstwhom the false complaint was made. (4) Any such court may. on conviction of a person making the false complaint, award to the opposite party. such amount of compensation out ofthe amount offine, as it thinl~'.s fit. . gmmq» 16. (1) The Lokayukta may appoint such officers and other employees. as may be Lokayukta prescribed by the State Government. to assist the Lokayukta in discharging his functions underthis Act. 8 . (2) Without prejudice to the provisions ofsub-section (l). the Lokayukta may. for the purpose ofconducting investigations under this Act, utilize. in such manner as may be prescribed. the services of, - (a) any officer or investigating agency of the State Government with the concurrence ofthat Government; (b) any other person or agency. Secrecy _ot 17. (1), Any information obtained by the Lokayukta or any of his officers or 1nlormation other employees in the course of. or for the purposes of. any preliminary enquiry under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub-section (2) of section ll. be treated as confidential; and notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall have jurisdiction to compel the Lokayukta or any public servant to give evidence relating to such information or to produce the evidence so recorded or collected. (2) Nothing in sub-section (l) shall apply to the disclosure ofany information or particulars (a) for the purposes ofany investigation or any report to be made on such investigation or any action or proceedings to be taken on such report; or (b) forthe purposes ofany proceedings for any offence underthe Official Secrets Act, 1923, orany offence ofgiving false evidence or fabricating false evidence under the Indian Penal Code, I860, or any trial of an offence under section I5, or any proceedings under section 18, of this Act; or (c) for such otherpurposes as may be prescribed (3) Such officer or authority as may be prescribed in this behalfi may give notice in writing to the Lokayukta with respect to any document or information specified in the notice or any class or category ofdocuments so specified, that in the opinion of the State Government, the disclosure of the document or the information or the class or category of documents would be prejudicial to the public interest; and where such a notice is given, the Lokayukta may, for reasons to be recorded in writing decide as to whether the disclosure ofsuch document or information or class orcategory ofdocuments involves public interest. In case the disclosure ofany document or information or class or category ofdocuments so specified is held to involve public interest, the Lokayukta or any ofhis officers or other employees shall not communicate to any person any such document or information or class or categoryofdocuments. Intentional 18. (1) Whoever‘intentionally insults or causes any interruption to the Lokayukta insultor while the Lokayukta is making any investigation under this Act, shall, on interruptionto, conviction, be punished with simple imprisonment fora term which may extend to orbringinginto six months, or with fine which may extend to Rs.5,000/-(five thousand) or with disrepute both. Lokayukta. 9 — (2) Whoever. by words. spoken or intended to be read, makes or publishes any statement, or does any other act, which is calculated to bring the Lokayukta into disrepute. shall, on conviction, be punished with simple imprisonment for a term which may extend to six months. or with fine which may extend to Rs.5.000/-(five thousand) or with both. (3) The provisions oflsection 199 of the Code of Criminal Procedure, 1973 (hereinafter referred to in this sub-section as the said Code). shall apply in relation to an offence under sub-section (1) or sub-section (2) ofthis section as they apply in relation to an offence referred to in sub-section (1) of section 199 of the said Code. subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokayukta. (4) The Lokayukta shall have and may exercise the samejurisdiction, powers and authority. in accordance with the same procedure and practice, in respect of contempt as a High Court has and may exercise. and. for this purpose, the provisions ofthe Contempt ofCourts Act. 1971. shall have effect, subject to the modification that any reference therein to the High Court shall be construed to be a reference to the Loka).ukta.. Protection ot 19. (1) No suit. prosecution or other legal proceedings shall lie against the actiontaken Lokayukta or against any officer. employee. investigating agency, or other person in good taitli or agency referred to in section 15 in respect of anything which is in good faith done or intended to be done under this Act. (2) No proceedings ofthe Lokayukta shall be deemed to be invalid by reason only ofany defect or infirmity in his appointment. (3) No proceeding. decision, finding or recommendation of the Lokayukta shall be liable to be challenged. reviewed. quashed or called in question in any court or tribunal. Conditionsof The Lokayukta shall be entitled to such allowances and privileges and other appointmentof 20' Lokayukta conditions ofappointment, as may be prescribed. L'onl_ermentot 21 (1) The State Government may, by order in writing, subject to such conditions and additional limitations as may be specified in the order, require the Lokayukta to investigate tunctions on Lokayukta any allegation (being an allegation in respect ofwhich a complaint may be made under this Act to the Lokayukta) and, notwithstanding anything contained in this Act, the Lokayukta. shall comply with such order. (2) When any additional functions are conferred on the Lokayukta under Sub Sec-1, the Lokayukta shall exercise the same powers and discharge the same functions as he would exercise and discharge in the case ofany investigation on a complaint involving an allegation, and the provisions of this Act shall apply accordingly. l’_o\\-"erot'State 22. (1) The State Government may. in consultation with the Lokayukta, by (_vo\'ei'nmentto notification. make rules for carrying out the purposes ofthis Act. make rules (2) ln particular. and without prejudice to the generality of the foregoing power,su_ch rules may provide for all or any ofthe following matters: 10 (a) the matters in respect ofwhich the Lokayukta shall have powers ofa civil court underclause (l) ofsub~section (2) ofsection l2; (b) the other purposes in relation to disclosure of any information or evidence under clause (c) of sub-section (2), and the officer or authority forthe purposes ofsub~section (3), ofsection 17 ; (c) any other matter which is required to be, or may be. prescribedj (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature. Powerol 23. (l) The Lokayukta may. with the prior approval ofthe State Government, by Lokayuktato make . notification. make such regulations as may deem necessary for carrying out the regulations purposes ofthis Act. (2) In particular. and without prejudice to the generality ofthe foregoing power, such regulations may provide for all or any ofthe matters namely: (a) the normal working hours ofthe office ofthe Lokayukta. and holding ofsittings ofthe Lokayukta outside normal working hours; ' (b) the holding ofsittings ofthe Lokayukta at places other than the place ofordinary sittings; (c) the procedure which may befollowed by the Lokayukta for conducting proceedings including inquiry and investigation; (d) the forms in which complaints may be made. the affidavits which may accompanyisuch complaints, and the fees, ifany, which may be charged in respect thereof; (e) the forms and notices as may. in the opinion of the Lokayukta. be necessary for carrying out the inquiry and investigation. Removal ol 24 If any difficulty arises in giving effect to the provisions of this Act,_ the State doubts Government _may, by order, not inconsistent with the provisions oi this Act. remove the difficulty: Provided that no such order shall be made after the expiry ofa period oftwo years from the date ofpublication ofthis Act in the Qflicial Gazette. ‘ I ll ). THE SCHEDULE [ see sect-ion 5(2)] Form ofoath or affirmation to be made by the Lokayukta. “ I .......................... having been appointed Lokayukta ofthe State ofTripura do swear in the name of God/solemnly affirm that I will bear true faith and allegience to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India that I will duly and faithfully and to the best of my ability, knowledge andjudgment perform the duties ofmy office without fear or favour affection or ill will and that I will uphold the Constitution and the law. S- C. Das Secretary, Law. Government ofTripura. Printed at the Tripura Government Press, -Agartala. 12 C " ‘ s: ;-;;—.:_~ _ - Q-""""""" _*>__ THE TRIPURA ACT NO. 3 OF 2012. THE TRIPURA LOKAYUKTA (AMENDMENT) ACT, 2012. PUBLISHED IN THE EXTRAORDINARY ISSUE OF TRIPURA GAZETTE Agartala, Friday, November 2, 2012 A. D., Kartika 11, 1934 S. E. 1 GOVERNMENT OF TRIPURA LAW DEPARTMENT SECRETARIAT : AGARTALA No.F.8(E-5)-Law/Leg-l/2012 Dated, Agartala 2“d November, 2012. The following Act of the Tripura Legislative Assembly received the assent of the Governor on O2—11-2012 and is hereby published for General Information. \ D. M. JAMATIA. LR 8: SECRETARY, LAW. GOVERNMENT OF TRIPURA 7‘ _ Y‘ _v__ ___ _ fiii 7 ./" - II-IE TRIPURAACT No.3 OF 2012. The Tripura Lokayukta (Amendment) Act, 2012. AN _ ACT to amend the Tripura LokayuktaAct, 2008. "~WHEREAS, it is expedient to amend ‘The Tripura Lokayukta Act, 2008’ [hereinafter referred to as the ‘Principal Act’), to bring the public servants, including the government servants and officials of the local bodies, under the purview of Lokayukta, so as to ensure transparent, efficient, corruption free governance; BE it enacted by the Tripura Legislative Assembly in the Sixty- third year of the Republic of India as f01lows:- 1. Short title and commencement: [1] This Act may be called ‘The Tripura Lokayukta (Amendment) Act, 2012’. [2] It shall come into force on the date of its publication in the official gazette. 2. Amendment of Long Title and Preamble of the Principal Act: In the Long Title and Preamble of the Principal Act, the words “public functionaries” shall be replaced with the words “public functionaries and public servants”. 3. Amendment of Section 2 of the Principal Act: (1) Sub-Section (3) of section 2 of the Principal Act shall be substituted with the following namely:— “[3) la) “Competent authority” in relation to a public functionary, rneans- ' i. in the case of the ChiefMinister —the State Legislative Assembly; ii. in the case of a Minister —the Chief Minister 2 i i I - ii I — — I — 1- 4min; ' Provided that. during the period of —the Governor operation of any proclamation issued under Article 356 of the Constitution of India in the case of a Member of the State ~the Speaker of the State Legislative Assembly Legislative Assembly; Explanation — The Speaker of the Legislative Assembly shall act in consultation with the ChiefMinister and the Leader ofthe Opposition in the State Legislative Assembly. in the case of Pradhan, the Upa- -Sabhadhipati of the Pradhan and the members of the Zilla Parishad of the Gram Pranchayat, the Chairman, Concerned District; the Vice-Chairman and the members of the Panchayat Samiti in the case of Sabhadhipati, - Minister-in-charge, the Sahakari Sabhadhipati and the Panchayat Department, members of the Zilla Parishad Government ofTripura; in the case of the Councilors, - Minister-in-charge, Chairperson. Vice-Chairperson, Department ofUrban members of the Nagar Panchayat _Development, Committee and the Chairperson, the Government ofTripura. Vice-Chairperson-in-council, the Mayor, the Deputy Mayor, the members of Mayor—in—Council and Commissioner of the Nagar Panchayats, Municipality or the Municipal Corporation, as the case may be (b) The words “Competent Authority” in relation to a public servant means- in the case of a Secretary to the - the Chief Minister; Government in the case of a Government - the Government of servant other than a Secretary Tripura; _ in the case of any other public —such authority, as may servant be notified by the State Government.” 3 — — ~ . ml’ (2) After sub-section (12) of section 2 of the Principal Act, a new sub~section (13) shall be inserted as under":- “(l3) “Public servant” means a person who is or was at any time- (i) a Government servant; [ii] the Chairman and Vice—Chairman (by whatever name called} or a member of a local authority in the State ofTripura or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State Government may, having regard to its fmancial interest in such corporations or boards, by notification, from time to time, specify; ' (iii) member of a Committee or Board, statutory or non- statutory, constituted by the Government; (iv) a person in the service ofpay of,- _ (a) a local authority in the State ofTripura; lb] a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Govermnent and any other board or Corporation as the State Government may, having regard to its financial interest therein by notification, from time to time, specify; [c] a company registered under 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 such company; (d) a society registered or deemed to have been registered under the Tripura ,_ Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the Official Gazette; (e) a co—operative Society; (fl a university. Explanation- In this clause, “co—operative society” means a co- operative society registered or deemed to have been registered under the Tripura Cooperative Societies Act, 1974, and “university” means a university established or deemed to be established by or under any law ofthe State Legislature. Explanation — “Government Servant” means a person who is a member ofthe Civil Services of the State ofTripura or who holds a civil post or is serving in connection with the cyjfairs of the State of Trtpura 4 -‘-- - ~-— 7- ii-~—-—-———— .1- "-7- -tr-‘ g’r""" and includes any suchperson whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person whether incorporated or not, and ‘also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal ofthe Government ofTripura but shall not include ofiicers ofTripura Judicial Service, staffs ofHigh Court and subordinate judiciary.” 4. Amendment of Section 9 of the Principal Act: In section 9 of the Principle Act including marginal note shall be substituted in the following manner, namely:— (1] The marginal note shall be substituted as follows- “Proccdure for investigation or enquiry against public servant” (2) For section 9, the following shall be substituted- ~ “[9] The Lokayukta shall investigate any allegation (corrupt practice) against any public servant with the approval of the competent authority and the procedure to be followed in enquiry or investigation shall be the same as in the case of public functionary”. 5. Amendment of Section 13 of the Principal Act: After sub-section (2) of the section 13 of the Principal Act, a new sub-section [3] shall be inserted namely:— “[3] Notwithstanding anything contained in the Indian Evidence Act, the report of the Lokayukta shall be admissible as evidence Without any formal proof thereof in any enquiry or proceeding before any civil or criminal court or any other authority empowered to take evidence”. 5 * i Q 6. Repeal and Savings: - (1) The Tripura Lokayukta (Amendment) Ordinance, 2012, is - hereby repealed. (2) _NotWithstanding the repeal of the Tripura Lokayukta .' (Amendment) Ordinance, 2012, anything done or any action taken under the Principal Act, as arnended by the said Ordinance, shall be deemed to have been done or taken under the Principal Act, as amended by this Act. D.M. Jamatia L.R. 8: Secretary, Law. Government ofTripura. Printed at the Tripura Government Press, Agartala. 6 __TW__ __ L 7 ' if T7 if NOQSS . ‘ . y -Registered No. N. E. $35)‘. _ I . h_ ' ' “ ' _ ,|v‘€- 41%;;'fiV S ‘i‘<R;;i%P,vRA j'"?g¢9i%‘==ii‘7'7'§7. -e' azerre 1-‘-',-'“i'>"Lt ' ' . ' Publishe_o'byAutl2ori£y- y ‘ A ~ 'E><i'RAoaprNA,aY ISSUE I _ I A§a.;fala,"'Ffi"dlay, lliarch 20, 20_1_ d , D., Phaiguna H ._ ‘- __ It PART-;lll~ Acts;-.o*fTripu“ra Legisiature' -eovritvmeljit tirerwvmi , . LAW DEPARTMENT - 5ECRETAREAT:AGA.RTAL.& '"-rig.F.6l6l~L1q'w[£;e§-I/2512'G; . k ‘Dated, Agariala is‘? March, 20:5’ so tiFii<I A Tl 0 " -~ . l 1 1 I The-following. Apt or the Tripura tegislative Assembly received the assent of _.theGoi!ernor on l3~0332:Ui5 and is iwrebypublished for General iiiiformation. 4 . L.R & sEcREi,§;{i¥,.i_aw. ~ GOVERNi\{iEF\lT'$?TRi?URA 8 Tripuzta Gmette, Extraordinary issue, March 20¢, 2015 A.-D. was TRIPURAACT No. 3' on 2015 \ THE Taianiaa ii.-GKAYUKTAisscovn AMEHDMENT) ace, 2015 - KN tofurther amend the ihirmra IbkayuktaAct, -21.908. WHEREAS, it is €Xp€§i€E;t so amend “The 'Fripnra Lgkayukta Act, 2008” (hereinafter referred eaves the Principe} Act’), byproviding an enabling provision to extend; term of eXisifing'Lokay?ukta'beyond .0'S{thre-e} years, in public interest; . , . BE it enacted by the Trfiptnza Legislative Assembly in the Sii<ty~- sixth years ofthe Republic of India. as foiloWs:- _ . 1. Short i;ii;le“and commencementr: ~ "_ » y. {1} This Act may be called ‘The ’l‘ripura.Lokayu,kta (Second O Aiinendment) Act, 2015”; _ _ ‘ _ _ . (2) It shall come into force on the date of its publication in the ofiicial gazette.‘ ' _ " ' ‘ _ _ - - . _ I, 2.An3.en¢;i_ment ofSection 5 ofthe Principal Acti _ _ Sub—Section (1) of section 5 of the Principal Act shall be substituted with follo'ivi11g~namely: ‘ ' " a “(1}‘ Every person appointed as the Lokayukta shall hold office fora period of three years from the date he assi_1rnes'his office, unless in the interest of, public service, the Governor considers it _eXpe<iient to extend the term for a further period, not exceeding one yew at a time, ‘?Ii- ‘ . 2 7' -B » r. __~_ r 7‘ - . 5" Trigu;-a.Gwette;}Iseue,_March :;0,“201s A.D. M so however tl1'a‘_c,_ fiche total of such extension does not exceed two years any case; _' f ‘ ~ 5 A . . . , 4 ‘ ‘ . ‘ - ‘e . Y "Provided that—~ ' 5*" ' . -' -(a)t’£1e,~L<§l<ayul§‘ta may, in Writing under hire .hamd. addressed to ' l the Governor, resign his oficegz _ ' ‘Y - ~_ ‘D ' '(b}j;he Lolcayulcm may removed frgm office in flie manner ‘ e '__pi‘ovided in Semen 5”.’ ‘ . J ‘ ' " _' 3."Repea1a_ndSa1:ings: ~ ‘ V ' * § qijfrhe 'I>?rlpura'Lo1:ay111<;ta (Secand A3r1‘1e11dment}- oreiliance, _ ‘ Q0124, is héieby repealed; - .' I. A » A ‘ ’ " _ (2}NQtvvit11stand§;n'g the repeal of the Tsfip1';1*a. Lokayukta {Seeond ' ' Amendment) Ordinance, 2014, anything done or any action - ‘ takeri ur_1<1er_ the Pzincipal Act, as amended by, ’§heA_ said Ordinafnce, sl1a,11 be deemed to have been <ione_or~t;=1ke'n'under' the‘ Pri.ncipa1,Act, as amended by this Act. ‘ ». D. M. Jaxnatie. . L. R' 85 Secgetazy, Law. ' .G;5ve1'-nliiexlt ofTlipura. - THE TRIPURA ACT N0.3 OF 2017 I1I. F i i I 2 I I THE TRE?URA. LQKAYUKTA (THIRD AMENDMENT) ACT, 2017. I \ » I|. 5 I 1 y -1. 1 \ —L PUBLISHED IN THE EXTRAORDINARY ISSUE -OF THE TRIPURA GAZETTE AGARTALA. eigefiala, Thursday, March 9, 2017A. D., Phalguna 18, 1938 S'.E. GOVERNMENT OF TRIPURA LAW DEPARTMENT §§_CR§TA_eR|fi§I'/: AGARTALA No. F.12(44]-Law/Leg/A0/ZOIU1962 Dated, Agartala, the 9"‘ March, 2017. NOTIFICATION The following Act of the Tripura Legislative Assembly received the assent of the Governor of Tripura on the 6"‘ March, 2017 and is hereby published for General information. - I/¢” ( D.M.Jamatia} LR. & Secretary, Iaw Government ofTripura ill‘ ‘V i __ O ~ e~~~----:==,_~A ~~' l vi — TRIPURA lies 3 253}? THE TRIPURA LOKAYUKTA [THIRD AMENDMENT] ACT, 2017 An ACT Furtherto amend “The TripuraLokayuktaAct, 2008 WHEREAS, it is expedient to amend “TheTripura Lokayukta Act, 2008” [hereinafter referred to as the ‘Principal Act’), by incorporating an enabling provision in “TheTiipura LokayuktaAct, 2008” to facilitate convening the meeting of the 3[three) Members Selection Committee by inviting the Leader of the Single Largest Opposition Partyin absence ofthe designated Leader ofOpposition in public interest; BEit enactedbytheTripuraLegislativeAssemblyin the Sixty- Eightyears ofthe Republic ofIndia as follows:- 1. Short title and commencement: (1) This Act may be called “The Tripura Lokayukta [Third Amendment) Act, 2017”; [2] It shall come into force on the date of its publication in the official gazette. 2. Amendment ofSection 3: After the existing proviso to Sub-Section (1) of Section 3 of “TheTripuraLokayuktaAct, 2008”, the followingnew proviso shall be added:- (2) 1*-_ ‘I I j “Provided further that - In the absence ofthe designatedLeaderofOpposition, the meeting 0fthe 3(three) Members Selection Committee comprising ofthe ChiefMinister, Speaker and Leader ofthe Opposition may be convened by inviting the Leader ofthe Single Largest Opposition Party in place ofthe Leader of Opposition”. , (D.M. Jarnatia) L.R. & Secretary, law _ Government ofTripura ' (3) NNoo..11007755 RReeggiisstteerreedd NNoo.. NN.. EE..993300.. -P'=*1:,- . :3I}.-3‘__1‘;.‘..‘..; ?RU Q,-.;.'L._.;- ?RE?3JR% G§Z§?T§ awmarnfi PPuubblliisshheedd bbyy AAuutthhoorriittyy EEXXTTRRA.AOORRDDIINNAARRYY ITSSSSUUEE AAggaarfttaallaa,,WWeeddnneessddaayy,, JJuunnee 99,,22002211 AA..DD..,, JJyyaaiisshhtthhaa1199,, 11994433 SS..EE.. PPAARRTT----IIllll---- AAccttss ooff TTrriippuurraa LLeeggiissllaattuurree.. GGOOVVEERRNNMMEENNTT OOFF'TTRRIIPPUURRAA LLAAWWDDEEPPAARRTTMMEENNTT SSEECCRREETTAARRIAIATT,, AAGGAARRTTAALLAA NNo0.. Fr. . 8 8 ((11))LL aawW l/IL'eegg-U-I/220022 1 1 ((PP)) DDaatteedd,, AAggaarrttaallaa,, tthhee 1155tthh MMaayy,r2200221t NI{OOTTIIFFIICCAATTIIOONN TThhee ffoolilloowwiinngg AAcctt ooff tthhee TTrriippuurraa LLeeggiissllaattiivvee AAsssseemmbbllyy rreecceeiivveedd tthhee aasssseenntt ooff tthhee GGoovveerrnnoorr 0off 'TTrriippuurraa oonn tthhee 77mb ooffWMaayy,,22A0221I aannddiiss hheerreebbyy ppuubblliisshheedd ffoorrGGeenneerraal lminffoonrmnaartiioons.. ' I I % ((Sofia udhurl) Deputy Sec etary, Law GGoovveerrnnmmeenntt ooff TTrriippuurraa TTrriippuurraa GGaazzeettttee,, E E x x t t r r a a o o r r d d i i n n a a r r y y I I s s s s u u e e , , J J u u n n e e 9 9 , , 2 2 0 O 2 2 1 I A A . ' D D . ' TTRRIIPPUURRAA AACCTT NN0o.. 44 OOFF 22602211 ACT' 2,fr2I TTTHIEE ‘TTRRTIPPUURfiAA L L O oT K ( A A Y Y K u F K K E T A A {{SFGOTUTRI*TTTHI A AT M v E TT N ! 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WWHIIEEREEEAASS,, I I t t i i s s eexxppeeddiieenntt t t o o a an m e e n n d d “ " T T h h e e T T r r i i p p u u r r a a L L o ok k a a y y u u k k t t a a referred to as the 'Principal Act} by incorporating AAcctt,,2Z00008g {{hheerreeiinnaafftteerr referred to as the ‘Principal Act’) by incorporating aann eennaabblliinngg p p r ro o v v i i s s i i o o n n i i n n “ u T T h h e e T Tr r i i p p u u r r a a L Lo o k k a a y y u u k k t t a a A A c c t t , , 2 2 0 0 0 0 8 8 ” " i i n n t t e e r r m m s s o o f f 'lripura in public interest; qquuaallii-fific:aattiioonn ffeorr aappppooiinnttmmeenntt o of f L L o ak k a a y y u u k k t t a a , , Tripura in public interest; in it by the Tripura Legislative Assembly the BBEE it eennaacctteedd by the Tripura Legislative Assembly in the SSeevveenntyt-yS_eScoeflcnodlydeyaerao-oiftthlreeRReeppuubblilcicoofflInnddii.aaaassfofoll]o1owwss:-:- 1t.. SShtoorrtt t t i l t tl l e e a a n n é *' c c e or m n m 'fll e e n a c o e e m tr' e e n g t t : I (1) This Act may be called 'The Tripura Lokayukta {Fourth (1) This Act may be called ‘The Tripura Lokayukta (Fourth Aimmeennddmmeenntt)) AAcctt,, 2 2 0 Q 2 2 1 t ” ' ; ; (2 i2 ) l i i t f sshhaalllt c c o o m fil e e i i n n t t o o f f o or r * c e" e *r n L t t h li e e d d a a t t e e c o f f i i t t s s p p u u b b l l i i c c a a t t i i e a n n k in l t t h h e e oofifiiicciiaail ggaazzeettttee.. Eli“ 2. . - 2 zzdmenl: of Seetiea 3 sf the Pa-ineigaai act : Ssuubb--Sseeccttiioonn {{22}t c o f f s s e e c c t t i i o o n n 3 3 c c f f t t h h e e P P r r i i n n c c i i p p a a l l A A c c t t s s h h a a ll ll b b e e ssuubbssttiittuutteedd -*/ith f f e cl l l l o e w vi l i n a g g n na a : m ne e l5 ly r :: “{2} A persen shaft net be qualified fer appointment as Lokayukta unless is a retired Judge of Ccuzt or is qualiied ’=:c be a -Judge st"m' e E7r'ngh Ccfiart' or has17seen -C1"-l8.l_"13£1€@T’l-‘—r~-'ef"e r- c"lw-l‘g»a.m-s:t Hl‘gEn Cou1 rtT‘?. TTrriippuurraa GGaazzeettttee,, EExxttrraaoorrddiinnaarryy IIssssutlee,, JJuunnee 9 9 , . 2200221r AA.. DD.. 8. Sege*& and Savings: { t 1 l } l T?hhee TTzriippuurraa LLsokkaayyuukktata{F e { u F rt c hA u m r e t n h d 3ner1 e 1t * ) t ~ } OOrrddiiinnaamnzce*r, 2 ,5 6 2 2 6 , ' i i s s hheerreebbyy rreeppeeaaileedd.. vEi ? {2} Notwithstanding such regeel, Ema dancer any action taken W uunnddeerr said O rdinance , , shal1;.h, b e§; e =d t e j e 11s€e£d¥ ttesa,; hhaavyes:, 'bb"ee(-3e15n1 ddgonnge g o r r ttaakkeenn ' under the COI'I'CSj3()I1C1;i1'_1g-]QI‘OV‘iSI:0I1S ofthis Act. Ssdd//-- ((SsoOPPAANN CCHHAAUIIDDHHUURRII)) 'DDeeppuuttyy SSeerreeccttrryy, LLaaww GG0o-vve-ernmmmeenntto0ff'TTrriippuurraa*" ;Jr:’l-tied at .1‘ 1. : I: ~ " "re"? Press, .Ag.arta.l'a. 3