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THE JHARKHAND LOKAYUKTA (CONDITION OF SERVICE) RULE, 2001
(As amended up to date)
NOTE:-English Version of Jharkhand Lokayukta Act,2001,Jharkhand Lokayukta (Service Conditions ) Rules ,2001 and Jharkhand Lokayukta(Investigation) Rules, 2001 are based on Translation of Hindi version and therefore not Authenticated . Since it was Reported by the Personal Administrative Reforms and Rajbhasha Department Jharkhand letter no. 6/Lokayukta (Stha)-001/2005 Ka-4272 dated 28/07/2011 that Authenticated and Enacted English Version of Jharkhand Lokayukta Act.2001, Jharkhand Lokayukta (Service Conditions ) Rules ,2001 and Jharkhand Lokayukta(Investigation) Rules, 2001 have not been Prepared by the department.
PART I
Preliminary
1. These rules may be called the Jharkhand Lokayukta (Conditions of Service) Rules, 2001.
2. Definitions.-in these rules unless the context otherwise requires-
(a) "Actual service" includes-
(i) Time spent by the Lokayukta on duty;
(ii) Joining time or transfer to the office of Lokayukta from a post or a office under the Government of India or a State Government;
(b) "Family" means-
(i) The wife or a husband of the Lokayukta; and
(ii) The parents, legitimate children and step-children of the Lokayukta, wholly dependent upon him;
(c) "Government" means Government of India or State Government.
(d)" Government Servant" a person before appointed as a Lokayukta, was under the service of Government of India or State Government.
(e) "Governor" means the Governor of Jharkhand;
(f) "Hospital" means a Government hospital and includes a hospital maintained by a local authority and any other hospital with which arrangements have beer made by Government for the treatment of its officers;
(g) "Parent service" means in relation to a Government servant appointed as Lokayukta, the service under which he was employed before his appointment as Lokayukta;
(h) "Pension" means a pension of any kind payable to the Lokayukta, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits;
(i) "Prescribed" means prescribed under these rules;
(j) "Service of pension" includes-
(i) Actual service;
(ii) forty five days, or the number of days actually availed of, whichever is less, at each period of leave, or full allowances;
(iii) Joining time or return from leave outside India; and
(iv) Any period which may be added to the service for pension of the Lokayukta?
(v) "Service pension" means the pension granted to a Government servant appointed as Lokayukta under the rules of the Parent service and signified the gross amount of such pension prior to communication and includes the pension equivalent of service gratuity.
PART II
RETIREMENT OF A GOVERNMENT SERVANT ON APPOINTMET AS LOKAYUKTA.
3. A Lokayukta who, immediately before the date of his appointment as such, was a Government Servant shall be deemed to have retired from parent service with effect from the date of his appointment as Lokayukta.
PART III
LEAVE
4. A Government Servant appointed as Lokayukta while in service may be permitted to carry forward all the leave earned by him in the parent service, to be availed of by him during the tenure of his office as Lokayukta. Subject to this, the calculation of leave admissible to the Lokayukta will be done in accordance with rule 5.
5. (1) The Lokayukta may be granted leave as follows:--
(a) Earned leave, on full allowance, up to 1/11th period spent on duty subject to a maximum of four months at any one time;
(b) Leave of medical certificate, on half the allowance admissible on earned leave, subject to maximum of three months at any one time
(c) Extraordinary leave without allowance, subject to a maximum of three months at any one time.
Explanation.-
(1) All or any two of these kinds of leave may be granted in combination, at one time.
(2) The Lokayukta may in addition to any leave salary he may be entitled to under sub-rule (1), draw the service pension.
(3) The Lokayukta appointed under section 3 of the Jharkhand Lokayukta Act, 2001 on ceasing to hold office after completing his full term of five years as provided in sub-section (i) of section 5 of the Act, shall be entitled to the case equivalent of leave salary in respect of the period of earned leave to his credit on the date he ceases to hold office subject to maximum period of 180 (one hundred eighty) days.
6. Notwithstanding anything contained in sub-rule (i) of 5, the Lokayukta may be permitted to commute leave or half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as Lokayukta.
7. Special disability leave. - the rules prescribed in the All-India Service (Special Disability leave) Regular, 1957, in respect of a member of the All-India Service, who may be disabled by injury caused in, or in consequence of his official duties, or in consequence of his official position, shall apply in relation to the Lokayukta
8. Consequence of over-staying leave. - If the Lokayukta overstays his leave, he shall receive no salary for the period of his absence in excess of leave granted to him:
Provided that if such leave is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account.
9. Authority competent to grant leave, etc.-The Authority competent to grant or refuse leave to the Lokayukta, or revoke or curtail leave granted to him, shall be the Governor.
PART IV
PENSION
10. Pension payable to the Lokayukta.-- Subject to the provision of these rules, the Lokayukta shall, on his retirement or ceasing to hold office, be paid a pension:
Provided that no such pension shall be payable to the Lokayukta-
(a) Unless he has completed not less than three years of service for pension, or
(b) If he has been removed from service; or
(c) if he has resigned, unless he has completed three years of service or more for pension, and such resignation is accepted by the Governor:
Provided further that if the Lokayukta, at the time of his appointment is in receipt of a service pension (other than a disability or wound pension), the pension payable under those rules shall be in lien of and not in addition to, that pension;
Provided further that if the Lokayukta, at the time of his appointment, is in receipt of a service pension, he shall count his service as Lokayukta for pension and retirement benefits under the rule applicable to the service to which he belonged before such appointment.
11. Special provision for pension in respect of the Lokayukta who has held any pensionable civil post under Government.- The Lokayukta, who immediately before his appointment as such, was in the service or Government, shall at his option, to be exercised within a period of six months from the date of his appointment, or the publication of those rules, be entitled to draw his service pension and other retirement benefits occurring there from, if he had not been appointed Lokayukta:
Provided that every such person shall count his service as Lokayukta for pension and retirement benefits under the rules applicable to the service to which he belongs immediately before such appointment.
12. (1) The basic pension to which a Lokayukta who has not held any other pensionable civil post under Government, or, having held any other pensionable civil post under Government has not exercised his option under rule II to draw his pension and other retirement benefits under the ordinary rule of his parent service, shall be--
(a) For the first three completed years of service for pension Rs. 5,000 per annum. and
(b) For each subsequent completed years of service for a pension, a further sum of Rs. 1,000 per annum.
(2) For each completed year of service for pension, the Lokayukta who is eligible for a basic pension under this part shall be entitled to an additional pension of Rs. 740 per annum.
13. Power of Governor to add to the service for pension.-The Governor may for special resigns that any period not exceeding three months, shall be added to the service for pension of a Lokayuka:
Provided that the period so added shall be disregarded in calculating any additional pension.
14. Where a Lokayukta, who has exercised his option to receive service pension, dies, whether before or after retirement, a family pension shall be payable to the person or persons entitled thereto under the ordinary rules of his parents service, if he had not been appointed Lokayukta, his service, as Lokayukta being treated as service therein for the purpose of calculating that family pension.
15. The pension payable under rule 11 shall not be commuted, but the pension under rule 12 may be commuted.
16. Authority competent to grant pension.--The authority competent to grant a pension to the Lokayukta shall be the Governor.
PART V
MISCELLANEOUS
17. Facilities for medical treatment and other condition of service.--The Lokayukta and the members of his family shall be entitled to the facilities for medical treatment and for accommodation in hospital, as admissible to a member of the Indian Administrative Service holding the rank of Secretary to Government under the All India Service (Medical Attendance) rules, 1954.
17-A. Allowance admissible to Lokayukta. - With effect from 1st December 1978, there shall be paid to the Lokayukta in respect of time spent on actual service dearness allowance and additional dearness allowance at the rates admissible to the Chief Justice of the Jharkhand High Court.
17. B All other allowances and interim relief payable to, and all other conditions of service of Lokayukta for which there is no specific provision in these rules on any other rules, shall be the same as sanctioned by the Governor from time to time under this provision.
18. Provident Fund.-The Lokayukta shall be entitled to subscribe to the General Provident fund, in accordance with the rules regulating that fund:
Provided that a Lokayukta, who immediately before appointment as such, has held any pensionable civil post under the Government of India or a State Government, shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as Lokayukta.
19. House building advance and motor car advance.-the grant of a house building advance and advance for purchase of motor car to the Loakyukta shall be regulated by the appropriate rules in force, applicable to the Government servants drawing comparable emoluments.
PART VI
20. Composition of establishment.-there shall be a separate establishment of the Lokayukta, with separate budget allotments, in which there shall be a Secretary to Lokayukta, and such other gazetted and non - gazetted staff as the Governor may, from time to time determine in consultation with the Lokayukat.
21. Secretary to Lokayukta.-
(1) The Secretary to Lokayukta shall be appointed by Lokayukta.
(2) The Secretary shall be drawn from the Indian Administrative Service permanently allotted to the State Cadre, drawing pay in the senior scale or the super time scale of the service, or the State Superior Judicial Service, and shall receive the pay which he would have drawn but for his appointment as Secretary.
(3) The Secretary shall hold office for a period as may be decided by the Government in consultation with the Lokayukta and may be recalled earlier if need be, after consultation with the Lokayukata.
22. Other condition of service of the Secretary.-In respect of all other matters the conditions of service of the Secretary shall be as are applicable either to a member of the Indian Administrative Service or the State Superior Judicial Service according as the incumbent with drawn from either to these services.
23. Other Gazetted officers, Ministerial Officers and inferior servants.-the other gazetted officers, the Ministerial Officers and the class IV staff in the Establishment shall be appointed by the Lokayukta:
Provided that the Lokayukta may, be general or special order, delegate to the Secretary or any other officer of the establishment, the power to make appointment to a post or a class of posts in class III or class IV specified in such order.
24. Method of recruitment of the subordinate staff.-
(1) Subject to the provisions of sub-rules (1) and (2) of rule 21, recruitment to a post or a class of posts in the establishment may be made by any one of following methods, namely:--
(a) By promotion of a person employed in the establishment; or
(b) By permanent transfer or deputation of a person serving outside the establishment in connection with the affairs of the Union of this state; or
(c) By direct recruitment for ad-hoc purposes.
(2) Subject to the provisions of sub-rule (2) of rule 21, the Lokayukta may by order from time to time--
(a) Specify the method or methods by which a post or a class of posts may be filled;
(b) Determine the proportion of vacancies to be filled by each method, and
(c) In case of recruitment by promotion specify the class of officers whom and the conditions subject to which they shall be eligible for such promotion:
Provided that appointments to the posts in class I, except that of Secretary and class II of the establishment by promotion or transfer or direct recruitment shall be made only after consultation with the Jharkhand Public Service Commission:
Provided further in the case of a temporary or officiating appointment by promotion or transfer or direct recruitment to a post in classes I and II for a period not exceeding six months consultation with the Commission shall not be necessary, unless the appointment is likely to continue for a period exceeding six months;
Provided further that for appointment to a post of Section Officer or Senior Personal Assistant it shall not be necessary to consult the Commission.
25. Head of Office.-The Secretary shall be the head of the office of the Lokayukta and he shall properly maintain all the proceedings and records of the office and secrecy relating thereto.
26. Powers to utilize the Services of any officers or investigation agency of the State Government.-
(1) The Lokayukta may, for the purpose of conducting investigation under the Act, send requisition for the service of any officers or investigation agency of the State Government to the Head of the Department or office concerned and it shall be complied with unless the Governor decided that the services of the said officer or agency can not be placed under the disposal of the Lokayukta without detriment to the affairs of the State.
(2) If the Lokayukta consider it necessary or expedient he may consult an expert or any other agency for examination of a specific case or category of cases.
27. Remuneration, honorarium and special pay.-there shall be paid to the officer or officers, whose services are utilized under rule 26, such remuneration, honorarium or special pay as the Lokayukta may deem proper and reasonable:
Provided that no order sanctioning such remuneration, honorarium or special pay shall be issued except after consultation with the Finance Department:
Provided further that sanction of requirement and honorarium up to a limit of Rs. 100 per individual and total expenditure up to a limit of Rs.1, 50,000 per year on this account will not require prior consultation with the Finance Department.
28. Probation.-Every, person appointed to a permanent post in any class, other than class I, by direct requirement with a view to his eventual substantive appointment to that post shall be on probation for a period of two years:
Provided that the Lokayukta or Secretary or any other officer to whom powers is delegated under rule 23 may, by order, extend or reduce the period of probation in the case of any person appointed to any post specified in such order.
29. Pay.-The scales of pay of the gazetted officers, other than Secretary, the Ministerial Officers and the class IV staff of the establishment shall be the same as those prescribed for the corresponding personnel in the State Secretariat and if they are drawn from the State Secretariat, they shall receive the pay which they would have drawn but for their appointment on the staff of the Lokayukta.
30. Other conditions of service.-In respect of other matters regulating the condition of service of the members of the establishment shall be governed by such rules, orders or directions as are applicable to the officers of the corresponding rank in the Bihar Civil Secretariat, subject to such modifications, variations or exceptions if any in such rules, orders or directions as may, after consultation with the Finance Department, by order from time to time, be specified.
31. Control and discipline.-All officer and staff in the establishment shall be subject to the superintendence and control of the Lokayukta.
32. Penalties.-The following penalties may, for good and sufficient reasons, be imposed on any member of the establishment, namely:-
(1) Censure;
(2) Withholding of increments or promotion;
(3) Reduction to a lower post or time-scale or lower stage in a time-scale;
(4) Recovery from pay of the whole or part of any pecuniary loss caused to the Union or State by negligence or breach of orders;
(5) Compulsory retirement;
(6) Removal from service in the establishment which shall not disqualify from future employment under the Government;
(7) Dismissal from service in the establishment which shall ordinarily disqualify from future employment under the Government, and
(8) Fine.
Explanation.-
(1) The termination of employment of a member of the establishment during or at the end of the period of probation does not amount to removal or dismissal within the meaning of this rule.
(2) The stoppage of a member of the establishment at the efficiency bar in the time-scale of his pay on the ground of his unfitness to cross the bar does not amount to withholding of increment of promotion within the meaning of this rules.
(3) A refusal to promote a member of the establishment after due consideration of this case, to a post or grade to which promotions within the meaning of this rule.
(4) The reversion to a lower post of a member of the establishment who is officiating in a higher post, after a trial in the higher post or for administrative reasons (such as the return of the permanent incumbent from leave of deputation, availability of a more suitable person, an the like) does not amount to reduction in rank within the meaning of this rule.
(5) Compulsory retirement of a member of the establishment in accordance with the provisions relating to his superannuation or retirement does not amount of penalty within the meaning of this rule.
(6) The withholding of increment for failure to pass departmental examinations does not amount to withholding of increment within the meaning of this rule.
(7) Punishment of fine may be inflicted only on a member or class IV staff,
Note. (1) Before an order imposing the following penalties can be passed, the procedure laid down under rule 55 of the Civil Services (Classification, Control and Appeal) rules shall be followed:-
(i) Dismissal;
(ii) Removal;
(iii) Compulsory retirement, or
(iv) Reduction in rank.
Note. (2) For the procedure to be followed before an order imposing the following penalties can be passed [See rule 35A of the Civil Services (Classification, Control and Appeal] Rules:
(i) Censure;
(ii) Withholding of increment or promotion including stoppage at efficiency bar;
(iii) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of order.
33. Punishing authority.-Subject to the provisions of Article 311 of the Constitution, the Lokayukta shall have the power to impose any of the penalties specified in rule 32 on any member of the establishment in respect of whom he is the appointing authority;
Provided that the Lokayukta may subject to the delegation of power that he may make in regard to appointments under rule 23, delegate to the Secretary or any other officer or the establishment, the power to impose any of the said penalties on any member of class III or class IV staff of the establishment.
34. Disciplinary action against an officer on deputation to establishment.-If in the case of an officer or any other member of the establishment on deputation to it, the Lokayukta or any other officer to whom power to impose penalty has been delegated under rule 33 is, without prejudice to the provisions of the foregoing rules of opinion that any of the penalties referred to in rule 32 should be imposed upon the said officer, all the relevant papers connected with the disciplinary case shall be sent to the parent Department office. Final orders in the matter shall be passed in the parent department/office and a copy thereof shall be forwarded to the Lokayukta office.
35. Appeal.-
(1) Every member of the establishment shall have a right to appeal to the Lokayukta against any order passed originally or on appeal by the Secretary imposing or confirming any penalty specified in rule 32:
Provided that where an order is passed originally by any officer subordinate to the Secretary on appeal against such an order shall lie to the Secretary.
(2) The order of the Lokayukta whether passed original or an appeal shall be final:
Provided that the Lokayukta may on his own motion or an application, received rescind any order passed by him under this rule.
Note.-In regard to construction on appeals or disposal thereof, the provisions of rules 59, 61,63,64 and 65 of the Civil Services (Classification, Control and Appeal) Rules and rule 6,7,8,9,10 and 11 of the Bihar and Orissa. Subordinate Service Discipline and Appeal Rule, 1935 shall be followed.
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JHARKHAND LOKAYUKTA (INVESTIGATION) RULES, 2001
Personnel, Administrative Reform & Rajbhasha Department
Notification No- 6 yksñ@1001@2001&dkñ&1522 dated 30 May, 2001.-In exercise if the powers conferred by section 20 of the Jharkhand Lokayukta Act, 2001, the Governor of Jharkhand is pleased to make to following rules-
CHAPTER I
1. Short title.-these rules may be called the "Jharkhand Lokayukta (Investigation) Rules, 2001. "
2. Definitions.-in these rules unless there is anything repugnant in the context --
(i) 'Act' means the Jharkhand Lokayukta Act, 2001;
(ii) 'Article' means an Article of the Constitution of India;
(iii) 'Complaint' means an allegation or expression of grievance made orally or in writing to the Lokayukta with a view to his taking action under the Jharkhand Lokayukta Act;
(iv) 'Form' means the forms prescribed under these rules;
(v) 'Investigation' means any enquiry or proceeding in connection with complaint but does not include a preliminary enquiry;
(vi) 'Schedule' means the Schedule appended to these rules.
3. Interpretations of words and phrases.-Words and expressions used in these rules but not defined herein, shall have the same meanings as are respectively assigned to them under the Constitution of India and the Act.
CHAPTER II
4. Travelling Allowance.-When a person not in the service of the Government is required by the Lokayukta to appear before him as a witness he shall be paid traveling allowance for journey calculated under the ordinary rules for the journey of a Government servant on tour and daily allowance, and for this purpose the Lokayukta may declare by special order the grade to which such persons shall be considered to belong according to his status in life, or are his decision in this respect shall be final.
5. Competent authority.-For the purpose of item (ii) of clause (c) of section 2 of the Act, other than in the case of a Minister or a Secretary--
(i) Where appropriate disciplinary action is recommended by the Lokayukta the competent authority shall be the appointing authority of the public servant; and
(ii) Where remedial action or redress of grievance is recommended by the Lokayukta the competent authority shall be the head of the department or office in which the public servant has been working or had worked:
Provided that if the said public servant is on deputation to a foreign service the head on the establishment in which he has been working or had worked shall be consulted, if the cause of the grievance or allegation arises out of the administrative action taken by or with the approval of the Public servant during the period of his deputation to foreign service.
6. Form and contents of complaint.-
(1) Save as otherwise mentioned in these rules, every complaint under this Act shall be made, as far as possible, in the forms prescribed in Schedule 'A' and shall contain the following particulars:--
(a) Every complaint shall bear the heading title "before the Lokayukta of Jharkhand."
(b) Name or names of the complainant with their full addresses.
(c) Name or names of persons complained against with full address (es),
(d) If the grievance is made after the expiry of twelve months from the date on which the action, complained against, became known to the complainant
(2) All complaints made before the Lokayukta shall be duly signed by the complainant or, if he is illiterate, shall bear his left thumb impression duly attested by a literate person, clearly disclosing the name and full address of the attesting persons.
(3) Every complaint shall be supported by an affidavit as prescribed in rule 8.
7. Fees.-A fee of Rs. 4.70 (rupees four and paise seventy) shall be paid in judicial stamps for filing a petition of complaint before Lokayukta:
Provided that the Lokayukta may waive the levy of the fee, should it be deemed proper in any specific cases.
8. Contents of affidavit.-
(1) Every affidavit shall be drawn up clearly and legibly and, as far as possible in a language understandable to the person making the affidavit. It shall be drawn in the first person and shall be divided into paragraphs, if any, which should be numbered consecutively, and each paragraph, as far as possible be confined to a distinct subject or portion thereof, and it shall be sworn in before a judicial magistrate or an executive magistrate or before the Secretary to the Lokayukta or any Gazetted officer duly authorise by the Lokayukta to administer oath,
(2) Every person making an affidavit shall state his full name, or husband's name as the case may be, surname, age, profession or trade and place of residence and shall give such other particulars as will make it possible to identity or locate him clearly.
(3) The Affidavit shall be signed by or bear the thumb impression of the complainant duly attested by a literate person, disclosing his father's name and full address.
(4) (a) Every complaint and affidavit shall be legibly typed or written on foolscap paper, only one side, leaving one-fourth of each page as a margin and be entitled as prescribed in rule 6(a).
(b) Every affidavit shall conclude as follows:-
Hereby swear in the name of God
"I do……………………………………………………………….that this
Solemnly affirm
Signature
Is my name and that the
Thumb impression
Contents of this affidavit are true, I further swear that what is stated in the paragraph (give number) is true to my information and is believed by me to be true".
9. True copy of the document.-
(1) If the complaint wants to rely upon a document of documents, the complaint should alongwith this complaint submit under his signature or thumb mark duly attested, a true copy of the document or documents on which he wants to rely.
(2) All such documents filed should be accompanied by a list in the form prescribed in Schedule B attached to these rules.
10. Documents dispensed with.-nothing in these rules shall apply to a complaint or communication falling under sub-section (3) of section 9 of the Act or section 7 which provides for suo, motu cognizance of grievance or allegations:
Provided that the Lokayukta may, in such cases call for a formal complaint and/or an affidavit in the form prescribed in Schedule 'J'.
11. Registering of complaint.-(1) After the complaint is received in the office of the Lokayukta, it shall be scrutinised by the Secretary to the Lokayukta or under his authority any officer of the Lokayukta's establishment; and if, after the scrutiny, the Secretary or the Officer so authorised by him is satisfied that the complaint is proper, he may direct the complaint to be registered in a register to be maintained for the purpose.
12. Effect of non-compliance.-if the necessary requirements are not complied with within one month from the date of receipt of information to rectify the defects, the complaint may be put up before the Lokayukta and the Lokayukta may summarily reject such complaint or pass such order as he may deem fit in the circumstances of the case.
13. Acknowledgement of complaint.-After the complaint is registered, the Secretary or any other officer empowered on his behalf by the Secretary shall send to the complaint an acknowledgement of the complaint in the form prescribed in schedule 'C' informing him that his complaint is registered and giving him the number of his complaint.
14. Procedure to be adopted at the investigation.-
(1) If the Lokayukta decides to conduct any investigation under this Act, the procedure as provided under section 10 of the Act shall be followed and a notice in the form prescribed in Schedule 'B' shall be sent to the public servant complained against along with a copy of the complaint, if it has not already been sent to him; or; if the inquiry or investigation is being conducted by the Lokayukta on his own motion or on inquiry report received after a preliminary inquiry with a statement setting out grounds for conducting inquiry or investigation on his own motion, and notice shall require the public servant concerned to send his reply and to offer his comments within the time specified therein such extended time, if any, as may be granted.
(2) Notice under rule (1) shall be served upon such public servant(s) concerned by-
(i) Registered post with acknowledgement due; or
(ii) Personal delivery after obtaining a receipt from him; or
(iii) Through the officer to whom the public servant is subordinate in service; or
(iv) Through the competent authority.
15. Manner of reply.- (1) Such public servant shall send his reply and offer his comments within the time specified or granted. The reply shall be accompanied by an affidavit and also by a copy or copies of the documents, if any, on which the public servant desires to rely for his defence.
(2) If such public servant fails to appear personally to file his reply and offer his comments or fails to file his reply and to offer his comments within the time specified or granted, the complaint may be heard and decided in his absence.
16. Power to condone delay.-The Lokayukta may for valid reasons to be recorded in writing concerned to file is reply and to offer his comments after the time specified or granted.
17. Complaints filed prior to these rules.-Complaint prior to enforcement of these rules shall be deemed to have been filed under these rules, if they are subsequently supported by affidavit, and substantively complied with the provisions of rule 6,
18. Secretary to department to give notice.-The Secretary of department or Head of office shall be the authority to give notice in writing to the Lokayukta under sub-section (3) of section 14 of the Act.
19. Application of the Criminal procedure Code.-The procedure prescribed in sub-section (1) of section 340 of the Criminal Procedure Code, 1973 (Act 2 of 1974) shall be followed in respect of offences referred to in clause (b) of sub-section (1) of section 195 of the said Code and complaint made under section 340 of the said Code shall be signed by such officer of the Lokayukta as he may appoint for the purpose.
CHAPTER III
20. Authentication of order passed by the Lokayukta.-Any order passed by the Lokayukta under the provisions of these rules and executed in the name of the Lokayukta shall be authenticated in such manner as the Lokayukta may, by general or special order, from time to time, specify.
21. Transaction of business.-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 purpose:
Provided that such order may also specify a matter or a class of matters which shall be brought to the personal notice of the Lokayukta before any orders are issued.
22. Residuary powers.-all matters not specially provided for in these rules whether incidental or ancillary to the provisions of these rule or otherwise, shall be regulated in accordance with such orders as the Lokayukta may from time to time make.
23. Powers to regulate proceedings and investigation.-The Lokayukta shall have the powers, subject to the provisions of the Act, to regulate the conduct of proceedings, investigations and enquiries in all matters not provided for in these rules.
24. Procedure to be adopted at the investigation.-When The Lokayukta conducts an investigation under the Act he shall after a copy of the complaint or the statement of the grounds of the investigations has been served on the public servant concerned, afford reasonable opportunity to him or his authorized representative to inspect or copy the affidavit of the complaint, affidavit or statement.
Explanation.-"Copy" includes preparation of a copy in manuscript or typewriting machine.
25. Direction by the Lokayukta.-The Lokayukta may, by order not inconsistent with these rules, provides for matters for which no provisions have been made or insufficient provisions have been made in these rules and may give such directions as may be necessary for giving effect to the provisions of the Act, the rules and such orders.
26. Notice of hearing.- (1) During the course of conducting the investigation, the Lokayukta may serve, on both the parties, a notice, prescribed in the form in Schedule 'E' to appear before him for a hearing with or without witnesses or for any other purpose.
(2) Such notices may be sent through the Block Development Officer of the area a in which the complainant or the public servant complained against resides; or through the police-station, or through the District Magistrate of the direct concerned, or through the Head of the Department in which the public servant is serving, or through registered post with acknowledgement due, or in any manner which the Lokayukta may think fit.
27. Administering oath and recording of evidence. - (1) The Lokayukta or any officer duly empowered by the Lokayukta, may administer oath to very person examined by him during investigation.
(2) The Lokayukta may record, in English or Hindi the substance of the evidence given by each person examined by him.
28. Interpreters.-
(1) The Lokayukta may in special cases, appoint an interpreter(s), who will be paid at such rate as fixed by the State Government from time to time.
(2) The interpreter shall take oath in the following form:-
Swear in the name of God
"I do…………………………………….that I will tell and truly interpret
affirm solemnly
explain all question spurt to and evidence given by witness and translate correctly and accurately all documents given to me for translation."
29. Summons to witness and manner of service.-Save as otherwise provided, or in the absence of any other specified order in this behalf, summons to witnesses may be issued in the form prescribed in Schedule 'E' and may be service through police-station or the Block or Anchal Office within whose jurisdiction the witness resides.
CHAPTER IV
30. Furnishing of Information and Production of Documents.-(1) Where the Lokayukta requires any public servant or any other person to furnish information or to produce documents under section 11(I) of the Act, the secretary or any officer authorized by the Secretary shall issue a notice in the form prescribed in Schedule 'G' to the officer or authority in whose custody the file or document is stated to be or in whose custody that file would ordinarily be.
(2) If the file is not produced or sent within the period prescribed by Government or the officer or authority concerned, the secretary shall write to the Head of the Department concerned and should wait for 15 days thereafter.
(3) If the file is not received within 15 days after the Secretary's letter referred to under rule (2) above, the complaint shall be put up before the Lokayukta.
31. Consequences of refusal of a party to produce documents.-Where any party to an investigation before the Lokayukta refuses, without any lawful excuse, to produce a document or documents in his custody or power, the Lokayukta may decide the matter against him in the absence of these document and may also strike out complaint or defence, as the case may be, or may make such other order as he thinks fit.
CHAPTER V
32. Time-limit for certificate under section 11 of the Act.-
(1) The certificate as required under-section 11(5) of this Act, shall be issued by the Secretary as defined in section 2(k) of the Jharkhand Lokayukta Act, 2001 within a period of 30 days from the date on which information is required to be furnished, the question is required to be answered or the document is required to be produced:
Provided that this period may be extended by the Lokayukta for such period as he thinks fit.
(2) If the certificate is not issued during this period, it will be deemed that for the purpose of the investigation no such objection exists.
33. The Information to be given to the complainant, to the public servant concerned and to the competent authority concerned as per clause as per clause (5) of section 12 of the act shall, subject to the specific written order of the Lokayukta, be given in the form prescribed in Schedule 'H'
34. Information under section 12 of the act.-The information to be given to the complainant regarding special report under section 12(5) of the Act shall, subject to the specific written order given by the Lokayukta in that behalf, be given in the form prescribed in Schedule 'I'
35. Rehearing of a complaint.-If a case is closed for default of complainant or if it is ordered to be filed, or is decided ex-party against the public servant, the Lokayukta may, if sufficient cause is shown to him, reopen the case and may rehear it on merit.
36. Certified copy.-
(1) No person shall be entitled to a certified copy of any record of the proceedings before the Lokayukta:
Provided the Lokayukta may, subject to the provisions of section 10(2) and 14(1) of the Act, permit certified copy of the final order or of such part thereof as he may deem fit.
(2) The Section of the Office of the Lokayukta may authenticate such copies for issue, if the Lokayukta orders for supply of such a certify copy or copies.
(3) The party concerned will have to deposit necessary cost for the supply of such certified copy as may be fixed by the State Government.
37. Notice of refusal to investigate or non-continuance of investigation.-When the Lokayukta refuses to investigate or ceases to investigate a complaint under section 10(4) of the Act, a notice prescribed in the form in Schedule 'F' may be issued to the complainant.
38. Repeal and savings.-
(1) Jharkhand Lokayukta (Investigation) Rules, 1974 are hereby repealed.
(2) Notwithstanding such repeal any action taken under the said Rules, shall be deemed to have been done or taken in exercise of powers conferred by these rules as if these rules were in force when the action was taken.
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