The Assam Lokayukta and Upa-Lokayuktas (Amendment) Act, 1990
**Registered No. A — 12**

# The Assam Gazette

## EXTRAORDINARY

### 3»W *#*'*«! »5*KJ 2T«i-^

 PUBLISHED BY AUTHORITY

 87 swst^r , 22 csr, 1990, 1 wf&, 1912 M

**No. 87** **O’spa r, Tuesday, 22ad May,** **1990, 1st Jyeigtha,**

                       - 1912 **(S. £.}**

### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

**LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH**

### NOTIFICATION

 The 22nd May, 1990

 No. LGL.32/85/197.—The following Act of the Assam
 Legislative Assembly which received the assent of the
 Governor is hereby published for general information.


-----

#### 532 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 22, 1990

 A S S A M A C T No - X I O F 199G
 (Receiv ed the assent o f the Go vernor on 9th M ay , 1990)

 THE ASSAM LOK AYUKTA AND UPA-LOKAYUKTAS
 (AMENDMENT) ACT, 1990

An

Act

**farther** to amend the Assam Lokayukta and Upa-Lokayuktas Act, 1985.

Preamble Whereas it is expedient further to amend the Assam

Lokayukta and Upa-Lokayuktas Act, 1985 (Assam Act X X

of 1986), hereinafter referred to as the principal Ac’ , in

the manner hereinafter appearing;

It is hereby enacted in the Forty-first Year ef the Re­

public of India as follows :—

1. (1) This Act may be called the A ’sam Lokayukta and

LJpa-Lokayuktas (Amendment) A ct, 1990.

(2) Jt shall hive the (ike extent as the principal Act.

(3) It shall come into force at once.

2. In the principal Act, in Section 2, in clause (j),

paragraphs (a), (b), (c), (d), /e), (f) and (g) of sub-clause
(iv) and sub-clause (v) shah be renumbered as sub-clauses

“ (tv)” , “ (v)”, “ (v i)* '( v ii)” , “ (viii)”, “ (ix)”, ‘ (x)” and

“ fxi)” respectively. The existing paragraph (k) under so re

numbered sub-clause (xi) shall be read as paragraph (e).

Amendment 3. In the principal Act for Section 4, the following

oi Section Sections shall be substituted, namely : —

**4** **of** **the**

**Assam Act**
**XX of 1986** **..** **,** **,** **, ,,** **,** **,** **,**

              - 4, (1) The Lokayukta shall be a person wh« is or has

been a fudge of the Supreme Court or the Ch ief
Justice of a High Court:

Provided that the qualifications laid down in this sub­

section shall not apply to the person already appointed as

a Lokayukta prior to coming into force of (Ameniment)

Act, 1990.

(2) The Upa-Lokayukta shall be a person who is or

has been a Judge of a High Court.

(3) The Lokayukta or Upa-L okayikta, as th ecae may be ,

shall be a person who is not o- nevir has been a member o [f]
Parliament or a member of the Legislature of any State and

shall not hold any office of trust or profit, ob.er than his
office as the Lokayukta or an Upa-Lokayukta, as the case


-----

TH E ASSAM GA ZETTE. EX TRAO RD INAR Y, MAY 22, 1990 533

may be, or connected with any political party or carry on
any business or practice any profession and accordingly,

before he enters up ^n his office as the Lokayakta o. Upa-

Lokayukta, as the case may be, shall,—

(a ) if he i-' a sitting fudge of the Supreme Co urt or

the Chief Justice or a Judge of a High Co urt, as
the case may be, or hold any other office or tru st

or profit, resign such office ; or

(b) if he is connects 1 with anv polidcal party, sever such

connection with it : er

(cl if he is carryiug on any busiaess, sever his connec­

tion (sh ort of divesting himse.f of ownership) with

the con duct and management of such bu sine ss; or

(d ) if he is practising any profession suspend practice

of sucii profession’ [1].

Amendment 4 - 1“ <h« principal Act, in section 5,—

of Section 5
of the Assam
Act XX of

1986.

(1 ) in sub-section (1 ), for the figure and words **68 years”

the figure and words ‘‘67 years whichever is earlier"

shall be substituted,

(2) fjr sub--tciion (4 i the following sub-sect on shall be

substituted, namely :—

“ (4 ) (t) The Lokayukta shall be entitled to such pay,

allowances, pension, privileges and other conditio n! of service
as may be admissible to the Supreme Court Judge or the

Chief Justice of the High Court, as the case may be, from
time to time.

(o ) The Up i-L okavukta shall k e entitled to such pay,

allowinces, pension, privileges and oth er conditions of ser­

vice, as may be admissible, to the Judge of a High Court

fra m tim e to tine.

(c) The pay and allowances and pengioa, privileges

and othrr conditions of service of the Lokayukta or Up a-

Lokayuk [r] a shall no t be varied t> his dis-advantage during

the tenure of his office” ;

(3) fo r sub-section (5), the fo llo wing sub-section shall

be substituted, namely: —

“(5 ) If the Lokayukta or Upa-Lokayukta at the tin s

of his appointme nt is in receipt of a pension (other than a
disability or would pension) in respect of any previous se r­

vice under the Government of India or any of his predecessor


-----

#### 53* THE ASSAM GAZETTE. EXTRAORDINARY, MAV 22, 1990

Government, his salary in respect of his ervice as the

Lokayukta or as the Upa-Lokayukta, as the case may be,

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 ths pension due to him in

respect of such previous seivice, the cots muted

value thereol. 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 grat­
uity.”

Amend- 3. In the principal Act, in section 8, in sub-section (1 ),

**m en to f S e c -in** paragrap h (1 ) of clause (b ), (o r the words “ Third schedule”
**tion 8 of the** the words “Second Schedule” shall be substituted.

**A s«am** **Act**

XX o f 19 86.

Am end- 6. In the principal Act, in Sac tion 10, after sub-section

m ea t of S e c -(6) the following sub-section shall be added, namely:—
tion 10 of

**th e** **Assam**

**Act** XX of
1986.
“(7) The provisions ®f this Act shall be in addition to and

not in derog ation ot the provis.ons of the Prevention

of Corruption Act, 1988 or any other law for the time

being in force.

(g) If the Lokayukta declines to inquire into any matter

against any person who may be his close relation and
In case there is no Upa-Lokayukta in the Lokayukta
Organisation, in that event the Lokayukta shall submit

a report to the Governor with a request to refer the
matter in dispute to the Chief Justice of the High

Court of the State for his opinion and to decide the
dispute in conformity with such opinion.’’

Amendment 7, In the principal Act, the Second Schedule shall be

**o f Sc he du le.** deleted and the existing "T hird Schedule” shall be

re-numbered as "Second Schedule” .

### K. LASKAP,
 Secretary to the Govt- of Assam,
 Legislative Department-

**GU WAH ATI.—Printed and published by the Dy. Director (P), Directorate of Ptg. and**

**Sty., Assam, Cuwahati—21, (Ex-Gazette) No, 173— 1,110—500—22-5-1990,**


-----

