LOKAYUKTA
HIMACHAL PRADESH

Conditions of Service

THE HIMACHAL PRADESH LOKAYUKTA (CONDITIONS OF SERVICE) RULES Short title and commencement--
  • These rules may be called the Himachal Pradesh Lokayukta (Conditions of Service) Rules, 1984.

  • These rules shall come into force at once.
Definitions
  • (1)In these rules, ‘Act’ means the Himachal Pradesh Lokayukta Act,1983 (17 of 1983).

  • For the purpose of these rules, the word will have the same meaning as given for this word in the High Court Judges.; Travelling Allowance rules, 1956.

  • (Deleted).

  • The Lokayukta shall be entitled to leave, in accordance with the provisions of the High Court Judges’ (Conditions of Service) Act, 1954 and the rules made thereunder and applicable to the Chief Justice of High Court, subject to the modification that the Lokayukta shall be entitled to leave on full allowances at the rate of one month for each completed year of service and proportionately for the remaining period of service.

  • Authority competent to grant leave.--- The authority competent to grant or refuse leave to the Lokayukta or to revoke, curtail leave granted to him, shall be the Governor of Himachal Pradesh
  • Provident Fund.- The Lokayukta shall be entitled to subscribe to the General Provident Fund in accordance with the General Provident Fund (Central Services) Rules 1960, as amended from time to time and orders issued thereunder.

  • Travelling allowance- The Lokayukta shall receive such travelling allowance to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable  facilities in connection with travelling as may from time to time, be prescribed in the High Court Judges’ Travelling Allowance Rules,1956 ;Provided that a person appointed as Lokayukta shall be entitled to receive as travelling allowance, the actual expenditure incurred on the journey for self and his family from the place of his ordinary residence to Shimla on first joining his appointment and for the journey back to his home town on completion of his tenure, by air, rail or motor vehicle.  Further, he shall be entitled to actual expenditure incurred for the transportation of luggage upto a full wagon deleted and 2,3&4 inserted vide notification No. PER(VIG)A-(4)-2/83, dated 15-11-85 Published in Extra, ordinary Gazette dt, 14.12.1985..The words “the Act or” deleted vide Notification No. RER(VIG)A-(4)-2/83 dated 15.11.85 Published in Extraordinary Gazette dated 14.12.1985.Provided further that in the event of the death of Lokayukta while in office the members of his family shall be entitled to the actual expenditure incurred on the Journey of the family and for the transportations of their luggage [upto a full wagon] from the headquarters to the home town of the Lokayukta in case the journey is performed within six months of the death of the Lokayukta.[Explanation.- For the purpose of these rules, the words “full wagon will have the same meaning as given for these words in rule 1 A of the High Court Judges’ Travelling Allowance Rules, 1956].

  • Facilities for medical treatment.- The Lokayukta and the members of his family shall be entitled to such facilities for medical treatment for accommodation in Government hospitals as are admissible to the Chief Justice of High Court of Himachal Pradesh and the members of his family.

  • Facility for residential accommodation.- The Lokayukta shall be entitled for residential accommodation on the same terms and conditions as are applicable to the Chief Justice of the High Court of Himachal Pradesh.

  • Other conditions of service.- The conditions of service of the Lokayukta for which no express provisions have been made in these rules, shall be the same as are applicable to the Chief Justice of the High court of Himachal Pradesh.By order and in the name of the Governor of  Himachal Pradesh.DEPARTMENT OF PERSONNEL (VIGILANCE)NOTIFICATION Shimla-2, the 6th December, 1983 No. Per (Vig) A (4)-2/83-II.- The Governor, Himachal Pradesh is pleased to order that the hours of work & holidays for the Lokayukta and his office shall be such as may be declared by the Lokayukta from time to time, but save as otherwise so declared, the Lokayukta and his office shall observe the same public holidays as are observed by the High Court of Himachal Pradesh and such local holidays as are declared by the local authorities form time to time.By order, A.K. MOHAPATRA,
    .

  • GOVERNMENT OF HIMACHAL PRADESH
    OFFICE OF THE LOKAYUKTA

    ORDER Shimla-2,20th March,1986No. Loka-4 (E)-1/83.-In exercise of the powers vested in him under rule 6(4) of the Himachal Pradesh Lokayukta(Proceedings) Rules, 1983, the Lokayukta, Himachal Pradesh, hereby prescribes the rates for the payment of diet and road money to be paid to the witnesses, as shown in the Schedule I below :- SCHEDULE-I (Diet and road money)Class.
    (a)For unskilled labour, Peons etc.
    (b)For skilled labour, Clerks etc.Rs. 20/-per diem.
    (c) For other having somewhat special status Rs. 25/-per diem.
    • The above rate (s) may be increased at the discretion of Lokayukta keeping in view the circumstances of each case.

    • The Lokayukta, may allow diet and road money to the complainants and witnesses at his discretion having regard to the variety of allegations in the complaint as also the financial position of such a person.

    • No diet and road money shall be paid to a Government servant of the State Government.  However, the payment of diet and road money may be considered in respect of  “public servants” referred to in sub-clause (4) to (11) of section 2 of the Himachal Pradesh Lokayukta Act, 1983 provided such a person is not in the service or pay of Government company, Local Body, University, Zila Parishad, Panchayat Samiti, Apex Society, Co-operative Society, Statutory, Non-statutory body.A Court attendance certificate in the prescribed proforma as in Form-III shall be issued in favour of all witnesses and complainants  for their attendance.

    • The Lokayukta, Himachal Pradesh shall determine the class under which the witness shall be ranked.

TRAVELLING RATES
  • Ordinary bus fare by a shortest route may be paid to a witness for to and fro journey performed to attend the Court from the place of residence or office of such a person.

  • When the Journey is performed by rail, only second class fare for to and fro journey may be paid to such a person.

  • If the journey is performed from such a place where mode of travel is both bus and rail, the expenses of the cheapest of the two modes may be re-imbursed.
  • Note.-
    The Lokaukta, Himachal Pradesh may exercise his discretion to allow travelling expenses at higher rates, then prescribed above, for to and fro Journey to the witnesses, in exceptional case having regard to the status of such a person.
    The expenditure of witnesses etc. shall like ordinary contingent expenses be debited to the grant under Head “265” Other Administrative Services (b) Special Commission of Inquiry-(b) (I) Lokayukta (Non-Plan) office expenses.By order,T.V.R. TATACHARILokayukta, Himachal Pradesh With effect from 1-4-1987, the figure “265” be read as “2070”