HARYANA = GOVT

&nbs= p; =20 Hindi Version &nbs= p; = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; =20 Home

= =20 &nbs= p; = ; =20

HARYANA GOVT. = GAZ.=20 (EXTRA), JAN. 27, 2003

(MARCH 7, = 1924=20 SAKA)

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PART=20 I

LEGISLATIVE = DEPARTMENT

Notification

The 27^th January,=20 2003

&nbs= p; =20 No. Leg. 1/2003: = -The=20 following Act of the Legislature of the State of Haryana received the = assent of=20 the President of India on the 6^th January, 2003, and is = hereby=20 published for general information:-

Haryana Act No. 1 of = 2003

THE HARYANA = LOKAYUKTA=20 ACT, 2002

ACT

to provide=20 for the appointment and functions of a = Lokayukta

for inquiry and investigation = into the=20 allegations and

grievances=20 against public servants and for

matters=20 connected therewith.

&nbs= p; =20 BE it enacted by the Legislature of the State of Haryana in the=20 Fifty-third Year of the Republic of India as follows: = -

Short title, Extent and=20 Commencement

1. &nbs= p; =20 (1) =20 This Act may be called the Haryana Lokayukta Act,=20 2002.

&nbs= p; =20 (2) =20 It extends to the whole of the State of = Haryana.

&nbs= p; =20 (3) =20 It shall come into force on such date as the State Government = may, by=20 notification in the Official Gazette, appoint.

Definitions

2. &nbs= p; =20 In this Act, unless the context otherwise=20 requires,-

(a) =20 =93act=94 means administrative action taken by a public servant = by way of=20 decision, recommendation or finding or in any other manner and shall = include=20 willful failure to act, and all other expressions relating to such = action shall=20 be construed accordingly;

(b) =20 =93allegation=94 in relation to a public servant means any = affirmation that=20 such public servant-

(i) = ; = =20 has knowingly = and=20 intentionally abused his position as such to obtain any undue gain or = favour to=20 himself or to any other person or to cause undue hardship or harm to any = other=20 person;

(ii) =20 was actuated in the discharge of his functions as such public = servant by=20 personal interest, or improper or corrupt motives;

(iii) =20 is guilty of corruption, lack of integrity in his capacity as = such public=20 servant; or

(iv) = ; =20 is in = possession of=20 pecuniary resources or property disproportionate to his known source of = income=20 and such pecuniary resources or property held by the public servant = personally=20 or by any member of his family or by some other persons on his=20 behalf;

(c ) =20 =93Chief Minister=94 means head of the Council of=20 Ministers;

(d) = ; = &= nbsp; &n= bsp; =20 =93competent = authority=94=20 in relation to a complaint against-

(i) &nbs= p;=20 Chief Minister &nbs= p; =20 : The Governor in his discretion;

(i) = ; = &= nbsp; &n= bsp; &nb= sp; =20 (ii) =20 All other Public Servants: Chief Minister;

(e) =20 =93complaint=94 means a complaint wherein act of any allegation = or grievance=20 is alleged to have been committed by a public = servant;

(f) &nbs= p;=20 =93corruption=94 includes any act punishable under chapter IX of = the Indian=20 Penal Code, 1860 or the Prevention of Corruption Act, 1988, or under any = law for=20 the time being in force for prevention of = corruption;

(g) = ; = =20 =93Governor=94 means the=20 Governor of the State of Haryana;

(h) = ; =20 =93grievance=94 means the=20 claim by a person that a right to which he is entitled to is denied to = him=20 or is unreasonably = delayed by the=20 act of omission or = commission of a=20 public servant or the act complained of amounts to=20 mal-administration;

(i) = ; = =20 =93Lokayukta=94 means a=20 person appointed as a Lokayukta under section 3;

(j) = ; = =20 =93mal-administration=94=20 means an act, which is unjust, unfair, unreasonable, oppressive, = improperly=20 discriminatory or not supported by law;

(k) = ; = =20 =93Minister=94 means a=20 member of the Council of Ministers, other than the Chief Minister by = whatever=20 name called, for the State of Haryana, =20 that is to say, Cabinet Minister, Minister of State, Deputy = Minister and=20 shall also include the Chief Parliamentary Secretary and Parliamentary=20 secretary;

(l) = ; = =20 =93prescribed=94 means=20 prescribed by rules made under this Act;

(m) = ; =20 =93public = servant=94=20 includes a person defined in section 21 of the Indian Penal Code, 1860 = and also=20 means a person, who is or has been-

a. =20 Chief=20 Minister;

b. =20 a=20 Minister;

c. =20 a Member of = the=20 Legislative Assembly of Haryana including the Speaker and the = Deputy Speaker of Haryana legislative = Assembly;

d. =20 a Chairman,=20 Vice-Chairman or member of the Board of Directors, by whatever name = called, of a=20 Government company within the meaning of section 617 of the Companies = Act, 1956,=20 in which not less than fifty-one percent of the paid up share capital is = held by=20 the State Government.

e. =20 a Chairman,=20 Vice-Chairman or member, by whatever name called, of any statutory or=20 non-statutory body incorporated, registered or constituted by the State=20 Government.

f. = ;=20 a Mayor, = Senior Deputy=20 Mayor, Deputy mayor of a Municipal Corporation constituted or deemed to = have=20 been constituted by or under the Haryana Municipal Corporation Act,=20 1994;

g. =20 a President,=20 Vice-President of a Municipal Committee or Municipal Council constituted = or=20 deemed to have been constituted by or under the Haryana Municipal Act,=20 1973;

h. =20 a President,=20 Vice-President of a Zila Parishad and a Chairman, Vice-Chairman of a = Panchayat=20 Samiti constituted by or under the Haryana Panchayati Raj Act,=20 1994;

i. = ; =20 a President = or=20 Vice-President of any managing committee of a society incorporated or = registered=20 under the law relating to cooperative societies for the time being in=20 force;

j. = ; =20 a President, Vice-President, = Managing=20 Director of the Board of Directors of such other cooperative societies=20 incorporated or registered by or under law relating to cooperative = societies for=20 the time being in force;

k. =20 a = Vice-Chancellor or a=20 pro Vice-Chancellor or Registrar of a University;

(n) = ; =20 =93State=94 = means the state=20 of Haryana;

(o) = ; =20 =93State = Government=94=20 means the Government of the State of Haryana.

Appointment of=20 Lokayukta

3. &nbs= p; =20 (1) =20 For the purpose of conducting investigations in accordance with = the=20 provisions of this Act, the Governor shall, by warrant under his hand = and the=20 seal, appoint a person to be known as the = Lokayukta:

Provided that the Lokayukta shall be = appointed on the=20 advice of the Chief Minister who shall consult the Speaker of Haryana=20 Legislative Assembly, Leader of Opposition and the Chief Justice of = India in=20 case of appointment of a person who is or has been a Judge of the = Supreme Court=20 or Chief Justice of the High Court, and the Chief Justice of the Punjab = and=20 Haryana High Court in case of appointment of a person who is or has been = a Judge=20 of a High Court:

Provided further that the result of = consultations=20 hall have persuasive value but not binding on the Chief=20 Minister.

&nbs= p; =20 (2) =20 A notification by the State Government about the consultation = having been=20 held as envisaged in sub-section (1) shall be conclusive proof=20 thereof.

(3) =20 Every person appointed as the Lokayukta shall, before = entering upon his office, make = and=20 subscribe, before the Governor, or some person appointed in that behalf = by him,=20 an oath or affirmation in the form set out for the purpose in the=20 Schedule.

Qualifications for=20 Lokayukta

4. &nbs= p; =20 A person shall not be qualified for appointment as Lokayukta = unless he is=20 or has been a Judge of the Supreme Court or a Chief Justice or a Judge = of a High=20 Court in India.

Lokayukta to hold no other=20 Office

5. &nbs= p; =20 The Lokayukta shall not be a member of Parliament or member of=20 Legislature of any State and shall not hold any office of profit or = trust or=20 carry on any business or practice any profession or be connected with = any=20 political party and accordingly, before he enters upon his office=20 shall-

(a) =20 if he is a member of Parliament or of the Legislature of any = State,=20 resign such membership; or

(b) =20 if he holds any office of profit or trust, resign from such = office; or=20

(d) = ; = =20 if he is = carrying on=20 any business, sever his connection (short of divesting himself of = ownership)=20 with the conduct and management of such business; or =

(e) = ; =20 if he is = practicing any=20 profession, suspend practice of such profession.

=20

Term of Office and other = conditions of=20 service of Lokayukta

6. &nbs= p; =20 (1) =20 Every person appointed as the Lokayukta shall hold office for a = term of=20 five years from the date on which he enters upon his=20 office:

Provided=20 that-

&nbs= p; =20

(a) = the Lokayukta = may, by=20 writing under his hand addressed to the Governor, resign his office, and = such=20 resignation shall be effective as soon as it is accepted;=20 and

(b) = the Lokayukta = may be=20 removed from the office in the manner specified in section=20 7.

(2) =20 A vacancy occurring in the office of the Lokayukta shall be = filled in=20 within three months.

(3) On ceasing to hold = office,=20 the Lokayukta shall be ineligible for reappointment as Lokayukta or any = other=20 employment in any capacity under the State Government or any local = authority,=20 cooperative society, government company, university, statutory = corporation under=20 the administrative control of the State = Government.

(4) =20 The salary, allowances payable to, and other conditions of = service of=20 Lokayukta shall be same as may be available from time to time to a = sitting Judge=20 of the Supreme Court or Chief Justice or Judge of the High Court, as the = case=20 may be, in accordance with the office held by him:

&nbs= p; = ; =20 Provided that the salary, allowances and other privileges = available to=20 the Lokayukta shall not be negotiable:

Provided further that the allowances = payable and=20 other conditions of service of the Lokayukta shall not be varied to his=20 disadvantage after his appointment.

(5) =20 The salaries and allowances payable to, or in respect of, the = Lokayukta=20 shall be the expenditure charged on the Consolidated Fund of the=20 State.

Removal of = Lokayukta

7. &nbs= p; =20 (1) =20 The Lokayukta shall not be removed from his office except by an = order of=20 the Governor passed after an address by the Haryana Legislative = Assembly,=20 supported by a majority of the total membership of the Legislative = Assembly and=20 by a majority of not less than two-thirds of the members thereof, = present and=20 voting, has been presented to the Governor in the same session for such = removal=20 on the grounds of proved misconduct or incapacity. =

&nbs= p; =20

&nbs= p; =20 (2) =20 The procedure for the presentation of an address and for the=20 investigation and proof of the misconduct, or incapacity of the = Lokayukta under=20 sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, = in=20 relation to the removal of a Judge and, accordingly, the provisions of = that Act=20 shall, subject to = necessary modifications, apply in = relation to the=20 removal of the Lokayukta as they apply in relation to the removal of a=20 Judge.

Matters which may be inquired = into by=20 Lokayukta

8. = =20 (1) =20 Subject to the provisions of this Act, the Lokayukta may on = receipt of a=20 reference from Government proceed to inquire into the allegations or the = grievances made against a public servant.

&nbs= p; =20 (2) The Lokayukta may inquire into = any act=20 or conduct of any person other than a public servant in so far as he = considers=20 it necessary so to do for the purpose of his enquiry into any allegation = of=20 misconduct against a public servant provided that the Lokayukta shall = give such=20 a person reasonable opportunity of being heard and to produce evidence = in his=20 defence.

9. &nbs= p; =20 The Lokayukta shall not inquire into any matter = -

(a) = in respect of = which an=20 inquiry has been ordered under the Public Servants (Inquiries) Act, = 1850;=20 or

(b) =20 which is not = connected=20 with the discharge of functions as public servant of the person against = whom=20 allegation is made; or

(c) =20 relating to = =93grievance=20 of mal-administration=94, any administrative act involving the exercise = of=20 discretion except where he is satisfied that the elements involved in = the=20 exercise of discretion were absent to such an extent that discretion = would not=20 be regarded as having been properly exercised or was exercised for = corruption.=20

Provisions relating to=20 complaints

10. =20 (1) =20 Subject to the provisions of this Act, a complaint may be made = under this=20 Act to the Lokayukta =96

(a) = in case of = grievance by=20 the person aggrieved;

(b) = in case of = allegation=20 by any person:

(c) =20 Provided that = where the=20 person aggrieved is dead or, is for any reason, unable to act for = himself the=20 complaint may be made by any person who in law represents his estate or, = as the=20 case may be, by any person permitted to act on his behalf.=20

=20 (2) =20 Every complaint involving an allegation or grievance shall be = made in=20 such form, and in such manner and shall be accompanied by such affidavit = as may=20 be prescribed. &nbs= p;=20

=20 (3) =20 Notwithstanding anything contained in this Act or any other law = for the=20 time being in force, any letter written to the Lokayukta by a person in = police=20 custody or in a jail or in any asylum or any other custodial place, = shall be=20 forwarded to the Lokayukta unopened and without delay by the police = officer or=20 the person incharge of such jail, asylum or any other custodial = place. If the Lokayukta is satisfied, = that it=20 is necessary so to do, treat such letter as a complaint made in = accordance with=20 the provisions of sub-section (2).

Provisions for holding = preliminary=20 inquiry.

11. =20 The Lokayukta on receipt of a complaint may before proceeding to=20 investigate such complaint or case, make such preliminary inquiry or = direct any=20 other person to make such preliminary inquiry as he deems fit for = ascertaining=20 whether there exists reasonable ground for conducting the = investigation. If on such preliminary = inquiry, he finds=20 that there exists no such ground he shall record a finding to that = effect that=20 thereupon the matter shall be closed and the complainant shall be = informed=20 accordingly.

Procedure in respect of=20 inquiry

12. =20 (1) =20 Subject to the provisions contained in sub-section (2), the = Lokayukta=20 shall devise his own procedure for conducting inquiry or investigation = but in so=20 doing shall ensure that the principles of natural justice are=20 satisfied.

&nbs= p; =20 (2) =20 The Lokayukta shall complete the inquiry within one=20 year.

&nbs= p; =20

&nbs= p; =20 (3) =20 Every inquiry under the Act shall, unless the Lokayukta for = reasons to be=20 recorded in writing determines otherwise, be conducted in=20 camera.

Power to summon=20 record

13. =20 The Lokayukta shall have the power to summon record of the State=20 Government, local authority, corporation, government company, society,=20 university, any college affiliated to or constituent of a university or = from any=20 other persons in connection with any inquiry or investigation against = public=20 servant undertaken by him:

&nbs= p; =20 Provided that the State Government may withhold the production of = any=20 record or document relating to affairs of the State on grounds of = security or in=20 public interest in accordance with the provisions of the Indian Evidence = Act,=20 1872, or the Indian Official Secrets Act, 1923.

Evidence

14. =20 (1) =20 Subject to the provisions of this section, for the purpose of any = inquiry=20 or investigation, the Lokayukta or any person authorized by him in this = behalf:=20 -

(a) = may require = any public=20 servant or any other person, who, in his opinion, is able to furnish = information=20 or produce documents relevant to such inquiry, to furnish any such = information=20 or produce any such document;

(b) = may enter = upon any land=20 and survey, demarcate or prepare a map of the = same;

(c) =20 shall have = all the=20 powers of civil court while trying a suit under Code of Civil Procedure, = 1908,=20 in respect of the following matters, namely:-

(i) = ; = =20 summoning and = enforcing=20 the attendance of any person and examining him on = oath;

(ii) = ; = =20 requiring the = discovery=20 and production of any document;

(iii) = ; =20 receiving = evidence on=20 affidavits;

(iv) = ; =20 requisitioning any=20 public record or copy thereof from any court or office; and=20

(v) = ; = =20 issuing = commissions for=20 the examination of witnesses or documents:

Provided that no = person,=20 without the prior permission of the appropriate Government shall be = required or=20 authorised by virtue of the provisions contained in this Act to furnish = any such=20 information or answer any such question or produce so much of any = document as=20 might involve the disclosure of any information or production of any documents = which is=20 punishable under the provisions of the Official Secrets Act,=20 1923.

(2) =20 Any proceeding before the Lokayukta shall be deemed to be a = judicial=20 proceeding within the meaning of section 193 and section 228 of Indian = Penal=20 Code, 1860.

Power for search and=20 seizure

15. (1) =20 Where in consequence of information in his possession or after = such=20 inquiry as he thinks necessary, the Lokayukta: -

(a) = ; = =20 has reason to = believe=20 that a person-

(i) = ; = =20 to whom a = summons or=20 notice under this Act, has been or might be issued, will not or would = not=20 produce or cause to be produced any property, document or thing which = will be=20 necessary or useful or relevant to any inquiry or other proceedings to = be=20 conducted by him;

(ii) = ; = &= nbsp; &n= bsp; &nb= sp; &nbs= p; = ; =20 is in possession of any money, = bullion,=20 jewellery, or other valuable article or thing and such money, bullion, = jewellery=20 or other valuable article or thing represents either wholly or partly = income or=20 property which has not been disclosed to the authorities for the purpose = of any=20 law or rule in force which requires such disclosure to be made;=20 or

(b) = ; = &= nbsp; =20 considers = that the=20 purposes of any inquiry or other proceedings to be conducted by him will = be=20 served by a general search or inspection,

may issue a search warrant and he or any = person=20 authorised by him may, by that search warrant-

(I) = ; =20 enter and = search any=20 building or place where he has reason to suspect that such property, = document,=20 money, bullion, jewellery or other valuable article or thing is=20 kept;

(II) = ; =20 break open = the lock of=20 any door, box, locker, safe, almirah or other receptacle for exercising = the=20 powers conferred by sub-clause

(i) = ; = =20 where the = keys thereof=20 are not available;

(III) = ; =20 seize any = such=20 property, document, money, bullion, jewellery or other valuable article = or thing=20 found as a result of such search;

(IV) = place a=20 mark of identification on any property or document or make or cause to = be made=20 extracts or copies therefrom; or

(IV) = ; =20 make a note = or an=20 inventory of any such property, document, money, bullion, jewellery or = other=20 valuable article or thing.

(2) =20 The provisions of section 100 of the Code of Criminal Procedure, = 1973,=20 shall, so far as may be, apply to searches under sub-section=20 (1).

(3) =20 A warrant issued under sub-section (1) shall, for all purposes, = be deemed=20 to be a warrant issued by a court under section 93 of the Code of = Criminal=20 Procedure, 1973.

Punishment for false and = malicious=20 complaints

16. =20 Notwithstanding anything contained in this Act, any person who = wilfully=20 or maliciously makes any false complaint under this Act, shall, on = conviction,=20 be punished with rigorous imprisonment which may extend to three years = or with=20 fine which may extend to ten thousand rupees or with both and the court = may=20 order that out of the amount of fine, such sum as it may deem fit, be = paid by=20 way of compensation to the person against whom such complaint was=20 made:

&nbs= p; =20 Provided that no court shall take cognizance of an offence = punishable=20 under this section except on a complaint made by or under the authority = of the=20 Lokayukta:

&nbs= p; =20 Provided further that the complaint made by or under the = authority of the=20 Lokayukta shall be exclusively tried by a court of sessions, which may = take=20 cognizance of the offence in such complaint without the complaint being=20 committed to it, notwithstanding anything contained in the Code of = Criminal=20 Procedure, 1973.

Reports of=20 Lokayukta

17. =20 (1) =20 If, after inquiry in respect, of a complaint, the Lokayukta is=20 satisfied-

(a) = that no = allegation or=20 grievance has been substantiated, he shall close the case and intimate = the=20 competent authority concerned accordingly;

(b) = that all or = any of the=20 allegations or grievances have or has been substantiated either wholly = or=20 partly, he shall, by report in writing, communicate his findings, = appropriate=20 recommendations and suggestions to the competent authority and intimate = the=20 complainant and the public servant concerned about his having made the=20 report.

(2) =20 The competent authority shall cause the report to be examined and = communicate to the Lokayukta within three months of the date of receipt = of the=20 report, the action taken thereon.

(3) =20 The Lokayukta shall present to the Governor a consolidated annual = report=20 on the administration of this Act.

(4) =20 The Governor shall cause to be laid on the table of the State = Legislature=20 a copy of the annual report referred to in sub-section (3) above within = six=20 months of its receipt along with an explanatory memorandum indicating = the action=20 taken thereon, and the reasons for not taking action in a given=20 case.

Power to issue interim=20 direction

18. =20 (1) =20 The Lokayukta may, after receipt of a complaint, issue such = interim=20 direction as the case may warrant so as avoiding grave=20 injustice.

(2) =20 The competent authority shall deal with the interim direction in = the same=20 manner as provided for final direction.

Staff of Lokayukta =20

19. =20 (1) =20 The Lokayukta may appoint in consultation with the State = Government, such=20 officers and staff as he may consider appropriate for the discharge of = functions=20 under this Act.

&nbs= p; =20 (2) =20 The categories of officers and staff who may be appointed under=20 sub-section (1) above and their conditions of service shall be such as = may be=20 prescribed in consultation with the Lokayukta.

Utilization of services of = other=20 person

20. =20 (1) =20 Without prejudice to the provisions of sub-section (10 of section = 19, the=20 Lokayukta may, in consultation with the State Government, for the = purpose of=20 conducting any inquiry or investigation under this Act, utilize the = services of=20 any officer or investigating agency of the State Government, or for = reasons to=20 be recorded in writing, of any other person or = agency.

&nbs= p; =20 (2) =20 Any officer, agency or persons whose services have been sought = under=20 sub-section (1) may-

&nbs= p; = ; =20 (a) =20 summon and enforce the attendance of any person and examine=20 him;

&nbs= p; = ; =20 (b) =20 require the production of any document; and

&nbs= p; = ; =20 (c) =20 requisition any public record or copy thereof from any=20 office.

&nbs= p; =20 (3) =20 The officer, agency or person whose services have been sought = under=20 sub-section (1) shall enquire into the matter and submit a report to the = Lokayukta within such period as may be specified by him in this=20 behalf.

Secrecy of=20 information

21. =20 (1) =20 Any information, obtained by the Lokayukta or members of his = staff in the=20 course of, or for the purposes of, any inquiry or investigation under = this Act=20 and any evidence recorded or collected in connection with such = information,=20 shall be treated as = confidential=20 and, notwithstanding anything contained in the Evidence Act, 1872, no = court=20 shall be entitled to compel the Lokayukta or any public servant to give = evidence=20 relating to such information or produce the evidence so recorded or=20 collected.

&nbs= p; =20 (2) =20 Nothing in sub-section (1) shall apply to the disclosure of any=20 information or particulars-

(a) =20 for purposes of the inquiry or any report to be made thereon or = for any=20 action or proceedings to be taken on such report; = or

(b) =20 for purposes of any proceedings for an offence under the Official = Secrets=20 Act, 1923, or an offence of giving or fabricating false evidence under = the=20 Indian Penal Code, 1860, or under sub-sections (1) and (3) of section 12 = of this=20 Act; or

(c ) =20 for such other purposes as may be = prescribed.

Protection of action taken in = good=20 faith

22. =20 No suit, prosecution or other legal proceedings shall lie against = the=20 Lokayukta or against any officer or employee, agency or person acting on = his=20 behalf in respect of anything which is in good faith done or intended to = be done=20 under this Act.

Powers to call for matters = pending=20 before State Government

23. =20 (1) =20 Where the Lokayukta decides to inquire into a complaint against a = public=20 servant, he may ascertain from the State Government whether any = complaint=20 containing substantially similar allegations against the said public = servant is=20 under investigation, and if so, he may call for the record=20 thereof.

&nbs= p; =20 (2) =20 If the Lokayukta, on examination of the record referred to in = sub-section=20 (1), decides to inquire into the matter himself, he shall inform the = State=20 Government accordingly and the complaint, wholly or partly, as the case = may be,=20 shall stand transferred to him for inquiry under the provisions of this=20 Act.

&nbs= p; =20 (3) =20 Whenever the Lokayukta decides not to inquire into the matter = himself he=20 shall return the complaint to the State Government. =

Other remedies not=20 barred

24. The institution of any inquiry or = proceedings=20 under this Act shall be no bar to a person seeking a remedy available = under any=20 other law, for the time being in force.

Repeal ,saving and overriding=20 effect &nbs= p; =20

25. =20 (1) =20 The Haryana Lokayukta act, 1997 (Haryana Act No. 21 of 1998) and = the=20 Haryana Lokayukta (Repeal) Ordinance, 1999 (Haryana Ordinance No. 4 of = 1999),=20 are hereby repealed.

&nbs= p; =20 (2) =20 Notwithstanding anything contained in any contract, law or rules = made=20 thereunder, the Lokayukta shall not be entitled to any compensation for = the=20 unexpired period of his tenure.

&nbs= p; =20 (3) =20 All matters pending before the Lokayukta before the repeal of the = Haryana=20 Act No. 21 of 1998 shall be inquired into by the Lokayukta under this=20 Act.

Power to make=20 rules

26. =20 (1) =20 the State Government may, by notification, in the Official = Gazette, make=20 rules for carrying out the purposes of this Act.

&nbs= p; =20 (2) =20 Every rule made under this Act shall be laid, as soon as may be, = after it=20 is made, before the State Legislature while it is in session for a total = period=20 of ten days which may be comprised in one session or in two or more = successive=20 sessions and if, before the expiry of the session in which it is so laid = or the=20 successive sessions and if, before the expiry of the session in which it = is so=20 laid or the successive sessions aforesaid, the State Legislature agrees = in=20 making any modification in the rule or the State Legislature agrees that = the=20 rule should not be made, the rule shall =20 thereafter have effect only in such modified form or be of no=20 effect, as the case may, = be,=20 however, that any such modification or annulment shall be without = prejudice to=20 the validity of anything previously done under that = rule.

SCHEDULE

[See section 3(3)]

I,_____________________________, having = been=20 appointed as Lokayukta of Haryana, =20 do swear in the name of God/solemnly affirm that I will bear true faith and = allegiance to=20 the Constitution of India as by law established and I will, duly and = faithfully=20 and to the best of my ability, knowledge and judgement, perform the = duties of my=20 office without fear or favour, affection, bias or ill-will.

R.S.MADAN,

Secretary = to=20 Government Haryana,

Legislative=20 Department.