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State of Uttar Pradesh - Section

Section 24 in The U.P. Lokayukta And Up-Lokayuktas Act, 1975

24. Repeal. U.P. Ordinance No. 13 of 1975. -

The Uttar Pradesh Lokayukta and Up-Lokayuktas Ordinance, 1975 is hereby repealed.The First Schedule[See Section 3(2)]I,.....having been appointed Lokayukta/Up-Lokayukta do swear in the name of God/solemnly affirm that I will bear faith and allegiance to the Constitution of India, as by law established, and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will.[The Second Schedule] [Substituted by U.P. Act No. 8 of 1988 (w.e.f. 1.4.1986).][See Section 5(4)]There shall be paid to the Lokayukta and the Up-Lokayukta in respect of time spent on actual service, salary at the following rates per mensem, that is to say :Lokayukta. - In case he has been a Judge of the Supreme Court or [Chief Justice of a High Court] [The words 'or a Judge of High Court' omitted by U.P. Act No. 29 of 2006.] the salary respectively admissible from time to time to a Judge of the Supreme Court or Chief Justice of a High Court or Judge of a High Court.Up-Lokayukta. - In case he has been a Judge of High Court, the salary admissible from time to time to a Judge of a High Court and in any other case, the salary admissible from time to time to an Additional Secretary of the Government of India :Provided that if the Lokayukta or an Up-Lokayukta at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Government, his salary in respect of service as the Lokayukta or, as the case may be Up-Lokayukta 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 the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, [* * *] [The word 'and' deleted by U.P. Act No. 10 of 1989.](c)[* * *] [Clause 'C' omitted by U.P. Act No. 10 of 1989. Prior to omission, it stood as under : (c) if he has before such appointment, received a retirement gratuity in respect of such previous service by the pension equivalent of that gratuity.]The Third Schedule[See Section 8(1)(b)(i)](a)Action taken for the purpose of investigating crime or protecting the security of the State.(b)Action taken in the exercise of powers in relation to determining whether a matter shall go to, or shall continue to be prosecuted in a Court or not.(c)Action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration of the Government or of the local authority or other corporation, company or society, as the case may be, with customers or suppliers except where the complainant alleges harassment or gross delay in meeting contractual obligations.(d)Action taken in respect of appointments [other than an appointment referred to in clause (ii) of clause (d) of Section 2] [Added by U.P. Act No. 10 of 1989.] removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims, for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.(e)Grant of honours and awards.NotificationsNotification No. 1020/XXXIX(4) - 39(13-4)-78, dated March 3, 1978, published in the U.P. Gazette, Extra., dated 3rd March, 1978. - In exercise of the powers under clause (3) of sub-section (1) of Section 7 of the Uttar Pradesh Lok Ayukta and Up-Lokayuktas Act, 1975, the Governor is pleased, in consultation with Lokayukta, U.P., to notify the following classes of public servants for the purpose of said clause (3) :
(1)Chairman and other members of the Board of Revenue,
(2)Commissioners of Divisions,
(3)District Magistrates,
(4)State-level Heads of Department and Additional Heads of Department, who are not covered by items (1) to (3),
(5)Chairman (including every office-bearer of that description by whatever name called) and Managing Directors of all such Corporations, Government Companies, and Societies as may be notified by the State Government from time to time under items (b), (c) and (d) of sub-clause (j) of Section 2 of the Act.
(6)Administrators of Nagar Mahapalikas, Municipal Boards and Zila Parishads.Notification No. 1495/XXXIX(4) - 39(13)-77, dated March 9, 1978, published in the U.P. Gazette, Extra., dated 9th March, 1978. - In exercise of the powers under item (a) of sub-clause (v) of clause (j) Section 2 of the Uttar Pradesh Lok Ayukta and Up-Lokayuktas Act, 1975, the Governor is pleased to notify all -
(1)Nagar Mahapalikas, (2) Nagarpalikas, (3) Zila Parishads, (4) Kshettra Samitis, (5) Town Area Committees, (6) Notified Area Committees, (7) Development Authorities, and (8) Industrial Development Authorities in Uttar Pradesh, for the purposes of the said item (a).Notification No. 158/XXXIX(4)/81 - 12(2)-78, dated March 22, 1981, published in the U.P. Gazette, Extra., dated 22nd May, 1981. - In exercise of the powers under paragraph (c) of sub-clause (v) of clause (j) Section 2 of the Uttar Pradesh Lok Ayukta and Up-Lokayuktas Act, 1975, the Governor is pleased to notify the following Government Companies and their Subsidiary Companies for the purposes of the said provision -Government Companies :