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State of Maharashtra - Section

Section 22 in Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971

22. Saving.

- The provisions of this Act shall be in addition to the provisions of any other enactment or any rule of law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action, and nothing in this Act shall limit or affect the right of such person to avail of such remedy.First Schedule[See section 3(2)]I, .............................. having been appointed Lokayukta/Upa-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 illwill.Second Schedule[See section 5(4)]There shall be paid to the Lokayukta and the Upa-Lokayukta in respect of time spent on actual service, salary at the following rates per mensem, that is to say:
Lokayukta [30,000 rupees] [These figures and word was substituted for the figures and word '9000 rupees' by Maharashtra 16 of 1999, section 2(a), (w.e.f. 1.1.1996).]
Upa-Lokayukta [26,000 rupees] [These figures and word was substituted for the figures and word '8000 rupees' by Maharashtra 16 of 1999, section 2(b), (w.e.f. 1.1.1996).]
Provided that, if the Lokayukta or an Upa-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 Government or under the Government of a State or any of its predecessor Governments, his salary in respect of service as the Lokayukta or, as the case may be, Upa-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, and
(c)if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.
Third Schedule[See section 8(1)(a)]
(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 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 with customers or suppliers, except where the complainant alleges harassment or gross delay in meeting contractual obligations.
(d)Action taken in respect of appointments, 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.
NotificationsG.N., G.A.D., No. LPL. 1072-D-I, dated 2nd October, 1972 (M.G., Part IV-B, pages 1736) - In exercise of the powers conferred by sub-section. (3) of section 1 of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Maharashtra XLVI of 1971), the Government of Maharashtra hereby appoints the 2nd day of October 1972 as the date on which the said Act, shall come into force.G.N., G.A.D., No. LPL.1082/3264/71-XI, dated 4th June, 1983 (M.G., Part IV-B, pages 602) - In exercise of the powers conferred by paragraph (a) of sub-clause (iv) of clause (k) of section 2 of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Maharashtra XLVI of 1971), the Government of Maharashtra hereby notifies the local authorities specified in the Schedule hereto appended for the purposes of the said paragraph (a); and accordingly every person in the service or pay of each of the said local authorities shall be a public servant for the purposes of the said Act.