The Rajasthan Lokayukta and Up-Lokayuktas (Conditions of Service) Rules, 1974

Published vide Notification No. G.S.R.238/F.6(5) Karmik/A-3/74, dated 28-3-1974, Published in Rajpatra (Extraordinary), part 4(ga)(1), dated 28.3.1974

RJ596

LEGISLATIVE HISTORY 6

As amended subsequently by the following notifications:-

· G.S.R. 147, dated 23-2-1980, Published in Rajpatra (Extraordinary), part IV(ga), dated 23.2.1980, page 420-21, w.e.f. 1-10-1979

· G.S.R. 16, dated 2-5-1980, Published in Rajpatra part IV(ga), dated 15-5-1980, page 50

· G.S.R.24, dated 2-8-1982, Published in Rajpatra (Extraordinary), part IV(ga), dated 3-8-1982, page 104

· G.S.R 32, dated 1-6-1999, Published in Rajasthan Government Gazette part IV(ga), Extraordinary, dated 2-6-1999, page 45(2)

Short title and commencement.- (1) These rules may be called the Rajasthan Lokayukta and Up-Lokayukta (Conditions of Service) Rules. 1974.

(2) These rules shall be deemed to have come into force with effect from 5th June, 1973.

Definition.- In these rules "the Act" means the Rajasthan Lokayukta and Up-Lokayukta Act, 1973.
Hours of work and holdings.- The hours of work and holidays for the Lokayukta and Up-Lokayukta and their office shall be as may be prescribed by the Lokayukta from time to time. Unless otherwise determined by the Lokayukta, the Lokayukta and Up- Lokayukta and their office shall observe the same public holidays as are observed by the High Court of Rajasthan and such local holidays as are declared by the local authorities.
Leave.- The provisions of chapter II of the High Court Judges (Conditions of Service) Act, 1954 as amended from time to time shall apply to the Lokayukta and Up-Lokayuktas and the expression "Judge" in that Chapter shall mean the Lokayukta and Up-Lokayuktas, as the case may be.

OLD LAW 6

Substituted by G.S.R 32, dated 1-6-1999, Published in Rajasthan Government Gazette part IV(ga), Extraordinary, dated 2-6-1999, page 45(2).

Before substitution the Rule 4 was as under.-

"4. Leave. - (i) The Lokayukta and the Up-Lokayukta shall be entitled to privilege lease equivalent to 1/11th of the period spent on actual service:

Provided that they shall cease to earn such leave when the privilege leave due amounts to 180 days.

(ii) The maximum privilege leave that be granted at any one time shall be 120 days.

(iii) Lokayukta and Up-Lokayukta shall be entitled to a vacation of 15 days in a year in the summer.

(iv) In the matter of casual leave, leave on half allowance, extraordinary leave and special disability leave the Lokayukta and the Up-Lokayukta shall be governed by the rules and practices applicable respectively to the Chief Justice and the other Judges of the High Court:

Provided that the Lokayukta or the Up-Lokayukta, who at the time of his appointment as Lokayukta or Up-Lokayukta, was in service of the Central or a State Government the leave standing to his credit on the date of his appointment as Lokayukta or Up- Lokayukta shall be carried forward and he can avail of such leave during his tenure as Lokayukta or Up-Lokayukta."

Authority competent to grant leave, vacation etc.- The authority competent to grant or to refuse leave or vacation to the Lokayukta or the Up-Lokayukta or to revoke or curtail leave granted to them shall be the Governor of Rajasthan.

[6. Pension payable. - The Lokayukta and Up-Lokayukta in respect of each completed year of service as Lokayukta and the Up-Lokayukta respectively shall be paid pension at the rates applicable from time to time in the case of Chief Justice and Judges of the High Court].

Authority competent to grant pension.- The authority competent to grant pension to the Lokayukta and the Up-Lokayukta Shall Be the Governor of Rajasthan.
Commutation of pension.- The rules for the time being applicable to the Chief Justice or the Judges of the High Court in regard to commutation of pension shall apply mutatis mutandis to the Lokayukta and Up-Lokayukta.
Provident fund.- The Lokayukta and the Up-Lokayukta shall be entitled to subscribe to the General Provident Fund according to the General Provident Fund (Rajasthan Service) Rules, 1955 as amended from time to time and orders issued thereunder.
Travelling allowances.- The Lokayukta and the Up-Lokayukta shall receive such reasonable allowances to reimburse them for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as are for the time being admissible respectively to the Chief Justice and the other Judges of the High Court:

Provided that a person appointed as Lokayukta or Up-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 Jaipur on first joining his appointment and for the journey back to his home town on retirement, by Air, Rail or Motor Vehicle. Further he shall be entitled to actual expenditure incurred for the transportation of luggage by Road or Rail:

Provided further that i the event of the death of the Lokayukta or the Up-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 transportation of their baggage from the headquarters to the home town of the Lokayukta or the Up-Lokayukta as the case may be and that the journey is performed within six months of the death of the Lokayukta or the Up- Lokayukta.

Explanation.-Period of leave preparatory to retirement shall be deemed to be period of service.

Facilities for medical treatment.- The Lokayukta and the Up Lokayukta and the members of their families shall be entitled to such facilities for medical treatment and for accommodation in Government hospitals as are admissible respectively to the Chief justice and the other Judges of the High Court and the members of their families.

[12. Facility of rent free and furnished accommodation. - (1) The Lokayukta and Up-Lokayukta shall be entitled, without payment of rent, to the use of free furnished official residence in accordance with such rules as may, from time to time, be made in this behalf for the Chief Justice and Judges of the Rajasthan High Court.

(2) Where the Lokayukta or an Up-Lokayukta does not avail himself of the use of an official-residence, he may be paid every month an allowance of an amount equal to twelve and a half per cent of his salary].

[13. Other conditions of service. - If in the Act or these rules, there is no specific provision in respect of any service of the Lokayukta or Up-Lokayukta then, in that case, those very conditions of service shall be applicable which were in force at the time of making these rules and as amended from time to time governing respectively the Chief Justice and other Judges of the Rajasthan High Court].