Investigation 1998
Conditions of Service 1998
Conditions of Service 1998

Delhi Lokayukta and Upalokayukta

(Conditions of Service) Rules, 1998.

Dated the 30 th July, 1998  
Notification

No.F.9/3/97-AR/- In exercise of the powers conferred by Section 20 of the Delhi Lokayukta and Upalokayukta Act, 1995 (Delhi Act No.1 of 1996), the Lieutenant Governor of the National Capital Territory of Delhi, after previous publication and taking into consideration the objections and suggestions that have been received in respect thereto hereby makes the following rules, namely: -

Rules  
  1. Short title and Commencement.-
    1. These rules may be called the Delhi Lokayukta and Upalokayukta (Conditions of Service) Rules, 1998.
    2. They shall come into force on the date of their publication in the official Gazette.

  2. Definitions.- In these rules, unless the context otherwise requires,-
    1. “Act” means the Delhi Lokayukta and Upalokayukta Act, 1995 (Delhi Act No.1 of 1996)
    2. “Lokayukta” and “Upalokayukta” means the persons who are appointed as such respectively under section 3 of the Act.

  3. Retirement under certain circumstances before assumption of office of Lokayukta and Upalokayukta.- A person holding any office or post before appointment as Lokayukta or Upalokayukta shall, before entering upon the office of the Lokayukta or Upalokayukta as the case may be, seek retirement from his office or post.

  4. Headquarters of Lokayukta and Upalokayukta .- The Headquarters of the Lokayukta and Upalokayukta shall be at Delhi .

  5. Hours of work and holidays. - The hours of work for the Lokayukta and Upalokayukta and their office shall be such as may be declared by the Lokayukta from time to time but save as otherwise declared, the Lokayukta and Upalokayukta may enjoy vacations as per the High Court Rules and its Registry, Secretariat, Investigating staff and other officials shall observe such public holidays and local holidays as are observed by the Government.

  6. Leave. -
    1. The Lokayukta and the Upalokayukta shall be entitled to earned leave as per provisions of the Act and rules governing the service conditions of High Court Judges or Delhi Higher Judicial Service Rules as the case may be as amended from time to time.

      Provided that the Lokayukta or Upalokayukta, who, at the time of his appointment was in service, the leave standing to his credit on the date of his appointment shall be carried forward and he may avail such leave during his tenure as Lokayukta or Upalokayukta as the case may be.

    2. The maximum earned leave that may be granted any one time shall be 120 days.

    3. In the matter of all other types of leave the Lokayukta and the Upalokayukta shall be governed by rules governing the service conditions of High Court Judges or the Delhi Higher Judicial Service Rules as the case may be.

    4. Subject to sub-rules (5) and (6), the leave at the credit of Lokayukta or Upalokayukta shall lapse on the date on which he vacates office.

    5. If in public interest or due to exigencies of public service, the Lokayukta or Upalokayukta is refused leave preparatory to retirement, he shall for the hardship caused by such refusal, be granted compensation for leave so refused up to maximum of 120 days of leave refused and such compensation determined in manner laid down in sub-rule (6) shall be paid to the Lokayukta or Upalokayukta, as the case may be, in as possible, equal monthly installments not exceeding four.

    6.  
      1. The compensation referred to in sub-rule (5) shall be computed in the first place calculating separately.-
        1. amount of leave salary that the Lokayukta or Upalokayukta would have drawn, if the leave had not been refused; and
        2. the pension (inclusive of the pension equivalent of gratuity) to which the Lokayukta or Upalokayukta as the case may be, is entitled from the date of vacation of office for a period equivalent to the period of leave refused.

      2. The total amount of pension referred to in item (ii) of clause (a) shall next be deducted from the total amount of leave salary referred to in Para (i) of clause (a) and the balance shall be the amount of compensation payable under sub-rule (5) to the Lokayukta or the Upalokayukta, as the case may be.

  7. Authority competent to grant leave.- The authority competent to grant or to refuse leave to the Lokayukta or the Upalokayukta or to revoke or curtail leave granted to them shall be the Lieutenant Governor.
  8. Pension payable.- The Lokayukta and the Upalokayukta shall be paid pension at the rates applicable to the post previously held by them, prior to their appointment as Lokayukta or Upalokayukta. They shall be given the benefit of service in respect of each completed year of service as Lokayukta and Upalokayukta towards calculation of their pension subject to the condition that the total length of service so calculated does not exceed the maximum permissible length of service, countable for pension purposes, under rules applicable to the service to which they belonged prior to appointment as Lokayukta or Upalokayukta as the case may be.

    Provided that the pension shall be re-fixed on the basis of salary last drawn as Lokayukta or Upalokayukta, as the case may be, subject to the condition that the maximum admissible pension shall not be more than the prescribed limit under the rules applicable to the service to which they belonged prior to appointment as Lokayukta and Upalokayukta as the case may be.

    Provided further that the Lokayukta or the Upalokayukta shall not receive any pension, if he has been removed from that office.

  9. Commutation of pension.- The rules for the time being applicable in regard to the commutation of pension shall apply mutatis-mutandis to the Lokayukta and the Upalokayukta, as are applicable to the posts held by them prior to appointment as Lokayukta or Upalokayukta.

  10. Authority competent to grant pension. - the authority competent to grant pensions to the Lokayukta and the Upalokayukta shall be the Lieutenant Governor of the National Capital Territory of Delhi.
  11. Traveling Allowance. – The Lokayukta and Upalokayukta shall receive such reasonable allowances to reimburse them for expenses incurred in traveling on duty within the territory of India or abroad and shall be afforded such reasonable facilities in connection with traveling as are admissible under the Act and the rules governing the service condition of High Court Judges or the Delhi Higher Judicial Service, as the case may be;

      Provided that a person appointed as Lokayukta or Upalokayukta shall be entitled to receive as traveling allowance, the actual expenditure incurred on the journey for self and his family from the place of his ordinary residence to Delhi on his first joining his appointment as well as for the journey back to his home town on retirement by air, rail or motor vehicle as are admissible to the posts previously held by them, before their appointment as Lokayukta or as Upalokayukta. He shall also be entitle to actual expenditure incurred for the transportation of luggage by rail or road.

    Provided further that in the event of the death of the Lokayukta or the Upalokayukta, 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 luggage from the Headquarters to the home town of the Lokayukta or the Upalokayukta, as the case may be, on the fulfillment of the condition that the journey is performed within six months of the date of death of the Lokayukta or the Upalokayukta, as the case may be.

  12. Facilities for Medical Treatment. – The Lokayukta and the Upalokayukta and the members of their families shall be entitled to such facilities for medical treatment and for accommodation in Government Hospital as are admissible under the Act and the rules governing the service conditions of High Court Judges, or Delhi Higher Judicial Service Rules, as the case may be.  

  13. Facilities of rent free and furnished accommodation. -
    1. The Lokayukta and the Upalokayukta shall be entitled without payment of rent to the use of free furnished official residence.
    2. Where the Lokayukta or the Upalokayukta does not avail himself of the use of an official residence, he shall be paid every month an allowance of ten thousand rupees or ratable value of his own house or the rent paid by them, which ever is the least, in lieu thereof. <
    3. Where the Lokayukta or the Upalokayukta avails the use of an official residence, the expenditure on water and electricity shall be borne by the Government, as applicable under the Act and rules governing the service conditions of High Court Judges or the Delhi Higher Judicial Service Rules as the case may be.

  14. Conveyance facility.- The Lokayukta and the Upalokayukta shall be entitled to the use of Government car for the use or in lieu of this, a conveyance allowance of one thousand and five hundred rupees per month subject to the maintenance of motor car by him.Provided that the Lokayukta and the Upalokayukta shall each be entitled to use Government car for personal purpose within the limit of two hundred liters of petrol, per month at the Government expenses.

  15. Provident fund. – The Lokayukta and the Upalokayukta shall be entitled to subscribe to the General Provident Fund in accordance with the rules regulating the Provident Fund to which they are subscribing before their appointment as Lokayukta or Upalokayukta, as the case may be.

  16. Miscellaneous. – In respect of any other matter for which special provision is not made by these rules, the condition of service shall be governed by the Act and the rules governing the service condition of High Court Judges or the Delhi Higher Judicial Service Rules, as the case may be.

  17. Removal of difficulty. - If any question arises about the interpretation of the provisions of these rules the matter shall be referred to the Lieutenant Governor, whose decision there on shall be final.
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