The Assam Lokayukta
The Assam Lokayukta and Upa-Lokayuktas Act, 1985 (Assam Act XX of 1986) rece
The Assam Lokayukta and Upa-Lokayuktas Act, 1985 (Assam Act XX of 1986) received the assent of the President of India on 12th December, 1986. The Act was further amended in 1987 (Assam Act XIV of 1987) and 1989 (Assam Act XI of 1999). A Rule known as “The Assam Lokayukta and Upa-Lokayuktas Rules, 1988″ were framed and published vide notification dated 20th January, 1989. Hon’ble Mr. Justice T.C. Das assumed the charge as the first Lokayukta, Assam on the 1st day of February, 1989.
This institution derives its origin from the Swedish word Ombudsman which means a person who acts as spokesman or representative of another person or persons. The organization of Ombudsman came into its existence in Sweden in the year 1713. The Ombudsman was appointed by the King of Sweden known as Chancellor of Justice who investigated complaints only against the Royal Officials. With the establishment of Democratic Constitution in the Year 1809, the Parliament appointed its own Ombudsman known as Justice Ombudsman to investigate complaints from citizens. With the passage of time, the Jurisdiction was enlarged to cover all agencies of the Government both – central and local. This organization of social Justice had become so popular in Sweden that it soon found it’s roots in the political and social life of the country.
The Lokayukta or an Upa-Lokayukta, is not eligible to conduct an investigation, except on a complaint made under and in accordance with Sec. 9 of the Act or in the case of a complaint involving grievance in respect of any action relating to any matter listed in the Second Schedule of the Act, if the complainant has any remedy by way of proceeding before a Tribunal or Court of Law, any matter in respect of which a formal and public inquiry has been ordered under Public Servant (Inquiry) Act, 1850 and Central Act 37 of 1850 and any matter which has been referred for inquiry under Commission of Inquiry Act, 1952 (Central Act 60 of 1952).