UTTAR PRADESH LOKAYUKTA AND UP-LOKAYUKTAS ACT, 1975
(1) This Act may be called the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975.
(2) It extends to the whole of the State of Uttar Pradesh and applies also to the public servants posted outside Uttar Pradesh in connection with the affairs of that State.
(3) It shall come into force on such date as the State Government may, by notification in the Gazette appoint.
In this Act, unless the context otherwise requires,-
(a) "action", means action taken by way of decision, recommendation or finding or in any other manner, and includes, failure to act and all other expressions connoting action shall be construed accordingly;
(b) "allegation", in relation to a public servant, means any affirmation that such public servant-
(i) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person.
(ii) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motive, or
(iii) is guilty of corruption, or lack of integrity in his capacity a
(1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and one or more persons to be known as the Up-Lokayukta or Up-Lokayuktas: Provided that-
(a) the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court of Judicature at Allahabad and the Leader of the Opposition in the Legislative Assembly and if there be no such Leader a person elected in this behalf by the members of the opposition in that House in such manner as the Speaker may direct;
(b) the Up-Lokayukta or Up-Lokayuktas shall be appointed after consultation with the Lokayukta: Provided further that where the Speaker of the Legislative Assembly is satisfied that circumstances exist on account of which it
The Lokayukta shall be a person who is or has been a Judge of the Supreme Court or a High Court and the Lokayukta or an Up-Lokayukta shall be a person who is not and has never been a member of Parliament or a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as the Lokayukta or as the case may be an Up-Lokayukta) or be connected with any political party or carry on any business or practice any profession and accordingly before he enters upon his office, a person appointed at the Lokayukta or, as the case may be an Up-Lokayukta shall-
(a) if he is a sitting Judge or holds any other office of trust or profit, resign from such office ; or
(b) if he is connected with any political party, sever his connection with it; or
(c) if he is carr
(1) Every person appointed as the Lokayukta or Up-Lokayukta shall hold office for a term of six* years from the date of which he enters upon his office : Provided that : -
(a) the Lokayukta or an Up-Lokayukta may, by writing under his hand addressed to the Governor, resign his office ;
(b) the Lokayukta or an Up-Lokayukta may be removed from office in the manner specified in section 6.
(2) If the office of the Lokayukta or an Up-Lokayukta becomes vacant or if the Lokayukta or an Up-Lokayukta is by reason of absence or for any other reason whatsoever, unable to perform the duties of his office those duties shall until some other person appointed under section 3 enters upon such office or as the case may be until the Lokayukta or such Up-Lokayukta resumes his duties be performed -
(1) Subject to the provisions of Article 311 of the Constitution the Lokayukta or an Up-Lokayukta may be removed from his office by the Governor on the ground of misbehaviour or incapacity and on no other ground :
Provided that the inquiry required to be held under clause (2) of the said Article before such removal-
(i) in respect of Lokayukta shall only be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or a Chief Justice of High Court; and
(ii) in respect of an Up-Lokayukta shall be held by a person appointed by the Governor being a person who is or has been Judge of the Supreme Court or who is or has been a Judge of a High Court.
(2) The person appointed under the proviso to sub-section (1
(1) Subject to the provisions of this Act and on a complaint involving a grievance or an allegation being made in that behalf the Lokayukta may investigate any action which is taken by or with the general or specific approval of -
(i) a Minister or a Secretary ; and
(ii) any public servant referred to in sub-clause (ii) or sub-clause (iv) of clause (j) of section 2; or
(iii) being a public servant of a class or sub-class of public servants notified by the State Government in consultation with the Lokayukta in this behalf.
(2) Subject to the provisions of this Act and on a complaint involving a grievance or an allegation being made in that behalf, an Up-Lokayukta may investigate any action which is taken by or with the general or specific approval of
(1) Except as hereinafter provided, the Lokayukta or an Up-Lokayukta shall not conduct any investigation under this Act-
(a) except on a complaint made under in accordance with section 9 ; or
(B) in the case of a complaint involving a grievance in respect of any action,-
(i) if such action relates to any matter specified in the Third Schedule ; or
(ii) if the complainant has or had any remedy by way of proceeding before any Tribunal or Court of law :
Provided that nothing is sub-clause (ii) shall prevent the Lokayukta or an Up-Lokayukta from conducting an investigation if he is satisfied that such person could not or cannot, for sufficient cause, have recourse to a remedy referred to in that sub-clause.
(1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta or an Up-Lokayukta-
(a) in the case of a grievance, by the person aggrieved ;
(b) in the case of an allegation, by any person other than a public servant :
Provided that where the person aggrieved is dead or is for any reason unable to act for himself, the complaint may be made by any person who in law represents his estate or, as the case may be, by any person who is authorized by him in this behalf.
*"Provided further that in the case of grievance involving a complaint referred to in sub-clause (ii) of clause (d) of section 2, the complaint may be made also by an organization recognized in that behalf by the State Government."
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(1) Where the Lokayukta or an Up-Lokayukta proposes (after making such preliminary inquiry, if any, as he deems fit) to conduct any investigation under this Act, he-
(a) shall forward a copy of the complaint to the public servant concerned and the competent authority concerned ;
(b) shall afford to the public servant concerned an opportunity to offer his comments on such complaints ; and
(c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit.
(2) Every such investigation shall be conducted in private, and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before, during or after the invest
(1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry), if any, before such investigation under this Act, the Lokayukta or an Up-Lokayukta may require any public servant or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such documents.
(2) For the purpose of any such investigation (including the preliminary enquiry) the Lokayukta or an Up-Lokayukta shall have all the powers of a civil court while trying a suit under the code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matter, namely-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring
(1) If, after investigation of any action in respect of which a complaint involving a grievance has been made, the Lokayukta or an Up-Lokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or any other person, the Lokayukta or Up-Lokayukta shall be a report in writing, recommend to the public servant and the competent authority concerned that such injustice or undue hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
(2) The competent authority to whom a report is sent under sub-section (1), shall within one month of the expiry of the term specified in the report, intimate or cause to be intimated to the Lokayukta, or as the case may be, the Up-Lokayukta, the action taken for compliance with the report.
(3) If, after investigation o
(1) Notwithstanding anything contained in any other provision of this Act every person who willfully or maliciously makes any false complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
(2) No court, except a court of session, in the case of a complaint investigated by the Lokayukta or a Court of Magistrate, First Class in the case of a complaint investigated by an Up-Lokayukta shall take cognizance of the offence under sub-section (1).
(3) No such court shall take cognizance of such offence as aforesaid except on a complaint in writing made by the Public Prosecutor at the direction of the Lokayukta or Up-Lokayukta, as the case may be, and the Court of Session may take cognizance of the offence on such complaint without the case being comm
(1) The Lokayukta may appoint or authorize an Up-Lokayukta or any officer subordinate to the Lokayukta or an Up-Lokayukta to appoint, officer and other employees to assist the Lokayukta and Up-Lokayuktas in the discharge of their functions under this Act :
Provided that nothing in this sub-section shall be construed to prevent any person who holds a post under the Central or the State Government from being appointed on deputation with the consent of that Government.
(2) The number and categories of offices and employees who may be appointed under sub-section (1), their salaries allowances and other conditions of service and the administrative powers of the Lokayukta and Up-Lokayuktas shall be such as may be determined by general or special order of the State Government made after consultation with the Lokayukta.
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(1) Any information obtained by the Lokayukta or the Up-Lokayukta or members of their staff in the course of or for the purposes of any investigation under this Act and any evidence recorded or collected in connection with such information shall subject to the provisions of the proviso to sub-section (2) of section 10, be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act I of 1872), no Court shall be entitled to compel the Lokayukta or an Up-Lokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars-
(a) for purposes of the investigation or in any report to made thereon or for any action or proceedings to be taken on s
(1) Whoever intentionally offers any insult, or causes any interruption to the Lokayukta or an Up-Lokayukta while the Lokayukta or the Up-Lokayukta is conducting any investigation under this Act, shall on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
(2) Whoever, by words spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Lokayukta or Up-Lokayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine or with both.
(3) The provisions of sub-sections (2) to (6) of section 199 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply in relation to an offence under sub-section (1) or sub-section (2) as the
(1) No suit, prosecution or other legal proceeding shall lie against the Lokayukta or the Up-Lokayukta or against any officer, employee, agency or person referred to in section 14 in respect of anything which in good faith done or intended to be done under this Act.
(2) No proceeding of the Lokayukta or the Up-Lokayukta shall be held bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokayukta or the Up-Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court.
(1) The State Government may, by notification published in the Gazette and after consultation with the Lokayukta, confer on the Lokayukta or an Up-Lokayukta as the case may be, such additional functions in relation to the eradication of corruption as may be specified in the notification.
(2) The State Government may, by order in writing and after consultation with the Lokayukta, confer on the Lokayukta or an Up-Lokayukta such powers of a supervisory nature over agencies, authorities or officers set-up, constituted or appointed by the State Government for the eradication of corruption.
(3) The State Government may, by order in writing and subject to such conditions and limitations as may be specified in the order, require the Lokayukta to investigate any action being an action in respect of which a complaint may be made under this Act, to
(1) The State Government may in consultation with the Lokayukta and on being satisfied that it is necessary or expedient in the public interest so to do, exclude, by notification in the Gazette, complaints involving a grievance or an allegation against persons belonging to any class of public servants specified in the notification, from the jurisdiction of the Lokayukta or, as the case may be Up-Lokayukta :
Provided that no such notification shall be issued in respect of public servants holding posts carrying a minimum monthly salary (excluding allowances) of one thousand rupees or more.
(2) Every notification issued under sub-section (1) shall be laid as soon as may be after if it is issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in more
The Lokayukta or an Up-Lokayukta may, by a general or special or special order in writing direct that any however conferred or duties imposed on him by or under this Act (except the powers to make reports to the Governor under section 12) may also be exercised or discharged by as such of the officers, employees or agents referred to in section 14, as may be specified in the order.
It is hereby declared that the salary, allowances and pension payable to or in Expenditure to be respect of the Lokayukta or the Up-Lokayuktas, the charged on expenditure relating to their staff and office and other consolidated expenditure in respect of the implementation of this Act fund. shall be expenditure charged on the Consolidated Fund of the State of Uttar Pradesh.
(1) The State Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for-
(a) the authorities for the purpose required to be prescribed under sub-clause (ii) of clause (c) of section 2 ;
(b) the allowances and pension if any, payable to and other conditions of service to the Lokayukta and Up-Lokayukta ;
(c) the form, if any, in which complaints may be made and the fees, if any, which may be charged and the security, if any, for costs of the person against whom an allegation is made which may be required to be furnished in respect thereof ; ,
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For the removal of doubts it is hereby declared that nothing in this Act shall be construed to authorize the Lokayukta or an Up-Lokayukta to investigate any allegation or grievance* against-(a) the Chief Justice or any Judge of the High Court or a member of a judicial service as defined in clause (b) of Article 236 of the Constitution ;
(b) any officer or servant of any court ;
(c) the Accountant General, Uttar Pradesh ;
(d) the Chairman or a member of the Uttar Pradesh Public Service Commission or any member of its staff ;
(e) * the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in Article 324 of the Constitution and the Chief Electoral Officer, Uttar Pradesh ;
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The provisions of this Act shall be in addition to the provisions of any other enactment or any rule of law under which remedy in any other manner is available to a person making a complaint under this Act, and nothing in this Act shall limit or effect the right of such person to avail of such remedy.
The Uttar Pradesh Lokayukta and Up-Lokayukta Ordinance 1975 (U.P. Ordinance no. 23 of 1975) is hereby repealed.
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