KERALA LOK AYUKTA ACT, 1999
An Act to make provision for the appointment and functions of certain authorities for making enquiries into any action (including any omission and commission in connection with or arising out of such action) relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution of India taken by or on behalf on the Government of Kerala or certain public authorities in the State of Kerala in certain cases and for matters connected therewith or ancillary thereto.
Preamble. - Whereas it is expedient to make provision for the appointment and functions of certain authorities for making enquires into any action (including any omission and commission in connection with or arising out of such action) relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution of India, taken by or on behalf of the Government of Kerala or certain public servants in the State of Kerala in certain cases and f
(1) This Act may be called the Kerala Lok Ayuktha Act, 1999.
(2) It shall be deemed to have come in to force on the 15th day of November, 1998.
In this Act, unless the context otherwise requires,-
(a) "action" means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions relating to such 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 public servant to obtain any gain of favour to himself or to any other person or to cause under 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 motives; or
(iii) Is guilty of corruption, favouritism, nepotism or lack of integrity in his capacity as such public servant,
(c) "Chief Min
Section 2 of the Kerala Lok Ayukta Act, 1999, provides the definitions crucial for interpreting the scope, powers, and functions of the Lok Ayukta and related terms. It lays down the foundational terminology that guides the entire legislative framework of the Act, including the scope of jurisdiction, the nature of allegations, and the classification of public servants.
Section 2 is a comprehensive definition clause that includes key terms such as "action," "allegation," "corruption," "public servant," and others. It defines these terms to ensure clarity and uniformity in the application of the Act. Notably:- "Action" includes any administrative decision, recommendation, or omission.- "Allegation" relates to abuse of position, improper motives, or corruption by a public servant.- "Corruption" encompasses acts punishable under Chapter IX of the Indian Penal Code or the Prevention of Corruption Act.- "Public servant" includes members of statutory bodies, committees, or authorities constituted by the government.
In summary, Section 2 of the Kerala Lok Ayukta Act, 1999, provides a detailed framework for defining key terms, establishing the scope of jurisdiction, and setting limitations for investigations. Its broad definitions enable the Lok Ayukta to address a wide range of maladministration and corruption cases, while judicial interpretations clarify the boundaries, especially concerning the nature of allegations, the status of public servants, and the temporal limits for filing complaints.
(1) For the purpose of conducting investigations and inqumes in accordance with the provisions of this Act, the Governor shall appoint a person to be known as Lok Ayukta and two other persons to be known as Upa-Lok Ayuktas.
(2) A person to be appointed as Lok Ayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court and shall be appointed on the advice tendered by the Chief Minister, in consultation with the Speaker of the Legislative Assembly of the State and the Leader of Opposition in the Legislative Assembly of the State,
(3) A person to be appointed as an Upa-Lok Ayukta shall be a person who holds or has held the office of a Judge of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Speaker of the Legislative Assembly of the State and the Leader of Opposition in the Legislative Assembly of the Sta
(1) The Lok Ayukta or the Upa-Lok Ayukta shall not be a member of the Parliament or of the Legislature of any State and shall not hold any office of trust or profit (other than his office as Lok Ayukta or Upa-Lok Ayukta) or carry on any business or practice any profession and accordingly, before entering upon his office, a person appointed as the Lok Ayukta or an Upa-Lok Ayukta shall, if he is practising any legal profession, suspend practice of such profession.
(2) A person who has been a member of a political party at any time during the period of five years, immediately proceeding,-
(a) the commencement of this Act, in the case of first appointment, after such commencement; or
(b) the date on which the vacancy has arisen, in the case of any subsequent appointment;
shall not be eligible to be appointed as the Lok Ayukta or an Upa-Lok Ayukta.
(1) A person appointed as Lok Ayukta or Upa-Lok Ayukta shall hold office for a term of five years from the date on which he enters upon his office.
Provided that-
(a) the Lok Ayukta or an Upa-Lok Ayukta may, by writing under his band and seal addressed to the Governor, resign his office,
(b) the Lok Ayukta or an Upa-Lok Ayukta may be removed from his office in the manner provided in section 6.
(2) A person who holds office as the Lok Ayukta or an Upa-Lok Ayukta shall, on the expiration of his term of office, be ineligible for reappointment to that office.
(3) On ceasing to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or n any authority, corporation, company, society or university referred to in item (vii) of clause (o) of section 2.
(4) The sala
(1) The Lok Ayukta or an Upa-Lok Ayukta shall not be removed from his office except by an order of the Governor, passed after an address by the Legislative Assembly of the State, supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of that House present and voting, has been presented to the Governor in the same session for such removal, on the ground of proved misbehaviour or incapacity.
(2) The procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the Lok Ayukta or an Upa-Lok Ayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968 (Central Act 51 of 1968), in relation to the removal of a Judge and accordingly, the provisions of that Act shall mutatis mutandis apply in relation to the removal of the Lok Ayukta and the Upa-Lok Ayukta, as they apply maculation to the removal of a Judge.
(1) Subject to the provisions of this Act, the Lok Ayukta and one of the Upa-Lok Ayukta, as may be nominated by the Lok Ayukta for the purpose, may investigate any action which is taken by or with the general or specific approval of -
(i) the Chief Minister, or
(ii) a Minister, or
(iii) a Member of the State Legislature; or
(iv) a Secretary; or
(v) an office bearer of a political party at the State level, or
(vi) an officer referred to in sub-clause (iii) of clause (d) of section 2,
In any case where a complaint involving a grievance or an allegation is made in respect of such action and where there is difference of opinion between the Lok Ayukta and the Upa-Lok Ayukta as so nominated, the action shall be investigated by the Lok Ayukta and both the Upa-Lok Ayukta together and the decision of the majority therein sha
(1) Except as hereinafter provided the Lok Ayukta or an Upa-Lok Ayukta shall not conduct any investigation under this Act, in the case of a complaint involving a grievance in respect of any action, if such action relates to any matter specified in the Second Schedule.
(2) The Lok Ayukta or an Upa-Lok Ayukta shall not investigate, -
(a) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lok Ayukta or an Upa-Lok Ayukta, as the case may be,
(b) any action in respect of a matter which has been referred to inquiry under the Commission of Inquiry Act, 1952 (Central Act 60 of 1952),
(c) any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have taken place.
Provided that a complaint referred to in clause (c) may be enterta
(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lok Ayukta or an Upa-Lok Ayukta.
(2) Every complaint shall be made in such form and in such manner, as may be prescribed, and shall be supported by an affidavit.
(3) Where the Lok Ayukta or an Upa-Lok Ayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under this Act, he -
(a) shall forward a copy of the complaint to the public servant and the competent authority concerned;
(b) shall afford to such public servant, an opportunity to offer his comments on such complaint,
(c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit.
(4) Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held, either in pub
(1) Where in consequence of information in his possession, the Lok Ayukta or an Upa-Lok Ayukta,-
(a) has reason to believe that any person-
(i) to whom a summons or notice under this Act has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for, or relevant to, any inquiry or other proceeding to be conducted by him,
(ii) Is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents, either wholly or partly, income or property which has not been disclosed to the authorities for the purpose of any law or rule in force, which requires such disclosure to be made; or
(b) consider that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search
(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 Lok Ayukta or an Upa-Lok Ayukta 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 document.
(2) For the purpose of any such investigation (including the preliminary inquiry), the Lok Ayukta or an Upa-Lok Ayukta 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 matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath.
(b) requiring the discovery and production, of any document;
(c) receiving evidence on affid
(1) If, after investigation of any action in respect of which a complaint involving grievance has been made, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, the Lok Ayukta or an Upa-Lok Ayukta shall by a report in writing, recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed in such manner and within such time, as may be specified in the report and also intimate the complainant about its having made 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 period specified in the report, intimate or cause to be intimated, as the case may be, to the Lok Ayukta or an Upa-Lok Ayukta the action taken on the report.
(3) If, after investigation of any action in respect of which a complaint involvin
If the Lok Ayukta or an Upa-Lok Ayukta is satisfied that,-
(a) all or any of the allegations made in a complaint have or has been substantiated, either wholly or partly; and
(b) having regard to the expenses incurred by the complainant in relation to the proceedings in respect of such complaint and all other relevant circumstances of the case, the complainant deserves to be compensated, the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the amount, which shall be paid to the complainant by way of compensation and the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the person by whom, the said compensation shall be paid, after giving that person a reasonable opportunity of being heard.
(1) Where, after investigation into a complaint, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the complaint involving an allegation against the public continue to hold the post held by him, the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall make a declaration to that effect in his report under under sub-section (3) of section 12. Where the competent authority is the Governor, the Government of Kerala or the Chief Minister, he or is shall accept the declaration. In other cases, the competent authority concerned shall send a copy of such report to the Government, which shall accept the declaration.
(2) When the declaration so made is accepted the fact of such acceptances shall immediately be intimated by registered post, by the Governor, the Government or the Chief Minister, if any of them is the competent authority and the Government, in other cases and then, notwithstanding anything contained in any law, order, notification,
Notwithstanding anything contained in section 14, if after investigation into any complaint, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the public servant has committed any criminal offence and that he should be prosecuted in a court of law for such offence, them he may pass an order to that effect and initiate prosecution of the public servant concerned, if there is no necessity for prior sanction; and, if prior sanction of any authority is required, with the sanction of the appropriate authority.
Explanation. - For the purpose of this section, -
(a) 'investigation' means the collection of evidence regarding the correctness or otherwise of the allegation or grievance,
(b) 'initiation of prosecution' means the filing of a report or a complaint before a court of competent jurisdiction to take cognisance of an offence.
(1) There all be such officers and employees, as may be prescribed, to assist the Lok Ayukta and the Upa-Lok Ayuktas in the discharge of their functions under this Act.
(2) The categories of officers and employees referred to in sub-section (1) and their appointment and other conditions of service including such special conditions, as may be necessary, for enabling them to act without fear in the discharge of their functions, shall be such, as may be prescribed, in consultation with the Lok Ayukta.
(3) Without prejudice to the provisions of sub-section (1), the Lok Ayukta or an Upa-Lok Ayukta may, for the purpose of conducting investigations under this Act, utilise the services of, -
(a) any officer or investigation agency of the State Government; or
(b) any officer or investigation agency of the Central Government, with the prior concurrence of the Government; or
(1) Any information obtained by the Lok Ayukta or an Upa-Lok Ayukta or members of his staff, in the course of, or for the purpose of, any investigation under this Act and any evidence recorded or collected in connection with such information, shall be treated as confidential and no court shall be entitled to compel the Lok Ayukta or an Upa-Lok Ayukta or any public servant to give evidence relating to such information or to produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars referred to therein, -
(a) for the purpose of investigation or for any report to be made thereon or for the purpose of any action or proceedings to be taken on such report under section 12,
(b) for the purpose of any proceedings for an offence under the Official Secrets Act, 1923 (Central Act 19 of 1923), or an offence of giving of fabricating
(1) Whoever intentionally insults or causes any interruption to the Lok Ayukta or an Upa-Lok Ayukta, while the Lok Ayukta or the Upa-Lok Ayukta is conducting any investigation or inquiry under this Act shall, on conviction, be punished with simple imprisonment for a term which shall not be less than six months but which may extend to one year on with fine, or with both.
(2) Whoever, by words spoken or intended to be read, makes on publishes any statement or does any other act, which is calculated to bring the Lok Ayukta or an Upa-Lok Ayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which shall not be less than six months but which may extend to one year or with fine, or with both.
(3) The provisions 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 they apply in relatio
The Lok Ayukta and the Upa-Lok Ayuktas shall have and exercise the same jurisdiction, power and authority in respect of contempt of itself, as the High Court has and may exercise and for this purpose the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971), shall have effect subject to the modification that the reference therein made to the High Court shall be construed to be reference therein made to the Lok Ayukta and the Upa-Lok Ayuktas, as the case may be.
(1) No suit, prosecution or other legal proceedings shall he against the Lok Ayukta or an Upa-Lok Ayukta or against any officer employee agency or person referred to in section 16 in respect of anything which is, in good faith, done while acting or purporting to act in the discharge of his official duties under this Act.
(2) No proceedings of the Lok Ayukta or an Upa-Lok Ayukta shall be held to be bad for want for forum and, except on the ground of jurisdiction, no proceedings or decision of the Lok Ayukta or an Upa-Lok Ayukta shall be liable to be challenged, reviewed, quashed or called in question in any court.
(1) Notwithstanding anything contained or this Act, whoever makes any complaint with malicious intention under this Act shall, on conviction, be punished with imprisonment for a term, which shall not be less than three months but which may extend to six months and with fine, which shall not be less than two thousand rupees but which may extend to five thousand rupees.
(2) No court inferior to that of a court of the Judicial Magistrate of the First Class shall take cognizance of an offence under sub-section (1).
(3) No such court shall take cognizance of an offence under sub-section (1), except on a complaint make by a person against whom false, frivolous or vexatious complaint was made, after obtaining the previous sanction of the Lok Ayukta or an Upa-Lok Ayukta, as the case may be.
(4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the Public Prosecutor and all e
(1) Every public servant, other than a Government servant, shall within six months after the commencement of this Act, and thereafter before the 30th day of June once in two years submit to the competent authority in the prescribed form, a statement of his assets and liabilities and those of the members of his family.
(2) If no such statement is received by the competent authority from any such public servant, within the time specified in sub-section (1), the competent authority shall make a report to that effect to the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, and send a copy of the report to the public servant concerned If within two months of such report, the public servant concerned does not submit such statement, the Lok Ayukta or an Upa-Lok Ayukta, as the may be, shall publish, or cause to be published the name of such public servant in three newspapers having wide circulation in the State.
Explanation. - I
(1) The Government may, by notification, in the Gazette, makes 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 to be prescribed under sub-clause (iv) of clause (d) of section 2,
(b) the salary, allowances and pensions payable to, and order conditions of service of, the Lok Ayukta and the Upa-Lok Ayuktas;
(c) the form and the manner in which a complaint may be made;
(d) the powers of a civil court which may be exercised by the Lok Ayukta or an Upa-Lok Ayukta under clause (f) of sub-section (2) of section 11;
(e) the salary, allowances, appointment and other conditions of service of the staff and employees of the Lok Ayukta and the Upa-Lok Ayuktas under sub-section (2) of sectio
(1) For the removal of doubts it is hereby declared that nothing in this Act shall be construed as authorising the Lok Ayukta or an Upa-Lok Ayukta to investigate any action which is taken by or with the approval of,-
(a) any judge as defined in section 19 of the Indian Penal Code (Central Act 45 of 1860),
(b) any officer or servant of any civil or criminal court in the State;
(c) the Accountant General of Kerala;
(d) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in Article 324 of the Constitution of India and the Chief Electoral Officer, Kerala;
(e) the Speaker of the State Legislative Assembly;
(f) the Chairman or a member of the Kerala Public Service Commission;
(g) the State Election Commissioner appointed under Article 243 K of the Constitution of India;
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything, not inconsistent with such provisions, which appear to them to be necessary or expedient for the purpose of removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act
(3) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in section, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes, any modification in the order or decides that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as t
(1) The Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987 (24 of 1988) and the Kerala Lok Ayukta Ordinance, 1998 (16 of 1998) are hereby repealed.
(2) Notwithstanding such repeal,-
(i) in so far as it is not inconsistent with the provisions of the Act, anything done or any action taken under the said Act shall be deemed to have been done or taken under this Act and may be continued and completed under the corresponding provisions of this Act:
Provided that, for the purpose of this sub-section, "Public Men" as detained under the said Act shall be deemed to correspond to "public servants" under this Act,
(ii) all inquiries and investigations or other proceedings pending before the Commission under the repealed Act shall stand transferred to and be continued by the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, under the provisions of this Act, as if it we
I...............have been appointed as Lok Ayukta/Upa-Lok Ayukta do swear it the name of God/Solemnly affirm that I will bear true 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 ill-will.
(a) Action taken for the purpose of investigating crime relating to 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) Administrative 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 obligation.
(d) Action taken in respect of appointment, removal, pay, discipline, superannuation or other matters relating to conditions of service of public servants but, not including actions relating to claims for pension, gratuity, provident fund or to any claims which arises on retirement, removal or termination of service.
(e) Grant of honours and awards.
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