S.1 Short title, extent and commencement

       (1) This Act may be called the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983.
       (2) It extends to the whole of the State of Andhra Pradesh.
       (3) It shall come into force on such date as the State Government may, by notification publish in the Andhra Pradesh Gazette, appoint.

S.2 Definitions

       In this Act, unless the context otherwise requires,
       (a) "action" means action taken by a public servant in the discharge of his functions as such public servant, by way of decision, recommendation or finding or in any other manner, and includes any omission and commission in connection with or arising out of such action; and all other expressions connecting 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 improper or corrupt motive

S.3 Appointment of Lokayukta and Upa Lokayukta

       (1) For the purpose of conducting investigation 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 Upa Lokayukta or Upa Lokayuktas; Provided that -
       (a) the person to be appointed as the Lokayukta shall be a Judge or a retired Chief Justice of a High Court;
       (b) the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court concerned;
       (c) the Upa Lokayukta shall by appointed from among the District Judges of Grade I, out of a panel of five names forwarded by the Chief Justice of the High Court of Andhra Pradesh.
       (2)
       (i) Every person appoi

S.4 Lokayukta or Upa Lokayukta to hold no other office

       (1) The Lokayukta or Upa Lokayukta shall not be a member of either House of Parliament or of a House of the Legislature of any State, nor shall he hold any office of trust or profit (other than his office as the Lokayukta or, as the case may be, Upa Lokayukta) or shall be connected with any political party, or shall carry on any business or practice any profession.
       (2) A person appointed to be the Lokayukta or, as the case may be, the Upa Lokayukta, shall, before he enters upon his office
       (a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or
       (b) if he holds any office of trust or profit, cease to hold such office by resignation or otherwise ;or
       (c) if he is connected with any political party, sever his c

S.5 Term of office and other conditions of service of Lokayukta and Upa Lokayukta

       (1) Every person appointed to be the Lokayukta or Upa Lokayukta shall hold office for a term of five years from the date on which he enters upon his office; Provided that
       (a) the Lokayukta or Upa Lokayukta may by writing under his hand and addressed to the Governor, resign his office;
       (b) the Lokayukta or Upa Lokayukta may be removed from his office in the manner specified in Section 6.
       (2) If the office of the Lokayukta or Upa Lokayukta becomes vacant, or if the Lokayukta or Upa 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 is appointed under section 3 and enters upon such office or as the case may be, until the Lokayukta or Upa Lokayukta resumes his duties, be performed,
 

S.6 Removal of Lokayukta or Upa Lokayukta

       (1) The lokayukta or Upa Lokayukta may be removed from his office by the Governor on the ground of misbehaviour or incapacity and on no other ground: Provided that no Lokayukta or Upa Lokayukta shall be so removed except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges; Provided further that any such inquiry
       (i) in respect of Lokayukta, shall be held only by a person appointed by the Governor being a person who is or has been a Judge of the Supreme court or the Chief Justice of a High Court ; and
       (ii) in respect of Upa Lokayukta, shall be held only by a person appointed by the Governor, being a person who is or has been a Judge of the Supreme Court or who is or has been a Judge of the High Court of Andhra Pradesh.
   

S.7 Matters which may be investigated by Lokayukta or Upa Lokayukta

       (1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of, or at behest of,
       (i) a Minister or a Secretary; or
       (ii) a Member of either House of the State Legislature; or
       (iii) a Mayor of the Municipal Corporation constituted by or under the relevant law for the time being in force; or
       (iv) any other public servant, belonging to such class or section of public servants, as may be notified by the Government in this behalf after consulation with the Lokayukta, in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Lokayukta, the subject of an allegation.
  

S.8 Matters not subject to investigation by Lokayukta or Upa Lokayukta

       (1) The Lokayukta or Upa Lokayukta shall not investigate any allegation,
       (a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850;
       (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952; In case where the Lokayukta or Upa Lokayukta, as the case may be has given his prior concurrence for such inquiry:
       Provided that if, on an application for such concurrence, no intimation of withholding it is communicated within ninety days after the receipt of the application by the Lokayukta or Upa Lokayukta, as the case may be, the concurrence shall be deemed to have been given.
       (2) The Lokayukta or Upa Lokayukta shall not investigate any complaint invo

S.9 Provision relating to complaints

       (1) Subject to the provisions of this Act, a complaint may be made by any person under this Act to the Lokayukta or Upa Lokayukta relating to an allegation in respect of any action: 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 authorised by him in this behalf.
       (2) Every complaint shall be made in such form, and shall be accompanied by such affidavits as may be prescribed.
       (3) Notwithstanding anything in any other law for the time being in force, any letter written to the Lokayukta or Upa Lokayukta by a person in police custody, or in a goal or in any asylum, or other place for insane persons shall be forwarded to the addressee unopened and without delay by the police off

S.10 Procedure in respect of investigations

       (1) Where the Lokayukta or Upa Lokayukta after making such preliminary verification as he deems fit, proposes to conduct any investigation under this Act, he
       (a) shall forward a copy of the complaint or, in the case or any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, 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 complaint or statement; and
       (c) may make such orders as to the safe custody of documents relevant to the investigation as he deems fit.
       (2)
       (a) Every preliminary verification referred to in sub section (1) shall be c

S.11 Evidence

       (1) Subject to the other provisions of this section, for the purpose of any investigation (including the preliminary verification if any, before such investigation) made under this Act, the Lokayukta or Upa 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 document.
       (2) For the purpose of any such investigation (including the preliminary verification) the Lokayukta or Upa Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 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 di

S.12 Reports of Lokayukta and Upa Lokayukta

       (1) If, after investigation of any allegation in respect of any action under this Act, the Lokayukta or Upa Lokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall by a report in writing, communicate his findings and recommendations along with the relevant documents, materials or other evidence to the competent authority.
       (2) The competent authority shall examine the report forwarded to it under sub section (1) and without any further inquiry, take action on the basis of the recommendation and intimate within three months of the date of receipt of the report, the Lokayukta or, as the case may be the Upa Lokayukta the action taken or proposed to be taken on the basis of the report.
       (3) Where in a report forwarded by the Lokayukta or Upa Lokayukta, any recommendation imposing the penalty of removal fr

S.13 Prosecution for false complaints

       (1) Notwithstanding anything in Section 10 or any other provisions of this Act whoever wilfully or maliciously makes any false complaint under this Act, shall on conviction be punished with imprisonment for a term which may extend to one year and shall also be liable to fine.
       (2) No Court, except a court of the judicial magistrate of the first class shall take cognizance of the offence under sub section (1).
       (3) No such Court shall take cognizance of any such offence except on a complaint made by a person against whom false complaint was made, and after obtaining the previous sanction of the Lokayukta or Upa Lokayukta, as the case may be.
       (4) Such Court, on conviction of the person making false complaint may award, out of the amount of the fine, to the complainant such amount of the compensati

S.14 Staff of Lokayukta and Upa Lokayukta

       (1) The Lokayukta may appoint, or authorise Upa Lokayukta or any officer subordinate to the Lokayukta or Upa Lokayukta to appoint, officers and other employees to assist the Lokayukta and the Upa Lokayuktas in the discharge of their functions under this Act.
       (2) The categories of officers and employees who may be appointed under sub section (1), their salaries, allowances and other conditions or service and the administrative powers of the Lokayukta and Upa Lokayuktas shall be such as may be prescribed, after consultation with the Lokayukta.
       (3) Without prejudice to the provisions of sub section (1), the Lokayukta or Upa Lokayukta may, for the purpose of conducting investigations under this Act, utilise in such manner as may be prescribed the services of,
       (i) any officer or investigation agen

S.15 Secrecy of Information

       (1) Any information obtained by the Lokayukta or Upa Lokayukta or any member of their staff in the course of, or for the purposes, of, any preliminary verification made under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub section (2) of Section 10, be treated as confidential; and not withstanding anything in the Indian Evidence Act, 1872, no court shall be entitled to compel the Lokayukta or Upa 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 be made thereon or for any action or proceedings to be taken on such repor

S.16 Intentional insult or interruption to, or bringing into disrepute Lokayukta or Upa Lokayukta

       (1) Whoever, intentionally offers any insult or causes any interruption to the Lokayukta or Upa Lokayukta while the Lokayukta or Upa 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 Upa 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 Section 199 of the Code of Criminal Procedure, 1973, shall apply in relation to an offence under sub section (1) or sub section (2) as they apply in relation to an offence referred in sub section

S.17 Protection of action taken in good faith

       (1) No suit, prosecution or other legal proceedings shall lie against the Lokayukta or Upa Lokayukta or against any officer, employee, agency or person referred to in Section 14 in respect of anything which is in good faith done or intended to be done under this Act.
       (2) No proceedings of the Lokayukta or Upa Lokayukta shall be deemed to be invalid by reason only of a defect or infirmity in his appointment or with the conduct of the proceedings.
       (3) No proceedings, decision, finding or recommendation of Lokayakta or Upa Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court or tribunal.

S.18 Conferment of additional functions on Lokayukta and Upa Lokayukta etc.

       (1) The Governor may, by a notification and after consultation with the Lokayukta, confer on the Lokayukta or Upa 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 Governor may, by order in writing and after consultation with the Lokayukta, confer on the Lokayukta or Upa Lokayukta such powers of supervision over agencies, authorities or officers set up, constituted or appointed by the Government for the eradication of corruption.
       (3) The Governor may, by order in writing and subject to such conditions and limitations as may be specified therein, require the Lokayukta to investigate any action (being action in respect of which a complaint may be made under this Act, to the Lokayukta or Upa Lokayukta) and notwithstanding anything in this Ac

S.19 Power to delegate

       The Lokayukta or Upa Lokayukta may, by general or special order, in writing, direct that any powers or duties of administrative nature (except the power to make reports to the Governor under Section 12), may also be exercised or discharged by such of the officers, employees or agencies referred to in Section 14, as may be specified in the order.

S.20 Power to make rules

       (1) The Government may, by notification, make rules for carrying out all or any of the purposes 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 (iii) of clause (c) of section 2;
       (b) the allowances and pension payable to and other conditions of service of, the Lokayukta and Upa Lokayukta;
       (c) the form in which complaints may be made and the fees if any, which may be charged in respect thereof;
       (d) the powers of Civil Court which may be exercised by the Lokayukta or Upa Lokayukta;
       (e) any other matter whic

S.21 Removal of doubts

       For the removal of doubts, it is hereby declared that nothing in this Act shall be construed to authorise the Lokayukta or Upa Lokayukta to investigate any allegation against
       (a) the Chief Justice or any Judge of the High Court or a member of the Judicial service as defined in clause (b) of article 236 of the Constitution;
       (b) any officer of servant of any court in the State;
       (c) the Accountant General, Andhra Pradesh;
       (d) the Chairman or a member of the Andhra Pradesh Public Service Commission;
       (e) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in the article 324 of the Constitution and the Chief Electoral Officer of the State of Andhra Pradesh;

S.22 Savings

       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 of affect the right of such person to avail of such remedy.

Sch.1 SCHEDULE

       FIRST SCHEDULE
       See Section 3(2)
       I........................having been appointed to be Lokayukta Upa Lokayukta do swear in the name of God solemnly affirm that will bear true faith and allegiance to the Constitution of India as by law established; and will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear and favour, affection of ill will.