GUJARAT LOKAYUKTA ACT, 1986
(1) This Act may be called the Gujarat Lokayukta Act, 1986.
(2) It extends to the whole of the State of Gujarat, and it applies also to public functionaries outside the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
(1) "action" means action taken whether before or after the commencement of this Act 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;
(2) "allegation" in relation to a public functionary and with reference to any action taken by him, means any affirmation that such public, functionary in his capacity as a public functionary--
(a) is guilty of corruption, or lack of integrity; or
(b) was actuated in the discharge of his functions by personal interest or improper or corrupt motives; or
(c) has abused his position, to obtain any
(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 :
Provided that the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court and except where such appointment is to be made at a time when the Legislative Assembly of the State of Gujarat has been dissolved or a Proclamation under article 356 of the Constitution is in operation in the State of Gujarat, after consultation also with the Leader of the Opposition in the Legislative Assembly, or 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.
(2) A person shall not be qualified for appointment as a Lokayukta unless
(1) The Lokayukta shall not be 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 be connected with any political party or shall not carry on any business or practice any profession; and accordingly, before he enters upon his office, a person appointed as the Lokayukta shall,--
(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, resign from such office; or
(c) if he is connected with any political party, severe his connection with it; or
(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the
(1) Every person appointed as the 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 may, by writing under his hand addressed to the Governor, resign his office ;
(b) the Lokayukta may be removed from office in the manner specified in section 6.
(2) On ceasing to hold office, the Lokayukta shall be ineligible for further employment (whether as the Lokayukta or in any other capacity) under the Government of Gujarat or for any employment under, or office in, any such Government company, Corporation, or University as is referred to in sub-clauses (b), (c) and (d) of clause (7) of section 2.
(3) There shall be paid to
The Lokayukta shall not be removed from his office except by an order made by the Governor on the ground of proved misbehaviour or incapacity after an inquiry made by the Chief Justice of the High Court or, as the case may be, by such other Judge of the High Court as the Chief Justice may nominate in this behalf, in which the Lokayukta had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(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 a public functionary 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.
(2) No matter in respect of which a complaint is made under this Act shall be referred to a Commission for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) except on the recommendation or with the concurrence of the Lokayukta :
Provided that nothing in this sub-section shall prevent the State Government from referring the matter to such commission for inquiry if in its opinion the matter is exceptionally a matter of definite public importance.
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(1) The Lokayukta stall not investigate any action,--
(a) in respect of which, a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850 ( 37 of 1850) with his prior concurrence, or
(b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) on his recommendation or with his prior concurrence or by the State Government under the proviso to sub-section (2) of section 7, or
(c) in respect of a matter which has been inquired into under the enactments referred to in clauses (a) and (b) or has been finally decided by a competent court.
(2) The Lokayukta shall not investigate any complaint which is excluded from his jurisdiction by virtue of a notification issued
(1) Subject to the provisions of this Act, a complaint stating the allegations may be made under this Act to the Lokayukta by any person other than a public servant in his capacity as such :
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 contained in any other enactment, any letter written to the Lokayukta by a person in police custody, or in a jail or in any asylum or other place for insane persons, shall be forwarded to the addressee unopened and witho
(1) Where the Lokayukta decides to conduct any investigation under this Act, he,--
(a) shall forward a copy of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor to the public functionary concerned and the competent authority concerned;
(b) shall afford to the public functionary 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) Every such investigation shall be conducted in private and, in particular the identity of the complainant and of the public functionary affected by the investigation shall not be disclosed t
(1) Subject to the provisions of this section, for the purpose of investigation (including the preliminary inquiry, before such investigation) under this Act, the 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 inquiry), the Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (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;
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(1) If after investigation of any action in respect of which a complaint involving an allegation has been made against the Chief Minister or against the Chief Minister in conjunction with any other public functionary, the Lokayukta is satisfied that such allegation can be substantiated, either wholly or partly against the Chief Minister, he shall, by a report in writing, communicate his findings, alongwith the relevant documents, materials and other evidence, to the Chief Minister.
(2) On receipt of the report under sub-section (1), the Chief Minister shall cause the same to be placed, without delay, before the Council of Ministers.
(1) If, in any case to which section 12 does not apply, the Lokayukta after investigation of any action in respect of which a complaint involving an allegation has been or can be or could have been made, is satisfied that such allegation can be substantiated, either wholly or partly, he shall by a report in writing, communicate his findings along with the relevant documents, materials and other evidence, to the competent authority.
(2) The competent authority shall examine the report forwarded to it under sub-section (1) and intimate, within three months of the date of receipt of the report, the Lokayukta the action taken or proposed to be taken on the basis of the report.
(1) The Lokayukta shall present annually a consolidated report of the performance of his functions under this Act to the Governor, and the Governor shall, on receipt of such report, cause a copy thereof together with an explanatory memorandum to be laid before the State Legislature.
(2) Subject to the provisions of sub-section (2) of section 10, the Lokayukta may at his discretion make available from time to time, the substance of cases closed or otherwise disposed of by him which may appear to him to be general public, academic or professional interest, in such manner and to such persons as he may deem appropriate.
(1) The Lokayukta may appoint or authorise any officer subordinate to him to appoint, officers, and other employees to assist the Lokayukta in the discharge of his 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 of service and the administrative powers of the Lokayukta shall be such as may be prescribed after consultation with the Lokayukta.
(3) Without prejudice to the provisions of sub-section (1), the Lokayukta may, for the purpose of conducting investigations under this Act, utilise the services of,--
(i) any officer or investigation agency of the State Government;
(ii) any officer or investigation agency of the Central Government,
(1) Any information, obtained by the Lokayukta or members of his staff in the course of, or for the purposes of, any investigation under this Act, and any evidence recorded 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 (1 of 1972), no court shall be entitled to compel the Lokayukta, or any public servant to give evidence relating to such information or produce the evidence so recorded.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars,--
(a) in any report to be made on an investigation under this Act or for any action or proceeding to be taken on such report ; or
(b) for purposes
(1) Whoever intentionally offers any insult or causes any interruption, to the Lokayukta while the 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 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 (2 of 1974), shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply in relation to an offence referred to in sub-section (2) of the said section 199, su
(1) No suit, prosecution or other legal proceeding shall lie against the Lokayukta or against any officer, employee, agency or person referred to in section 15 in respect of anything which is in good faith done or intended to be done under this Act.
(2) No proceedings of the Lokayukta shall be held bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court.
(1) The Governor may, by notification published in the Official Gazette and after consultation with the Lokayukta confer on the Lokayukta 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 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 as may be specified in the order.
(3) The Governor 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 action in respect of which a complaint may be made under this Act to the Lokayukta) and notwithstanding anything
(1) The State Government may, on the recommendation of the Lokayukta and on being satisfied that it is necessary or expedient in the public interest so to do, exclude, by notification in the Official Gazette, complaints, involving allegations against persons belonging to any class of public functionaries specified in the notification, from the jurisdiction of the Lokayukta.
(2) Every notification issued under sub-section (1) shall be laid as soon as may be after it is issued before the State Legislature while it is in session for a total period of thirty 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 State Legislature agree in making any modification in the notification or agree that the notification, should not be made, and notify such decision in the
The sum deposited under section 9 by a complainant shall,--
(a) in a case where the complaint is refused to be investigated or ceased to be investigated under sub-section (4) of section 10, stand forfeited to the State Government,
(b) if the Lokayukta, for reasons to be recorded in writing so directs, be utilised for compensating the public functionary complained against, and
(c) in any other case be refunded to the complainant.
The Lokayukta may, by a general or a special order in writing, direct that any powers conferred or duties imposed on him by or under this Act (except the power to make reports to the Governor under sections 12 and 13) may also be exercised or discharged by such of the officers, employees or agencies referred to in section 15 as may be specified in the order.
(1) The Governor may, by notification in the Official 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 (b) of clause (3) of section 2;
(b) the allowances and pension payable to, and other conditions of services of the Lokayukta under sub-section (4) of section 5:
(c) the manner in which the opinion of the Chief Justice of the High Court shall be obtained for deciding the dispute referred to in sub-section (3) of section 8;
(d) the forms in which complaints may be made and
The provisions of this Act shall be in addition to and not in derogation of the provisions of the Prevention of Corruption Act, 1947 (2 of 1947) or any other law for the time being in force.
(1) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action, and nothing in this Act shall limit or affect the right of such person to avail of such remedy.
(2) Nothing contained in this Act shall be construed as affecting the constitution of, or the continuance of functioning or exercise of powers by any Commission of Inquiry appointed under the Commissions of Inquiry Act, 1952 (60 of 1952) before the commencement of this Act and no complaint shall be made under this Act in respect of any matter referred for inquiry to such Commission before such commencement.
THE FIRST SCHEDULE
[See section 3(3)]
I . . . . . . . . . . . . . . . . having been appointed Lokayukta do swear in the name of God that I will bear true faith and . . . . . . . . . . . .
solemnly affirm
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 illwill.
THE SECOND SCHEDULE
[See section. 5(4)]
There shall be paid to the Lokayukta in respect of time spent on actual service, salary at the following rates per mensem, that is to say, -
Lokayukta . . . . . . 4000 rupees :
Provided that, if the Lokayukta is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of State or any of its predecessor Governments, his salary in respect of service as the Lokayukta shall be reduced--
(a) by the amount of that pension, and
(b) if he receives in lieu of a portion of the pension due to him i
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