Orissa Lokpal and Lokayuktas Act, 1995
(1) This Act may be called the Orissa Lokpal and Lokayuktas Act, 1995.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by notification appoint in that behalf.
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 or commission or failure to act 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 personal interest or improper or corrupt motives; or
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(1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokpal and one or more persons to be known as the Lokayukta or Lokayuktas :
Provided that-
(a) the Lokpal shall be appointed after consultation with the Chief Justice of the High Court of Orissa and the Leader of the Opposition, if there is any;
(b) the Lokayukta or Lokayuktas shall be appointed after consultation with the Lokpal.
(2) Person shall not be qualified for appointment as-
(a) Lokpal unless he is or has been a Judge of the Supreme Court or of a High Court ; and
(b) a Lokayukta unless he is qualified
(1) The Lokpal or a 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 Lokpal or, as the case may be, a Lokayukta), or be connected with any political party or carry on any business or practice or any profession.
(2) A person appointed to be the Lokpal or, as the case may be, the Lokayukta, shall-
(a) if he is a member of Parliament or of the Legislature of any State resign such membership;
(b) if he holds any office of trust or profit, resign from such office;
(c) if he is connected with any political party, sever his connection with it;
(d) if he is carrying on any business, sever his c
Section 4 of the Orissa Lokpal and Lokayuktas Act, 1995, deals with the disqualifications and restrictions imposed on the Lokpal and Lokayuktas to ensure their independence, integrity, and impartiality. It aims to prevent conflicts of interest and maintain the sanctity of the office by prohibiting certain conduct and associations.
Section 4 primarily states that:- The Lokpal and Lokayuktas shall not hold any other office of trust or profit.- They shall not be members of Parliament or any State Legislature.- They shall not be connected with any political party.- They shall not carry on any business or practice any profession.- They shall cease to hold office if they become disqualified under these provisions or are convicted of moral turpitude.
In summary, Section 4 of the Orissa Lokpal and Lokayuktas Act, 1995, plays a pivotal role in safeguarding the independence, integrity, and impartiality of the Lokpal and Lokayuktas by imposing strict disqualifications and restrictions, reinforced by penal provisions. It aligns with constitutional mandates and judicial principles ensuring that these offices serve as effective guardians against corruption and abuse of power.
(1) Every person appointed as the Lokpal or a Lokayukta shall hold office for a term of five years from the date on which he enters upon his office but shall not be eligible for re-appointment :
Provided that-
(a) the Lokpal or a Lokayukta may, by writing under his hand addressed to the Governor, resign his office;
(b) the Lokpal of a Lokayukta may be removed from office in the manner specified in Section 6.
(2) If the office of the Lokpal or a Lokayukta becomes vacant or if the Lokpal or a 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 Lokpal or such Lo
(1) Subject to the provisions of Article 311 of the Constitution, the Lokpal or a 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 shall be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or of a High Court other than the High Court of Orissa.
(2) The person appointed under the proviso to Sub-section (1) shall submit the report of his inquiry to the Governor.
(3) Notwithstanding anything contained in Sub-section (1), the Governor shall before removing the Lokpal or a Lokayukta, consult -
(a) in the case of Lokpal
(1) Subject to the provisions of this Act, the Lokpal may investigate any action which is taken by or with the general or specific approval of-
(i) a Minister or the Chief Secretary or a Secretary; or
(ii) any other public servant being a public servant of a class or sub-class of public servant notified by the State Government in consultation with the Lokpal in this behalf;
in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Lokpal, the subject of a grievance or an allegation.
(2) Subject to the provisions of this Act, a Lokayukta may investigate any action which is taken by or with the general or specific approval of, any public serva
(1) Except as hereinafter provided, the Lokpal or a Lokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action,-
(a) if such action relates to any matter specified in the Third Schedule; or
(b) if the complainant has or had any remedy by way of proceeding before any Tribunal or Court of Law :
Provided that the Lokpal or a Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy, if the Lokpal or, as the case may be, the Lokayukta is satisfied that such person could not or cannot, for sufficient cause, have recourse to such remedy.
(2) The Lokpal or a Lokayukta shall not investigate any action-
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(1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokpal or a 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 presents 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 and other documents including fee as may be prescribed.
(3) Notwithstanding anything contained in any other enactment any lette
(1) Where the Lokpal or a Lokayukta 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 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 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) Every such investigation shall be conducted in private and in particular, the identity of the complainant and of the public servant
(1) Subject to the provisions of this section, for the purpose of any investigation or any preliminary inquiry or investigation under this Act, the Lokpal or a 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 purposes aforesaid the Lokpal or a Lokayukta shall have all the powers of the 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 discovery and production of any document;
(c) receiving evide
(1) If, after investigation of any action in respect of which a complaint involving a grievance has been or can be or could have been made, the Lokpal or a Lokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or any other person, he shall, by 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 (7) shall, within one month of the expiry of the term specified in the report intimate or cause to be intimated to the Lokpal, or, as the case may be, Lokayukta of the action taken for compliance with the report.
(3) If, after investigation of any acti
(1) If the Chief Minister receives a report of Lokpal in respect of a complaint involving a grievance or an allegation against himself, he shall, notwithstanding anything contained to the contrary in Section 12, forward it immediately with an elucidatory note, if any, to the Governor.
(2) The Governor shall after considering the report of the Lokpal and the elucidatory note, if any, take such action or pass such orders as he deems fit or expedient and cause copies of the report, elucidatory note, if any, and of the order passed by him to be laid on the table of the State Legislative Assembly.
(1) The Lokpal may appoint, or authorise a Lokayukta or any officer subordinate to the Lokpal or a Lokayukta to appoint, officers and other employees to assist the Lokpal and the 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 of service and the administrative powers of the Lokpal and Lokayuktas shall be such as may be prescribed after consultation with the Lokpal.
(3) Without prejudice to the provisions of Sub-section (1), the Lokpal or a 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 with the concurrence of that Government
(1) Any information, obtained by the Lokpal or the Lokayuktas 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, no Court shall be entitled to compel the Lokpal or a 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 disclosure of any information or particulars-
(a) for purposes of investigation or in any report to be made thereon or for any action or proceedings to be taken on such report;
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(1) Whoever intentionally offers any insult or causes any interruption to the Lokpal or a Lokayukta, while the Lokpal or the Lokayukta is conducting any investigation under this Act, shall be punished with simple imprisonment for a term which may extend to two years, 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 Lokpal or a Lokayukta into disrepute shall be punished with simple imprisonment for a term which may extend to two years 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 to in Sub-section (1) of the said Section 199 subject to t
(1) No suit, prosecution, or other legal proceeding shall lie against the Lokpal or the Lokayuktas or against any officer, employees, agency a 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 Lokpal or the 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) Except on the ground of jurisdiction, no proceedings or decision of the Lokpal or the Lokayuktas shall be liable to be challenged, reviewed, quashed or called in question in any Court or Tribunal.
(1) The Governor may, after consultation with the Lokpal and by notification confer on the Lokpal or a Lokayukta, as the case may be, such additional functions in relation to the redress of grievance and eradication of corruption as may be specified in the notification.
(2) The Governor may, by order in writing and after consultation with the Lokpal, confer on the Lokpal or a Lokayukta such powers of a Supervisory nature over agencies set up or authorities constituted or officers appointed by the State Government for the redress of grievance and eradication of corruption.
(3) The Governor may, by order in writing and subject to such conditions and limitations as may be specified in the order, require the Lokpal to investigate any action (being action in respect of which a complaint may be made under this Act to the Lokpal or a Lokayukt
The Lokpal or a Lokayukta may, by general or special order in writing direct that any powers or duties of administrative nature conferred or imposed on him by or under this Act (except the power to make reports 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.
(1) The State Government may, make rules for the purpose of carrying out all or any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, 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 allowance and other conditions of service of the Lokpal and Lokayuktas;
(c) the time within which, and the form in which, complaints may be made and the documents which shall accompany such complaints;
(d) the powers of a Civil Court which may be exercised by the Lokpal or a Lokayukta;
(e) any other matter which is to
For the removal of doubts it is hereby declared that nothing in this Act shall be construed to authorise the Lokpal or a Lokayukta 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;
(b) any officer or servant of any Court;
(c) the Chairman or a member of the Public Service Commission;
(d) the Chief Election Commissioner or the Regional Commissioner referred to in Article 324 of the Constitution having jurisdiction in the State;
(e) the Speaker and the Deputy Speaker of Legislative Assembly;
(f) the Chairman, Vice-Chairman or the member of the Orissa Administrative Tribunal :
(1) Notwithstanding anything contained in this Act and the Orissa Lokpal and Lokayuktas (Repeal) Act, 1992-
(i) any complaint involving a grievance or an allegation or investigation which was pending before the Lokpal immediately before the repeal of the Orissa Lokpal and Lokayuktas Act, 1970 shall be deemed to be validly subsisting; and
(ii) Investigation, proceeding or remedy in relation to any right, privilege, obligation, liability, penalty, forfeiture or punishment which was pending under the repealed Act referred to in Clause (i), shall be continued or, as the case may be, enforced, for the purposes of this Act.
(2) The provisions of this Act shall be in addition to the provisions of any other enactment of any rule of law under which any remedy by way of appeal, revision, review or in a
I..................................................................having been appointed,
___________ _______________________ that I will
a Lokayukta solemnly affirm
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.
There shall be paid to the Lokpal and the Lokayuktas, in respect of time spent on actual service, salary at the following rates per mensem, that is to say-
Lokpal ... 1[30,000] rupees
Lokayukta ... 1[26,000] rupees
Provided that if the Lokpal or a Lokayukta at the time of his appointment is in receipt of, or has become entitled to, receive a pension (other than a disability or wound pension) from the Government of India or from the Government of a State, his salary in respect of service as the Lokpal or, as the case may be, a Lokayukta shall be reduced-
(a) by the amount of that pension; and
(b) if he has, before such appointment, received in lieu of a portion of the aforementioned pens
(a) Action taken in a matter certified by a Secretary as affecting the relations or dealings between the Government of India and any Foreign Government or any International Organisation of States of Governments.
(b) Action taken under the Extradition Act, 1962, or the Foreigners Act, 1946.
(c) Action taken for the purpose of investigating crime or protecting the security of the State including action taken with respect to passports and travel documents.
(d) Action taken in the exercise of powers in relation to determining whether a matter shall go to a Court or not.
(e) 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 complaina
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