The Karnataka Lokayukta Act, 1984
(First published in the Karnataka Gazette Extraordinary on the Eleventh day of February, 1985)
(Received the assent of the President on the Sixteenth day of January, 1985).
(As amended by Acts 15 of 1986, 31 of 1986, 1 of 1988, 30 of 1991, 25 of 2010 and 35 of 2015.)
An Act to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto.
WHEREAS it is expedient to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to mat
Read full Act(1) This Act may be called the Karnataka Lokayukta Act, 1984.
(2) It shall come into force on such 1[date]1as the State Government may, by notification, appoint.
1. The Act came into force on 15 .1.1986 by notification. Text of the notification is at the end of the Act.
In this Act, unless the context otherwise requires,-
(1)"action" means 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 1[relating to]1 such action shall be construed accordingly;
1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
(2)"allegation" in relation to a public servant means any affirmation that such public servant,-
(a)has abused his position as such public servant to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;
(b)was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt
(1) For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokayukta and one or more persons to be known as the Upalokayukta or Upalokayuktas.
(2) (a) A person to be appointed as the Lokayukta 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 1[or a person who has held the office of a Judge of a High Court for not less than ten years]1 and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.
Section 3 of the Karnataka Lokayukta Act, 1984, lays down the provisions relating to the appointment of the Lokayukta and Upa-Lokayukta, which are crucial for ensuring independence and proper functioning of the anti-corruption mechanism in Karnataka. The section emphasizes the role of the Chief Minister, the necessity of consultation with constitutional and judicial authorities, and the procedural safeguards to uphold the integrity of appointments.
Note: The references are based on the provided sources and judgments, emphasizing the importance of procedural compliance, consultation, and advice in the appointment process under Section 3 of the Karnataka Lokayukta Act, 1984.
The Lokayukta or Upalokayukta shall not be a members of the Parliament or be a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as Lokayukta or Upalokayukta) 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 as the Lokayukta or an Upalokayukta shall,-
(a)if he is a member of the 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, sever his connection with it; or
(d)if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and manageme
(1)A person appointed as the Lokayukta or Upaloakayukta 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 an Upalokayukta may, by writing under his hand addressed to the Governor, resign his office;
(b)the Lokayukta or an Upalokayukta may be removed from office in the manner provided in section 6.
(2)On ceasing to hold office, the Lokayukta or an Upalokayukta shall be ineligible for further employment to any office of profit under the Government of Karnataka or in any authority, corporation, company, society or university referred to in item (g) of clause (12) of section 2.
(3)There shall be paid to the Lokayukta and the Upalokayukta every month a salary 1[equal to that of the Chief Justice of a High Court and that of a Judge of the High Court respectively]1.
2[Proviso x x x ]2
1.Substituted by Act 30 of
(1) The Lokayukta or an Upalokayukta shall not be removed from his office except by an order of the Governor passed after an address by each House of the State Legislature 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)A notice of motion for removal of Lokayukta or an Upalokayukta may be given in writing to;
(a)the Speaker of the Karnataka State Legislative Assembly duly signed by not less than one-third of the total membership of that House; or
(b)the Chairman of the Karnataka State Legislative Council duly signed by not less than one-third of the total membership of that House.
(3)Soon after the receipt of notice of motion referred insub-section (2), the Speaker or Chairman, as the case may be, after consulting
1(1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by or with the general or special approval of,-
(a)(i) the Chief Minister;
(ii)a Minister;
(iii)a member of the State Legislature;
(iv)the Chairman and the Vice-Chairman (by whatever name called) or a member of an authority, board or a committee, a statutory or non-statutory body or a corporation established by or under any law of the State Legislature including a society, co-operative society or a Government company within the meaning of section 617 of the Companies Act, 1956, nominated by the State Government;
in any case where a complaint involving a grievance or an allegation is made in respect of such action.
(b)any other public servant
(1) Except as hereinafter provided, the Lokayukta or an Upalokayukta 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 second Schedule; or
(b)if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, 1[court, officer or other authority and has not availed of the same.]1
1. Substituted by Act 1 of 1988 w.e.f. 25.2.1988.
(2) The Lokayukta or an Upalokayukta shall not investigate,-
(a)any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case
Section 8 of the Karnataka Lokayukta Act, 1984, delineates the scope and limitations of investigations that the Lokayukta can undertake. It sets the boundaries within which the Lokayukta or Upalokayukta can investigate complaints, emphasizing procedural safeguards and procedural exclusions to prevent unwarranted or redundant inquiries.
Section 8 specifies the matters that are not subject to investigation by the Lokayukta or Upalokayukta. It categorically states that investigations shall not be conducted if:- The action relates to matters listed in the Second Schedule (Section 8(1)(a)).- The complainant has a remedy by appeal, revision, review, or other proceedings before a tribunal, court, officer, or authority and has not availed of such remedy (Section 8(1)(b)).- The complaint involves grievances made after six months from the date the action became known to the complainant (Section 8(2)(c)).- The complaint involves allegations made after five years from the date of the alleged action (Section 8(2)(d)).
In summary, Section 8 of the Karnataka Lokayukta Act, 1984, functions as a procedural gatekeeper, ensuring investigations are conducted within prescribed legal and procedural limits, thereby safeguarding administrative actions and maintaining the integrity of the Lokayukta’s inquiry powers.
Note: All references are based on the provided sources, primarily from the case law summaries and legal interpretations within those texts.
(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta.
1[Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made, may be prosecuted by his legal representatives or by any other person who is authorized by him in writing in this behalf.] 1
1. Inserted by Act 25 of 2010 w.e.f. 23.07.2010.
(2)Every complaint shall be made in the form of a statement supported by an affidavit and in such form and in such manner as may be prescribed.
(3)Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit, to conduct any investigation und
(1) Where in consequence of information in his possession, the Lokayukta or an Upalokayukta,-(a) has reason to believe that any person,-
(i)to whom a summon 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, jewelry or other valuable article or thing and such money, bullion, jeweller 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) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection
(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 Upalokayukta 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 or an Upalokayukta 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 discovery and production of any document;
(
12. Reports of Lokayukta, etc.- (1) If, after investigation of any action 1[ x x x ]1involving a grievance has been made, the Lokayukta or an Upalokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, the Lokayukta or an Upalokayukta 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.
1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. (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 to the Lokayukta or the Upalokayukta the action taken on the report.
(3)If, after investigation of any action 1[XXX]1 involving an allegation has been made, the Lokayukta or an Upalokayukta is satisfied that such allegatio
(1) Where after investigation into a complaint the Lokayukta or an Upalokayukta is satisfied that the complaint involving an allegation against the public servant 2[is substantiated]2and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta shall make a declaration to that effect in his report under sub section (3) of section 12. 1[ Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration. 3 [after giving an opportunity of being heard] 3In other cases, the competent authority shall send a copy of such report to the State Government which may either accept or reject the declaration.]13 [after giving an opportunity of being heard] 3If it is not rejected within a period of three months from the date of receipt of the report 1[ or the copy of the
If after investigation into any complaint the Lokayukta or an Upalokayukta is satisfied that the public servant has committed any criminal offence 1[and should be prosecuted]1in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate authority on the date of such order.
1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
1[(1) There shall be such officers and employees as may be prescribed to assist the Lokayukta and the Upalokayutha or the Upalokayuktas in the discharge of their functions under this Act.]1
1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
(2) The categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) 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 Lokayukta 1[ x x x ]1.
1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986.
(3) Without prejudice to the provisions of sub-section (1) the Lokayukta or an Upalokay
(1) Any information obtained by the Lokayukta or an Upalokayukta 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 Lokayukta or the Upalokayukta 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 referred to therein,-
(a)for the purposes of this Act or for the purposes of any action or proceedings to be taken on such report under section 12;
(b)for purposes of any proceedings for an offence under the Official Secrets Act, 1923, or an offence of giving or fabricating false evidence under the In
(1) Whoever intentionally insults or causes any interruption to the Lokayukta or Upalokayukta while the Lokayukta or Upalokayukta 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 may extend to one year 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 an Upalokayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which shall not be less than six months but may extend to one year 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 the modification th
The Lokayukta or Upalokayukta shall have, and exercise the same jurisdiction, powers and authority in respect of contempt of itself as a 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 references therein to the High Court shall be construed as including a reference to the Lokayukta or Upalokayukta, as the case may be.]1
1. Inserted by Act 1 of 1988 w.e.f. 25.2.1988.
(1) No suit, prosecution, or other legal proceedings shall lie against the Lokayukta or an Upalokayukta or against any officer, employee, agency or person referred to in section 15 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.
(1) The Government may, by order, in writing and after consultation with an Upalokayukta, confer on the Upalokayukta powers to hold, in such manner and through such officers, employees and agencies referred to in section 15 as may be prescribed, enquiries against Government servants and persons referred to in item (g) of clause (12) of section 2 1[ other than those falling under clauses (ii) and (iv) of subsection (1) of section 7]1, in disciplinary or 2[other proceedings transferred under sub-section (3) of section 26 commenced]2in furtherance of the recommendations of the Upalokayukta or otherwise.
1.Inserted by Act 1 of 1988 w.e.f. 25.2.1988.
2.Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
(2) Where powers are conferred o
(1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.
(2) No court, except a court of a Metropolitan Magistrate or a Judicial Magistrate First Class shall take cognizance of an offence under sub-section (1).
1[(2A) No such court shall take congizance of an offence under sub-section (1) except on a complaint made by a person against whom false, frivolous or vexatious complaint was made after obtaining the previous sanction of the Lokayukta or Upalokayukta as the case may be]1
1. I
The Upalokayukta may, subject to such rules as may be prescribed, by general or special order, in writing, direct that the functions and powers conferred by section 19 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) Every public servant referred to in sub-section (1) of section 7, other than a Government servant, shall within three months after the commencement of this Act and thereafter before the 30th June of every year submit to the Lokayukta in the prescribed form a statement of his assets and liabilities and 1[those of the]1members of his family.
1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
(2) If no such statement is received by the Lokayukta from any such public servant within the time specified in sub-section (1), the Lokayukta shall make a report to that effect to the competent authority 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 1[submit such statement the Lokayukta, shall publish or cause to be published the name of su
(1) The State Government 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 to be prescribed under sub-clause (d) of clause (4) of section 2;
(b)the allowances and pensions payable to and other conditions of service of the Lokayukta and an Upalokayukta;
(c)the form and manner in which 1[a complaint]1may be made;
1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986.
(d)the powers of a civil court which may be exercised by the Lokayukta or an Upalokayukta under clause (f) of sub-section (2
(1) For the removal of doubts it is hereby declared that nothing in this Act shall be construed as authorising the Lokayukta or an Upalokayukta 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 civil or criminal court in India;
(c)the Accountant General for Karnataka;
(d)the Chief Election Commissioner, the Election commissioners and the Regional commissioners referred to in Article 324 of the Constitution and the Chief Electoral Officer, Karnataka State;
(e)the Speaker of the Karnataka Legislative Assembly or the Chairman of the Karnataka Legislative Council, and
(f)the Chairman or a member of the Karnataka Public Service Commission.
Notwithstanding anything contained in this Act, the Governor may, by order, make such provision as he may consider necessary or expedient,-
(i) for bringing the provisions of this Act into effective operation;
(ii) for continuing the enquiries and investigations against Government servants and persons referred to in item (f) of clause (12) of section 2 pending before the Government or any other authority including the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 by the Lokayukta or an Upalokayukta.
(1) The Karnataka State Vigilance Commission Rules, 1980 and the Karnataka Public Authorities (Disciplinary Proceedings against Employees) Act, 1982 (Karnataka Act 31 of 1982) and the Karnataka Lokayukta Ordinance, 1984 (Karnataka Ordinance 1 of 1984) are hereby repealed.
(2)Notwithstanding such repeal any act or thing done under the said rules or Act or Ordinance shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.
(3)All enquiries and investigations and other disciplinary proceedings pending before the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 and which have not been disposed of, shall stand transferred to and be continued by the Upalokayukta as if they were commenced before him under this Act.
(4)Notwit
[See section 3 (3)]
I....................................... having been appointed as Lokayukta/Upalokayukta do swear in 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.
[See section 8 (i) (a)]
(a) Action taken for the purpose of investigating crimes 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) 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 obligations.
(d) Action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.
(e) Grant of honours and awards.
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