KARNATAKA LOKAYUKTA ACT, 1984
4 of 1985
29th MARCH, 1983
STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 4 OF 1985 Karnataka Gazette, Extraordinary, dated 29-3-1983 The Administrative Reforms Commission had recommended the setting up of the institution of Lokayukta for the purpose of improving the standards of public administration, by looking into complaints against administrative actions, including cases of corruption, favouritism and official indiscipline in administration machinery. One of the election promises in the election manifesto of the Janatha Party was the setting up of the institution of the Lokayukta. The Bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants. The public servants who are covered by the Act include. (1) Chief Minister; (2) all other Minister and members of the State Legislature; (3) all officers of the State Government; (4) Chairmen, Vice-Chairmen of Local Authorities, Statutory Bodies, or Corporations established by or under any law of the State Legislature, including Co-operative Societies; (5) Persons in the service of Local Authorities, Corporations, owned or controlled by the State Government, a company in which not less than fifty-one per cent of the shares are held by the State Government, Societies registered under the Societies Registration Act, Co-operative Societies and Universities established by or under any law of the Legislature. Where, after investigation into a complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the Competent Authority, the public servant concerned, if he is a Chief Minister or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension, with effect from the date of the acceptance of the declaration. If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted. The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will get transferred to the Lokayukta. There are other incidental and consequential provisions. Hence this Bill.
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 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; Be, it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows.
Section1 Short title and commencement
(1) This Act may be called the Karnataka Lokayukta Act, 1984.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Section2 Definitions
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 11. Substituted for the word "connecting" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000. w.e.f. 29-11-2000. [relating to] such action shall be construed accordingly;
(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 motives;
(c) is guilty of corruption, favouritism, nepotism, or lack of integrity in his capacity as such public servant;
(d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs;
(3) "Chief Minister" means the Chief Minister of Karnataka;
(4) "Competent authority" in relation to a public servant means,
(a) in the case of Chief Minister or a member of the State Legislature, the Governor acting in his discretion;
(b) in the case of a Minister or Secretary, the Chief Minister;
(c) in the case of a Government servant other than a Secretary, the Government of Karnatka;
(d) in the case of any other public servant, such authority as may be prescribed;
(5) "Corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;
(6) "Government servant" means a person who is a member of the Civil Services of the State of Karnataka or who holds a civil post or is serving in connection with the affairs of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person, whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka;
(7) "Governor" means the Governor of Karnataka;
(8) "Grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;
(9) "Lokayukta" means the person appointed as the Lokayukta under Section 3;
(10) "Maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case where.
(a) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(b) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;
(11) "Minister" means a member of the Council of Ministers for the State of Karnataka but excluding the Chief Minister;
(12) "Public servant" means a person who is or was at any time.
(a) the Chief Minister;
(b) a Minister;
(c) a Member of the State Legislature
(d) a Government servant;
(e) the Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of Section 617 of the Companies Act, 1956 and such other corporations or boards as the State Government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify;
(f) member of a Committee or Board, statutory or non-statutory, constituted by the Government;
(g) a person in the service or pay of.
(i) a local authority in the State of Kamataka;
(ii) a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Government and any other board or corporation as the State Government may, having regard to its financial interest therein, by notification, from time to time, specify;
(iii) a company registered under the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the State Government, or any company which is a subsidiary of such company;
(iv) a society registered or deemed to have been registered under the Karnataka Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the Official Gazette;
(v) a co-operative society;
(vi) a university;
Explanation. In this clause, "co-operative society" means a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959, and "university" means a university established or deemed to be established by or under any law of the State Legislature.
(13) "Secretary" means a Secretary to the Government of Karnataka and includes a Special Secretary, an Additional Secretary and a Joint Secretary;
(14) "Upa-lokayukta" means a person appointed as Upa-lokayukta under Section 3.
Section3 Appointment of Lokayukta and Upa-lokayukta
(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 Upa-lokayukta or Upa-lokayuktas.
(2)
(a) A person to be appointed as the Lokayukta shall be a person who has hel 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 Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Kamataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.
(b) A person to be appointed as an Upa-lokayukta shall be a person who 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 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.
(3) A person appointed as the Lokayukta or an Upa-lokayukta shall, before entering upon his office, make and subscribe, before the Governor, or some person appointed in that behalf of him, an oath or affirmation in the form set out for the purpose in the First Schedule.
Section4 Lokayukta or Upa-lokayukta not to hold any other office
The Lokayukta or Upa-lokayukta shall not be a Member 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 of Lokayukta or Upa-lokayukta) 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 Upa-lokayukta 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 management of such business; or
(e) if he is practising profession, suspend practice of such profession.
Section5 Term of office and other conditions of service of Lokayukta and Upa-lokayukta
(1) A person appointed as 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 an Upa-lokayukta may, by writing under his hand addressed to the Governor, resign his office;
(b) the Lokayukta or an Upa-lokayukta may be removed from office in the manner provided in Section 6.
(2) On ceasing to hold office, the Lokayukta or an Upa-lokayukta 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 Upa-lokayukta every month a salary 11. Substituted for the words "of seven thousand and five hundred rupees and six thousand rupees respectively" by Act No. 30 of 1991 and shall be deemed to have come into force w.e.f. 1-1-1991 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [equal to that of the Chief Justice of a High Court and that of a Judge of the High Court respectively:] 22. Proviso omitted by Act No. 15 of 1986 and shall be deemed to have come into force w.e.f. 4-12-1985 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x.]
(4) The allowances payable to and other conditions of service of the Lokayukta or an Upa-lokayukta shall be such as may be prescribed:
Provided that.
(a) in prescribing the allowances payable to and other conditions of service of the Lokayukta, regard shall be had to the allowances payable to and other conditions of service of the Chief Justice of India;
(b) in prescribing the allowances payable to and other conditions of service of the Upa-lokayukta, regard shall be had to the allowances payable to and other conditions of service of a Judge of the High Court:
11. Clause (c) inserted by Act No. 15 of 1986 and shall be deemed to have come into force w.e.f. 4-12-1985 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(c) no Dearness Allowance shall be payable either to the Lokayukta or Upa-lokayukta.)
Provided further that the allowances payable to and other conditions of service of the Lokayukta or Upa-lokayukta shall not be varied to his disadvantage after his appointment.
(5) The administrative expenses of the office of the Lokayukta and Upa-lokayukta including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of the State.
Section6 Removal of Lokayukta or Upa-lokayukta
(1) The Lokayukta or an Upa-lokayukta 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) The procedure of the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the Lokayukta or an Upa-lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 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 Lokayukta and Upa-lokayukta as they apply in relation to the removal of a Judge.
Section7 Matters which may be investigated by the Lokayukta and an 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.
(i) the Chief Minister;
(ii) a Minister or a Secretary;
(iii) a Member of the State Legislature; or
(iv) any other public servant being a public servant of a class notified by the State Government in consultation with the Lokayukta in this behalf, in any case where a complaint involving a grievance or an allegation is made in respect of such action 11. The words "or where such action can be or could have been, in the opinion of the Lokayukta, the subject of a grievance or an allegation" omitted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x.]
(2) Subject to the provisions of this Act, an Upa-lokayukta may investigate any action which is taken by or with the general or specific approval of, any public servant not being the Chief Minister, Minister, Member of the Legislature, Secretary or other public servant referred to in sub-section (1), 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 Upa-lokayukta, the subject of a grievance or an allegation.
22. Sub-section (2-A) inserted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(2-A) Notwithstanding anything contained in sub-sections (1) and (2), the Lokayukta or an Upa-lokayukta may investigate any action taken by or with the general or specific approval of a public servant, if it is referred to him by the State Government.]
(3) Where two or more Upa-lokayuktas are appointed under this Act, the 33. Substituted for the word "Government" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Lokayukta] may, by general or special order, assign to each of them matters which may be investigated by them under this Act:
Provided that no investigation made by an Upa-lokayukta under this Act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order.
44. Sub-section (4) inserted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(4) Notwithstanding anything contained in sub-sections (1) to (3), when an Upa-lokayukta is unable to discharge his functions owing to absence, illness or any other cause, his function may be discharged by the other Upa-lokayukta, if any, and if there is no other Upa-lokayukta by the Lokayukta.]
Section8 Matters not subject to investigation
(1) Except as hereinafter provided, the Lokayukta or an Upa-lokayukta shall no t conduct any investigation
(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, 11. Substituted for the words "Court or other authority" by Act No. 1 of 1988, w.e.f. 25-2-1988 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Court Oncer or other authority and has not availed of the same.]
(2) The Lokayukta or an Upa-lokayukta 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 Upa-lokayukta, as the case may be;
(b) any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upa-lokayukta, as the case may be;
(c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant; or
(d) 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 he may entertain a complaint referred to in clauses (c) and
(d) if the complainant satisfies that he had sufficient cause for not making the complaint within the period specified in those clauses.
(3) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Upa-lokayukta to question any administrative action involving the exercise of discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima facie be regarded as having been improperly exercised.
Section9 Provisions relating to complaints and investigations
(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upa-lokayukta.
(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 Upa-lokayukta proposes, after making such preliminary inquiry as he deemed 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 order 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 public or in camera, as the Lokayukta or the Upa-lokayukta, as the case may be, considers appropriate in the circumstances of the case.
(5) The Lokayukta or the Upa-lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if, in his opinion.
(a) the complaint is frivolous or vexatious or is not made in good faith;
(b) there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or
(c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
(6) In any case where the Lokayukta or an Upa-lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.
(7) The conduct of an investigation 11. Substituted for the words "under this Act" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [under this Act against a public servant] in respect of any action shall not affect such action, or any power or duty of 22. Substituted for the words "any public servant" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [any other public servant] to take further action with respect to any matter subject to the investigation.
Section10 Issue of search warrant, etc
(1) Where, in consequence of information in his possession, the Lokayukta or an Upa-lokayukta.
(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, 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) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection, he may by a search warrant authorise any Police Officer not below the rank of an 11. Substituted for the words and brackets "Inspector of Investigation (General) or Inspector of Police to" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [Inspector of Police to conduct a search or carryout an inspection in accordance therewith and in particular to].
(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;
22. Sub-clause (i-a) inserted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [(i-a) search any person who is reasonably suspected of concealing about his person any article for which search should be made.]
(ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available;
(iii) seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made extracts or copies there from; or
(v) make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a warrant issued by a Court under Section 93 of the Code of Criminal Procedure, 1973.
Section11 Evidence
(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 Upa-lokayukta may require any public servant or any other person who, in his opinion, is able to furnish information or produce documents relevent 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 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 discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) Any proceeding before the Lokayukta or an Upa-lokayukta shall be deemed to be a judicial proceeding within the meaning of Section 193 of the Indian Penal Code.
(4) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document.
(a) as might prejudice the affairs of the State of Karnataka or the security-or defence or international relations of India (including India's relations with the Government of any other country or with any international organisation);
(b) as might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet, and for the purpose of this sub-section, a certificate issued by the Chief Secretary certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive.
(5) For the purpose of investigation under this Act no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a Court.
Section12 Reports of Lokayukta, etc
(1) If, after investigation of any action 11. The words "in respect of which a complaint" omitted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [x x x x x] involving a grievance has been made, the Lokayukta or an Upa-lokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, the Lokayukta or an Upa-lokayukta 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.
(2) The Competent Authority to whom a report is sent under sub-section (1) shall, within one month of the expiry or the period specified in the report, intimate or cause to be intimated to the Lokayukta or the Upa-lokayukta the action taken on the report.
(3) If, after investigation of any action 22. The words "in respect of which a complaint" omitted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [x x x x x] involving an allegation has been made, the Lokayukta or an Upa-lokayukta is satisfied that such 11. Substituted for the words "can be substantiated" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [is substantiated] either wholly or partly, he shall by report in writing communicate his findings and recommendations along with the relevent documents, materials and other evidence to the Competent Authority.
(4) The Competent Authority shall examine the report forwarded to it under sub-section (3) and within three months of the date of receipt of the report, intimate or cause to be intimated to the Lokayukta or the Upa-lokayukta the action taken or proposed to be taken on the basis of the report.
(5) If the Lokayukta or the Upa-lokayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in sub-sections (1) and (3), he shall close the case under information to the complainant, the public servant and the Competent Authority concerned; but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the Competent Authority concerned and the complainant.
22. Substituted for the words "The Competent Authority may, either accept the declaration or reject it" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(6) The Lokayukta a shall present annually a consolidated report on the performance of his functions and that of the Upa-lokayukta under this Act to the Governor.]
(7) On receipt of the special report under sub-section (5), or the annualreport under sub-section (6), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature.
(8) The Lokayukta or an Upa-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 of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate.
Section13 Public servant to vacate office if directed by Lokayukta, etc
(1) Where after investigation into a complaint the Lokayukta or an Upa-lokayukta is satisfied that the complaint involving an allegation against the public servant 11. Substituted for the words "can be substantiated" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [is substantiated] and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upa-lokayukta shall make a declaration to that effect in his report under sub-section (3) of Section 12. 22. Substituted for the words "The Competent Authority may, either accept the declaration or reject it" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration. In other cases, the competent authority shall send a copy of such report to the State Government which may either accept or reject the declaration]. If it is not rejected within a period of three months from the date of receipt of the report 33. Substituted for the words, brackets and figures "under the said sub-section (3)" by Act No. 31 of 1986 and shall be deemed to have come into foroe w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or the copy of the report, as the case may be] it shall be deemed to have been accepted 44. The words "by the competent authority" omitted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] on the expiry of the said period of three months.
(2) If the declaration so made is accepted or is deemed to have been 55. Substituted for the words "accepted by the Competent Authority" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [accepted], the fact of such acceptance or the deemed acceptance 66. Substituted for the words "shall be intimated to the public servant by the competent authority and" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [shall, immediately be intimated by registered post by the Governor, the State Government or the Chief Minister if any of them is the competent authority and the State Govenment in other cases] then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned shall, with effect from the 77. Substituted for the words date of such acceptance or" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [date of intimation of such acceptance or of] the deemed acceptance of the declaration.
(i) if the Chief Minister or a Minister resigns his office of Chief Minister, or Minister, as the case may be;
11. Item (ii) substituted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(ii) if a public servant falling under items (e) and (f), but not falling under items (d) and (g) of clause (12) of Section 2, be deemed to have vacated his office; and]
(iii)22. Substituted for the words "if any official" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, vr.e.f. 29-11-2000. [if a public servant falling under items (d) and (g) of clause (12) of Section 2], be deemed to have been placed under suspension by an order of the Appointing Authority:
Provided that if the 33. Substituted for the word "official" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [public servant] is a Member of an All India Service as defined in Section 2 of the All India Services Act, 1951 (Central Act 61 of 1951) the State Government shall take action to keep him under suspension in accordance with the rules or regulations applicable to his service.
Section14 Initiation of prosecution
If after investigation into any complaint the Lokayukta or an Upa-lokayukta is satisfied that the public servant has committed any criminal offence 44. Substituted for the words "and that he should be prosecuted" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [and should be prosecuted] in 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.
Section15 Staff of Lokayukta, etc
11.Sub-section (1) substituted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000..
[(l) There shall be such officers and employees as may be prescribed to assist the Lokayukta and the Upa-lokayukta or the Upa-lokayuktas in the discharge or their functions under this Act.]
(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 22.The words "or an Upa-lokayukta or Upa-lokayuktas, as the case may be" omitted by Act No. 31 of 1986 and shall be and shall be deemed always to have been omitted and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [x x x x x.]
(3) Without prejudice to the provisions of sub-section (1), the Lokayukta or an Upa-lokayukta may for the purpose of conducting investigations un- der this Act utilise the services of.
33.Clauses (a) and (aa) substituted for clause (a) by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [(a) any officer or investigating agency of the State Government; or
(aa) any officer or investigating agency of the Central Government with the prior concurrence of that Government;
(b) any other agency.
44.Sub-section (4) and the proviso inserted by Act No. 31 of 1986 and shall be and shall be deemed always to have been inserted and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [(4) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokayukta:
Provided that when Lokayukta is unable to discharge his functions owing to absence, illness or any other cause, the Upa-lokayukta or if there are more than one Upa-lokayukta, the senior among them may discharge the functions of the Lokayukta under this sub-section.]
Section16 Secrecy of information
(1) Any information obtained by the Lokayukta or an Upa-lokayukta 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 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 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 Indian Penal Code or for purposes of trial of any offence under Section 14 or any proceedings under Section 17; or
(c) for such other purposes as may be prescribed.
Section17 Intentional insult or interruption to or bringing into disrepute the Lokayukta or Upa-lokayukta
(1) Whoever intentionally insults or causes any interruption to the Lokayukta or Upa-lokayukta while the Lokayukta or Upa-lokayukta 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 Upa-lokayukta 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 that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokayukta or the concerned Upa-lokayukta:
Provided that the Court may for any adequate and special reasons to be mentioned in the judgment impose a lesser sentence of imprisonment and fine.
Section17A Power to punish for contempt
11. Section 17-A inserted by Act No. 1 of 1988, w.e.f. 25-2-1988 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. The Lokayukta or Upa-lokayukta 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 Upa-lokayukta, as the case may be.]
Section18 Protection
(1) No suit, prosecution, or other legal proceedings shall lie against the Lokayukta or an Upa-lokayukta 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.
(2) No proceedings of the Lokayukta or an Upa-lokayukta shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokayukta or an Upa-lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any Court of ordinary civil jurisdiction.
Section19 Conferment of additional functions on Upa-lokayukta
(1) The Government may, by order, in writing and after consultation with an Upa-lokayukta, confer on the Upa-lokayukta 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 211. Inserted by Act No. 1 of 1988, w.e.f. 25-2-1988 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [other than those falling under clauses (ii) and (iv) of sub-section (1) of Section 7] in disciplinary or 22. Substituted for the words "other proceedings commenced" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [other proceedings transferred under sub-section (3) of Section 26 commenced] in furtherance of the recommendations of the Upa-lokayukta or otherwise.
(2) Where powers are conferred on an Upa-lokayukta under sub-section (1) such Upa-lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation 33. Substituted for the words "made on the complaint" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [made on a complaint] involving a grievance or an allegation, as the case may be, and the provisions of this Act shall apply accordingly.
Section20 Prosecution for false complaint
(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 of First Class shall take cognizance or an offence under sub-section (1).
44. Sub-section (2-A) inserted by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(2-A) No such Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom 55. Read for the words "false and frivolous" by Notification No. LAW 50 LGN 86, dated 11-5-1988 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [false, 11. Read for the words "the Lokayukta" by Notification No. LAW 50 LGN 86, dated 11-5-1988 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [the Lokayukta or Upa-lokayukta] as the case may be.]
(3) The prosecution in relation to an offence under sub-section (1) shall be conducted by the Public Prosecutor and all expenses connected with such prosecution shall be borne by the State Government.
Section21 Power to delegate
The Upa-lokayukta 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.
Section22 Public servants to submit property statements
(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 [those of the] members of his family.
(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 22. Substituted for the words "that of the" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [submit such statement the Lokayukta shall publish or cause to be published the names of such public servant] in three newspapers having wide publication in the State.
33. Substituted for the words "submit the statement of his assets and liabilities, he shall publish or cause to be published the name of such public servants" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Explanation]. In this section "family of a public servant" means the spouse and 44. Substituted for the word "Note" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [such children and parents of the public servant as are dependent on him.]
Section23 Power to make rules
(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 Upa-lokayukta;
(c) the form and manner in which 11. Substituted for the words "the Complaint" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [a complaint] may be made;
(d) the powers of a Civil Court which may be exercised by the Lokayukta or an Upa-lokayukta under clause (f) of sub-section (2) of Section 11;
(e) the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokayukta or Upa-lokayukta under sub-section (2) of Section 15;
(f) enquiries against 22. Substituted for the words "Government servant" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [Government servants] under Section 19;
(g) any other matter for which rules have to be made 33. Substituted for the words "or necessary" by Act No. 31 of 1986 and shall be deemed to have come into force w.e.f. 16-6-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [are necessary] under this Act.
44. Sub-section (2-A) inserted by Act No. 30 of 1991 and shall be deemed to have come into force w.e.f. 8-8-1991 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [(2-A) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature, subject to any modification made under sub-section (3) every rule made under this Act shall have effect as if enacted in this Act.]
(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of 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 or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that, any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule.
Section24 Removal of doubts
(1) For the removal of doubts it is hereby declared that nothing in this Act shall be construed as authorising the Lokayukta or an Upa-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 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.
(2) 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.
Section25 Removal of difficulties
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 11. Read for "item (f)" by Notification No. LAW 8 LGN 86, dated 24-1-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.. [item (g)] 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 Upa-lokayukta.
Section26 Repeal and savings
(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 Upa-lokayukta as if they were commenced before him under this Act.
(4) Notwithstanding anything contained in this Act initially the staff of the Lokayukta shall consist of the posts of the Secretary and other officers and employees of the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 immediately before the commencement of this Act and appointments to the said posts are hereby made by the transfer of the Secretary and other officers and employees of the State Vigilance Commission holding corresponding posts. The salaries, allowances and other terms and conditions of services of the said Secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act.
SCHEDULE 1 SCHEDULE
SCHEDULE[See Section 3 (3)] SCHEDULE
[See Section 3 (3)]
..I,.......having been appointed as Lokayukta/Upa-lokayukta 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.
SCHEDULE 2 SCHEDULE
SCHEDULE [See Section 8 (i) (a)] ……. SCHEDULE
[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.
RULE:
KARNATAKA LOKAYUKTA RULES, 1985
In exercise of the powers conferred by Section 23 of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985) the Government of Karnataka hereby makes the following rules, namely:
Rule1 Title and commencement
(1) These rules may be called the Karnataka Lokayukta Rules, 1985.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule2 Definitions
(1) In these rules unless the context otherwise requires.
(a) "Act" means the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985);
(b) "Complainant" means a person who makes a complaint under Section 9 of the Act;
(c) "Form" means a form appended to these rules;
11. Clause (cc) inserted by GSR 112, dated 16-4-1986. [(cc) "Registrar" means Registrar to the Lokayukta and includes an Additional Registrar, a Deputy Registrar and an Assistant Registrar;]
22. Clause (d) omitted by GSR 210, dated 10-8-1987, w.e.f. 15-10-1987. [(d) x x x x x]
(e) "Section" means section of the Act.
(2) All other words and expressions used in these rules but not defined shall have the same meaning respectively assigned to them in the Act.
Rule3 Competent Authority
33. Rule 3 substituted by GSR 210, dated 10-8-1987, w.e.f. 15-10-1987. In respect of the public servants referred to in sub-clause (d) of clause (4) of Section 2, the Government of Karnataka shall be the Competent Authority.
Rule4 Complaint
(1) Every complaint shall be made in Form I, signed by the complainant and shall be supported by his affidavit in Form II duly sworn to before any Judicial Magistrate First Class, Notary Public or any Gazetted Officer duly authorised to administer oaths.
44. Sub-rule (2) substituted by GSR 112, dated 16-4-1986. [(2) The complaint may be presented in person or sent by registered post to the Registrar. Such complaint shall be acknowledged by the Registrar specifying the name and designation of the public servant against whom such complaint is made.]
Rule5 Scrutiny and registration of complaints
55. Rule 5 substituted by GSR 112, dated 16-4-1986.
(1) On receipt of a complaint, the Registrar shall cause the particulars thereof to be entered in "the Register of complaints" in Form II-A.
(2) If the Registrar is of the opinion that any such complaint is not in conformity with the provisions of the Act or the rules or is otherwise defective, he shall issue a notice to the complainant in Form III to rectify the defect within the time specified in the notice:
Provided that the registrar may extend the time specified in the notice for sufficient cause.
(3) All complaints shall be placed before the Lokayukta or the Upa-lokayukta as the case may be, for orders, but complaints regarding which action has been taken under sub-rule (2) shall be placed only after the expiry of the period of time stipulated in the notice of the extended period, whether or not any defect pointed out by the Registrar has been rectified.
(4) Every person making a complaint under sub-rule (1) shall be informed of the gist of the orders passed under sub-rule (3), if no further action on the complaint is to be taken.
Rule6 Allowance and conditions of Service of Lokayukta and Upa-Lokayukta
11. Rule 6 renumbered as sub-rule (1) thereof by GSR 28, dated 19-1-1989 and shall be deemed to have come into force w.e.f. 8-7-1985 [22. Sub-rule (1) substituted by GSR 214, dated 3-11-1989 and shall be deemed to have come into force w.e.f. 8-7-1985 [(1)] Except as otherwise provided in these rules.
(i) allowances (excluding dearness allowance), pension and other conditions of service of Lokayukta shall be on par with those applicable to the Chief Justice of India;
(ii) allowances, (excluding the deamess allowance), pension and other conditions of service of Upa-lokayukta shall be on par with those applicable to a Judge of a High Court.]
33. Sub-rule (1-A) shall be and shall always be deemed to have been inserted by GSR 17, dated 29-1-1996 [(1-A) Notwithstanding anything contained in sub-rule (1) the Lokayukta and Upalokayukta shall be entitled to pension and D.C.R.G. in accordance with these rules, in addition to the pension and other benefits they may be entitled to, in respect of any previous service rendered by them under the Central Government or any other State Government.]
44. Sub-rule (2) inserted by GSR 28, dated 19-1-1989 and shall be deemed to have come into force w.e.f. 8-7-1985 [(2) In respect of each completed year of service there shall be credited.
(i) to the Lokayukta in his leave account seventy days on full al- lowances and ninety days on half allowances; and
(ii) to the Upa-lokayukta in his leave account forty-two days on full allowances and ninety days on half allowances.]
55. Sub-rules (3) to (10) inserted by GSR 214, dated 3-11-1989 and shall be deemed to have come into force w.e.f. 8-7-1985 [(3) Any leave with allowances availed of by the Lokayukta or an Upalokayukta at any time, when there is no such leave at his credit, shall be set off against any such leave credited to his account subsequently;]
(4) The Lokayukta or an Upalokayukta may at any time avail of any amount of leave out of the leave credited to his account as leave on fuld allowances and the monthly rate of leave allowances in that case, shall be equal to the monthly rate of his salary and other allowances for the entire period of such leave;
(5) The Lokayukta or an Upalokayukta shall have the option of commuting leave on half allowances into leave on full allowances at any time subject to the following conditions namely.
(a) The total period of leave on full allowances availed of by him under this sub-rule shall be in addition to the leave referred to in sub-rule (4), but during the whole period of his service it shall not exceed one-twenty fourth of the period last mentioned (including the period of leave on full allowances credited to his account) plus a maximum of three months on medical grounds; and
(b) the monthly rate of leave allowances payable to the Lokayukta and an Upa-lokayukta while on leave on full allowances under this sub-rule shall be governed by Section 9 of the Supreme Court Judges (conditions of service) Act, 1958 (Central Act 41 of 1958) and the High Court Judges (Conditions of Service) Act, 1954, (Central Act 28 of 1954) respectively.
(6) Out of the leave to which the Lokayukta or an Upa-lokayukta become entitled under the provisions of this rule, he shall be competent to sanction leave to himself or to revoke or curtail the leave already sanctioned;
(7) The balance of leave on the credit or debit side of the leave account of the Lokayukta or an Upa-lokayukta at the end of any calendar year shall be carried forward to the next calendar year without limit as to accumulation;
(8) The Lokayukta or an Upa-lokayukta shall be entitled to encashment of leave accumulated to his credit at the end of his service subject to a maximum ceiling of 11. Substituted for the figures "240" by Notification No. DPAR 103 SLU 99, dated 26-8-2000 and shall be deemed to have come into force w.e.f. 1-7-1997 [300] days on full allowances (inclusive of that resulting from commutation of leave on half allowances);
(9) The authority competent to grant leave not due, special disability leave or extraordinary leave to the Lokayukta or an Upa-lokayukta shall be the Governor;
(10) In addition to the leave credited to his account under sub-rule (2), the Lokayukta or an Upa-lokayukta may avail casual leave subject to the following conditions namely.
(a) such leave shall not be availed of except for unforeseen illness for urgent and unforeseen private business; and
(b) such leave shall not be availed of for more than 14 days in a calendar year or for a continuous period of more than 5 days.] 22. Notes (1) and (2) omitted by GSR 28, dated 19-1-1989 and shall be deemed to have come into force w.e.f. 8-7-1985 [Notes. x x x x x.]
Rule6A Official residence to Lokayukta and Upa-lokayukta
33. Rules 6-A and 6-B inserted by GSR 276, dated 26-12-1985.
(1) The Lokayukta and Upa-lokayukta shall be entitled to the use of free furnished official residence throughout the term of their office and for a further period of one month or for such extended period not exceeding two months as may be determined by the Government.
(2) The Official residence shall be maintained by the Government.
(3) If the Lokayukta or Upa-lokayukta dies while in service then the members of the family of the Lokayukta or Upa-lokayukta shall be entitled to the use of the official residence for a period of three months after such death.
(4) If the Lokayukta or Upa-lokayukta is not provided with the official residence immediately after his appointment he shall be entitled for reimbursement of the actual rent paid by him for the accommodation, if any, secured by him till the date of getting the official residence.
11. Sub-rules (5) and (6) inserted by Notification No. DPAR 58 SLU 96, dated 22-4-1997 and shall be deemed to have come into force w.e.f. 3-6-1996. [(5) Where the Lokayukta does not avail himself of the use of an official residence, he shall be paid every month, an allowance of 22. Substituted for the letters and figures "Rs. 3,000" by GSR 30, dated 1-6-1999 and shall be deemed to have come into force w.e.f. 8-1-1999. [Rs. 10,000] and shall be entitled to reimbursement of charges on account of water and electricity consumed for his residence to the extent of 4,320 kilolitres of water and 17,000 units of power per annum.
(6) Where an Upa-lokayukta does not avail himself of the use of an official residence, he shall be paid every month, an allowance of Rs. 2,500/- and shall be entitled to reimbursement of charges on account of water and electricity consumed for his residence to the extent of 3,600 kilolitres of water and 10,000 units of power per annum.]
Explanation.
(1) For the purpose of this rule and Rule 68, "family" means wife or husband of the Lokayukta or Upa- lokayuktha or their dependent children, parents, brothers and unmarried sisters.
(2) "Official residence" means an accommodation owned or taken on hire by requisition or otherwise, by the Government and allotted to the Lokayukta or Upa-lokayukta free of rent.
33. Item (3) under the heading "Explanation" substituted by GSR 18, dated 25-4-1998 and shall be deemed to have come into force w.e.f. 2-6-1997. [(3) "Maintenance" in relation to an official residence includes payment towards local taxes and consumption of water and electricity:
Provided that such payment towards consumption of water and electricity shall be limited to charges payable for a maximum of 4,320 kilolitres of water and 17,000 units of electricity per annum in the case of the Lokayukta and charges payable for a maximum of 3,600 kilolitres of water and 10,000 units of electricity per annum in the case of Upa-lokayukta.]
Rule6B Penal rent for overstay after the Lokayukta or Upa-lokayukta ceases to hold office, etc
If the Lokayukta or Upa-lokayukta or the members of his family continue to occupy the official residence beyond the period specified under Rule 6-A, penal rent at the rate of fifty per cent of the salary which the Lokayukta or Upa-lokayukta would have received had he continued in office, shall be paid for each month of such overstay.
Rule7 Property Statement
The statement of assets and liabilities under Section 22 shall be in Form IV.
SCHEDULE 1 SCHEDULE
Form 1 Complaint
FORM
[See Rule 4(1)]
FORM 1
Complaint
[See Rule 4(1)]
Before the Lokayukta/Upa-lokayukta for
Karnataka
1.
Name and
address of the complainant for all correspondence in respect of the complaint;
2.
Name and
address of the Public Servant complained against;
3.
Brief
facts relating to the action complained of;
(complainant's affidavit in the Form II to be enclosed)
4.
If
the complainant or the person for whom he is acting is aggrieved, the nature of the grievance
should be specifically mentioned;
5.
Name and addresses of the witnesses whom the complainant desires to examine
in support of the allegations;
6.
Particulars of the documents relied upon by the complainant in support of the allegation;
7.
If the documents relied upon or their true copies are available with the complainant
they should be enclosed and details thereof should be furnished;
8.
If the documents
relied upon are not in the custody of or cannot be produced by the complainant, the office or other place or individual from whom they may be secured, should be
specified.
9.
Were
the facts stated in Item 3 the subject matter of any previous complaint to
any authority including the Lokayukta or the Upa- lokayukta or of any suit,
petition or other proceeding whatsoever before a Court of Law or other Tribunal or an
Officer
of a Government if so give particulars of the [remedies sought or granted.
10. Remarks, if any:
Place: Signature or the thumb mark of
Dated: the
complainant.
Form 2 Complainant's Affidavit
FORM
[See Rule 4(i)]
FORM 2
Complainant's
Affidavit
[See Rule 4(i)]
Before the
Lokayukta/Upa-lokayukta for Karnataka
I,.................. son of Shri.................. Aged.................. years, profession.................. resident
of Taluka.................. District.................. at present at.................. Taluka.................. District. do hereby solemnly affirm and state as follows.
1.
That
I am the complainant in this case.
2.
I
have enclosed hereto a complaint making allegations against Sri/Srimathi. The
contents of my complaint may be read as part and parcel of this affidavit.
3.
That the statements
of this complaint petition have been read by/read over to me and understood by me and that I declare and affirm that they are true to the best of my knowledge, information
and belief.
Dated
Signature
of the Deponent.
Solemnly
affirmed before me this.. day of..
198 at
Signature.
Form 2A Register of Complaints
FORM
[See Rule 5(i)]
FORM 2A
[See Rule 5(i)]
Register of Complaints
1.
Sl. No.;
2.
Date of receipt of the complaint;
3.
Complainant's name and address;
4.
Name and address of
the public servant complained against;
5.
If the public
servant complained against is a Government employee, the group of service to which he
belongs;
6.
Whether the complaint contains an allegation or grievance;
7.
Date of final disposal;
8.
Result;
9.
Manner
of implementation of final order.
Form 3 Before the Lokayukta/Upalokayukta for Karnataka, Bangalore
FORM
[See Rule 5]
FORM 3
[See Rule 5]
Before the Lokayukta/Upalokayukta for Karnataka, Bangalore
To
Sri/Srimathi........................
Sir/Madam
Subject:
With reference to
your [complaint] dated on the above
subject, I have to state that
the same has been found to suffer from the following deffects.
(a).............................
(b).............................
(c)............................
(d).............................
You are hereby required to rectify the
defects pointed out above, within . days from the date of receipt of this letter by you, failing which the said [complaint] shall be placed for orders [as required under
sub-rule (3) of Rule 5] before the Lokayukta/Upa-lokayukta.
Yours faithfully,
Bangalore: Registrar
to the Lokayukta
Dated: Karnataka,
Bangalore".
Form 3A FORM
FORM
[See Rule 7]
FORM 4
[See Rule 7]
Statement of Assets and Liabilities filed by................. (here specify the name and designation of the Public Servant) for the year..........................................
(Note. every column appearing in the form has
to be filled in) in words,
not by dashes and dots).
1.
The permanent address (with Telephone No. if any) of the Public Servant;
2.
Names
of the members of the Family of the Public Servant and his relationship
with each of them;
3.
Present
monthly income.
A. Statement of Assets and Liabilities of the Public Servant.
4.
Cash
and other Liquid Assets:
(a)
Cash;
(b)
Bank deposits;
(c)
Bank Accounts;
(d)
Post Office Accounts;
(e)
National Savings Certificates and other certificates obtained through the Post
Office;
(f)
Units of Unit Trust of India;
(g)
Government
and other securities;
(h) Shares, Debentures or Deposits in companies;
(i) Money advanced to others as loan or
otherwise;
(j) Insurance Polices and Provident Funds;
(k) Other investments not being
investments in immovable property.
Note. The above
details shall be in tabular form indicating the date, cost and source of
acquisition, the particulars of the assets sufficient to identify them and the person with whom or
place where they are kept.
5.
Moveable property
other than that covered by Item 4.
(a)
Jewellery and Bullion;
(b)
Vehicles;
(c)
Video Cassette Players;
(d)
Refrigerators;
(e)
Air Conditioners;
(f)
Television
Sets;
(g)
Video
Cassette Recorder;
(h)
Antiques;
(i)
Silverware;
(j)
Business
Concerns;
(k)
Livestock;
(l)
Other
Household goods including furniture costing more than Rs. 5,000 each.
6.
Immovable
property.
(a)
Agricultural lands;
(b)
Non-agricultural lands which have not been built upon;
(c)
Buildings;
(d)
Other immovable property.
Note. The information to be given shall be in tabular form
stating the cost, date and source of the
acquisition of the property and the interest of the public servant therein its
situation and particulars sufficient to identify it.
7.
Liabilities.
(a)
Nature, extent and other particulars of liability and the date
when it
was incurred;
(b)
Name and address of the person to whom the public servant is
liable.
8.
Statement
of Assets and Liabilities of the Members of the family
of the Public Servant.
(Here give the details of property as
required by Items 4 to 7, separately for
each member of the family)
I, do hereby solemnly declare that the information furnished above is true, and that nothing relevant
has been omitted there from.
Station: Signature of the Public Servant
Designation |
