ANDHRA PRADESH LOKAYUKTA AND UPA LOKAYUKTA ACT, 1983
11 of 1983
An Act to make provision for the appointment and functions of Lokayukta and Upa lokayukta for investigation of Administrative action taken by or on behalf of the Government of Andhra Pradesh or certain Local and Public Authorities in the State of Andhra Pradesh (including any omission and commission in connection with or arising out of such action) in certain cases and for matters connected therewith. Be it enacted by the Legislature of State of Andhra Pradesh in the Thirty fourth Year of the Republic of India follows
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification publish in the Andhra Pradesh Gazette, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires, (a) "action" means action taken by a public servant in the discharge of his functions as such public servant, by way of decision, recommendation or finding or in any other manner, and includes any omission and commission in connection with or arising out of such action; and all other expressions connecting action shall be construed accordingly;
(b) "allegation" in relation to a public servant means any affirmation that such public servant,
(i) has abused his position as such, to obtain any gain or favour to himself or to any other person, or to cause undue harm or hardship to any other person; (ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motive and thereby caused to the State or any member or section of the public; or (iii) is guilty of corruption, or lack of integrity in his capacity as such Public servant;
(c) "competent authority" in relation to a public servant, means,
(i) in the case of a Minister Chief Secretary or Secretary -- The Chief Minister. (ii) in the case of a Member of either House of the State Legislature -- The Speaker of the Legislative Assembly or as the case may be the Chairman of the Legislative Council. (iii) in the case of any other public servant -- Such authority as may be prescribed.
(d) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;
(e) "Government" means the State Government;
(f) "Lokayukta" means a person appointed to be Lokayukta under Section 3;
(g) "Minister" means a member (other than the Chief Minister) of the Council of Ministers, whether present or past, for the State of Andhra Pradesh and includes a Minister of State, a Deputy Minister or a Parliamentary Secretary;
(h) "notification" means a notification published in the Pradesh Gazette and the expression "notified" shall be construed accordingly;
(i) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Andhra Pradesh, but does not include a person holding a post carrying a minimum scale of pay of rupees seven thousand four hundred and below of the Revised Scales of pay, 1999 or the corresponding revision of Scale of pay as and when such revision takes place from time to time;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public servant" means a person falling under any of the following descriptions, namely:
(i) every Minister referred to in clause (g); (ii) every Member of either House of the State Legislature, including the Chief Whip in the Assembly and the Chief Whip in the Council, whether present or past; (iii) every officer referred to in clause (i); (iv) (1) every Chairman of a Zilla Parishad, and every President of a Panchayat Samithi, constituted by or under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959; (2) every Mayor of the Municipal Corporation constituted by or under the relevant law for the time being in force; (3) every Chairman of a Municipal Council constituted or, deemed to be constituted under the Andhra Pradesh Municipalities Act, 1965, other than that of second and third grade Municipalities;
(v) every Chairman or President, by whatever name called of the governing body to which the Management is entrusted and every director, if any in respect of (1) any local authority in the State; (2) any Corporation (not being a local authority) established by or under State Act and owned controlled by the Government; (3) any Government Company within the meaning of Section 617 of the Companies Act, 1956 (4) any society registered under the Societies Registration Act, 1860 or the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 F. which is subject to the control of the Government; (5) any co operative society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 whose area of operation extends to the whole of the State or is confined to a part of the State extending to an area not less than a district;
(vi) every Vice Chancellor and every Registrar, of a University in the State, established by law made by the State Legislature;
(l) "Secretary" means a Secretary to the Government, and includes the Principal Secretary, a Second Secretary, a Special Secretary,an Additional Secretary and a Joint Secretary;
(m) "Upa Lokayukta" means a person appointed to be the Upa Lokayukta under Section 3.
Section 3 Appointment of Lokayukta and Upa Lokayukta
(1) For the purpose of conducting investigation in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and one or more persons to be known as the Upa Lokayukta or Upa Lokayuktas; Provided that -
(a) the person to be appointed as the Lokayukta shall be a Judge or a retired Chief Justice of a High Court; (b) the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court concerned; (c) the Upa Lokayukta shall by appointed from among the District Judges of Grade I, out of a panel of five names forwarded by the Chief Justice of the High Court of Andhra Pradesh.
(2)
(i) Every person appointed to be the Lokayukta shall, before entering upon his office, make and subscribe, before the Governor an oath or affirmation according to the form setout for the purpose in the First Schedule. (ii) Every person appointed to be the Upa-Lokayukta shall, before entering upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form set-out for the purpose in the First Schedule.
(3) The Upa Lokayukta shall function under the administrative control of the Lokayukta and in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue such general or special directions, as he may consider necessary, to the Upa Lokayukta:
Provided that nothing in this section shall be construed to authorise the Lokayukta to question any decision, finding, or recommendation of the Upa Lokayukta.
Section 4 Lokayukta or Upa Lokayukta to hold no other office
(1) The Lokayukta or Upa Lokayukta shall not be a member of either House of Parliament or of a House of the Legislature of any State, nor shall he hold any office of trust or profit (other than his office as the Lokayukta or, as the case may be, Upa Lokayukta) or shall be connected with any political party, or shall carry on any business or practice any profession.
(2) A person appointed to be the Lokayukta or, as the case may be, the Upa Lokayukta, shall, before he enters upon his office
(a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or (b) if he holds any office of trust or profit, cease to hold such office by resignation or otherwise ;or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carrying on any business, discontinue his participation (short of divesting himself of ownership) in the conduct and management of such business; or (e) if he is practicing any profession, suspend to practise such profession.
Section 5 Term of office and other conditions of service of Lokayukta and Upa Lokayukta
(1) Every person appointed to be the Lokayukta or Upa Lokayukta shall hold office for a term of five years from the date on which he enters upon his office; Provided that
(a) the Lokayukta or Upa Lokayukta may by writing under his hand and addressed to the Governor, resign his office; (b) the Lokayukta or Upa Lokayukta may be removed from his office in the manner specified in Section 6.
(2) If the office of the Lokayukta or Upa Lokayukta becomes vacant, or if the Lokayukta or Upa Lokayukta is, by reason of absence or for any other reason whatsoever, unable to perform the duties of his office,those duties,shall until some other person is appointed under section 3 and enters upon such office or as the case may be, until the Lokayukta or Upa Lokayukta resumes his duties, be performed,
(a) where the office of the Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by the Upa Lokayukta or if there are two or more Upa Lokayuktas, by such one of the Upa Lokayuktas as the Governor may, by order, direct; (b) where the office of the Upa Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office by the Lokayukta himself or if the Lokayukta so directs, by the other Upa Lokayukta or as the case may be, such one of the other Upa Lokayuktas as may be specified in the direction.
(3) On ceasing to hold office, the Lokayukta or Upa Lokayukta shall be ineligible for reappointment to that office and also for further employment for a period of five years either under the Government or any such local authority , Corporation, Government Company or society as is referred to in sub clause (v) of Clause (k) of Section 2.
(4) The salary payable to the lokayukta or upa Lokayukta in respect of the time spent on actual service shall respectively be the same as those of the Chief Justice or a Judge of the High Court of Andhra Pradesh.
(5) The allowances and pension payable to and other conditions of service of the Lokayukta or Upa Lokayukta shall respectively be the same as those of the Chief Justice or a judge of High Court of Andhra Pradesh.
Provided that the allowances and pension payable to, and other conditions service of, the Lokayukta or Upa Lokayukta shall not be varied to his disadvantage after his appointment.
Section 6 Removal of Lokayukta or Upa Lokayukta
(1) The lokayukta or Upa Lokayukta may be removed from his office by the Governor on the ground of misbehaviour or incapacity and on no other ground: Provided that no Lokayukta or Upa Lokayukta shall be so removed except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges; Provided further that any such inquiry
(i) in respect of Lokayukta, shall be held only by a person appointed by the Governor being a person who is or has been a Judge of the Supreme court or the Chief Justice of a High Court ; and (ii) in respect of Upa Lokayukta, shall be held only by a person appointed by the Governor, being a person who is or has been a Judge of the Supreme Court or who is or has been a Judge of the High Court of Andhra Pradesh.
(2) The person appointed under the proviso to sub section (1) shall submit the report of his inquiry to the Governor who shall, an soon as may be, but not later than six months, cause it to be laid before each House of the State Legislature.
(3) Notwithstanding anything in sub section (1), the Governor shall not remove the Lokayukta or Upa Lokayukta unless an address by each House of the State Legislature supported by a majority of the total membership of that House and 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.
Section 7 Matters which may be investigated by Lokayukta or Upa Lokayukta
(1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of, or at behest of,
(i) a Minister or a Secretary; or (ii) a Member of either House of the State Legislature; or (iii) a Mayor of the Municipal Corporation constituted by or under the relevant law for the time being in force; or (iv) any other public servant, belonging to such class or section of public servants, as may be notified by the Government in this behalf after consulation with the Lokayukta, in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Lokayukta, the subject of an allegation.
(2) Subject to the provisions of this Act, the Upa Lokayukta may investigate any action which is taken by, or with the general or specific approval of, any public servant, other than those referred to in sub section (1), in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been in the opinion of the Upa Lokayukta, the subject of an allegation.
(3) Notwithstanding anything in sub section (2), the Lokayukta may, for reasons to be recorded in writing , investigate any allegation in respect of an action which may be investigated by the Upa Lokayukta under that sub section, whether or not complaint has been made to the Lokayukta in respect of such action.
(4) Where two or more Upa Lokayuktas are appointed under this Act, the 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 the Upa Lokayukta under this Act and no action taken or thing done by him in respect of such investigation shall be called in question on the ground only that such investigation relates to a matter which is not assigned to him by such order.
Section 8 Matters not subject to investigation by Lokayukta or Upa Lokayukta
(1) The Lokayukta or Upa Lokayukta shall not investigate any allegation,
(a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850; (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952; In case where the Lokayukta or Upa Lokayukta, as the case may be has given his prior concurrence for such inquiry: Provided that if, on an application for such concurrence, no intimation of withholding it is communicated within ninety days after the receipt of the application by the Lokayukta or Upa Lokayukta, as the case may be, the concurrence shall be deemed to have been given.
(2) The Lokayukta or Upa Lokayukta shall not investigate any complaint involving an allegation, if the complaint is made after the expiry of six years from the date on which the action complained against is alleged to have taken place.
Section 9 Provision relating to complaints
(1) Subject to the provisions of this Act, a complaint may be made by any person under this Act to the Lokayukta or Upa Lokayukta relating to an allegation in respect of any action: Provided that where the person aggrieved is dead or is for any reason unable to act for himself, the complaint may be made by any person who in law represents his estate, or as the case may be, by any person who is authorised by him in this behalf.
(2) Every complaint shall be made in such form, and shall be accompanied by such affidavits as may be prescribed.
(3) Notwithstanding anything in any other law for the time being in force, any letter written to the Lokayukta or Upa Lokayukta by a person in police custody, or in a goal or in any asylum, or other place for insane persons shall be forwarded to the addressee unopened and without delay by the police officer or other person in charge of such goal, asylum or other place and the Lokayukta or Upa Lokayukta, as the case may be, may, treat such letter as a complaint made in accordance with the provisions of sub section (2).
Section 10 Procedure in respect of investigations
(1) Where the Lokayukta or Upa Lokayukta after making such preliminary verification as he deems fit, proposes to conduct any investigation under this Act, he
(a) shall forward a copy of the complaint or, in the case or any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the public servant concerned and the competent authority concerned; (b) shall afford to the public servant concerned an opportunity to offer his comments on such complaint or statement; and (c) may make such orders as to the safe custody of documents relevant to the investigation as he deems fit.
(2)
(a) Every preliminary verification referred to in sub section (1) shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the said preliminary verification shall not be disclosed to the public or the press whether before or during the preliminary verification,but every investigation referred to in sub section (1) shall be conducted in public; Provided that the Lokayukta or Upa Lokayukta may conduct any such investigation in private, if he, for reasons to be recorded in writing thinks to do so. (b) Every such investigation shall be completed within a period of six months unless there is sufficient cause for not completing the investigation within that period, so however, that the total period for completing such investigation shall not exceed one year.
(3) Save as aforesaid, the procedure for conducting any investigation shall be such as the Lokayukta or, as the case may be, the Upa Lokayukta considers appropriate in the circumstances of each case.
(4) The Lokayukta or Upa Lokayukta may, in his discretion, refuse to investigate or discontinue the investigation of any complaint involving any allegation if in his opinion
(a) the complaint is frivolous or vexatious, or is not made in good faith; or (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 complianant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
(5) In any case where the Lokayukta or Upa Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of the complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.
Section 11 Evidence
(1) Subject to the other provisions of this section, for the purpose of any investigation (including the preliminary verification if any, before such investigation) made under this Act, the Lokayukta or Upa Lokayukta may require any public servant or any other person, who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.
(2) For the purpose of any such investigation (including the preliminary verification) the Lokayukta or Upa Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath. (b) requiring the 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 proceedings before the Lokayukta or Upa Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860.
(4) Subject to the provisions of sub section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servants, whether imposed by or under any law or by any instrument having the force of law, shall apply to the disclosure of information for the purpose of any investigation made under this Act and the Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any law or instrument as aforesaid in legal proceedings:
Provided that no person shall be compelled for the purpose of any investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a court.
(5) 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 security or defence or international relations of India (including India s relations with the Government of any other country or with any international organisation) or (b) as might involve the disclosure of proceedings of the Council of Ministers of the Government or any Committee of that Council; and for the purpose of this sub section a certificate issued by the Chief Secretary to the Government 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.
Section 12 Reports of Lokayukta and Upa Lokayukta (1) If, after investigation of any allegation in respect of any action under this Act, the Lokayukta or Upa Lokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall by a report in writing, communicate his findings and recommendations along with the relevant documents, materials or other evidence to the competent authority.
(2) The competent authority shall examine the report forwarded to it under sub section (1) and without any further inquiry, take action on the basis of the recommendation and intimate within three months of the date of receipt of the report, the Lokayukta or, as the case may be the Upa Lokayukta the action taken or proposed to be taken on the basis of the report.
(3) Where in a report forwarded by the Lokayukta or Upa Lokayukta, any recommendation imposing the penalty of removal from the office of a public servant falling within sub clause (iv) or sub clause (v) of clause (k) of Section 2 has been made, it shall be lawful for the Government without any further inquiry to take action on the basis of the said recommendation for the removal of such public servant from his office and for making him ineligible for being elected to any office specified by the Government in this behalf, notwithstanding anything contained in any law for the time being in force.
(4) If the Lokayukta or Upa Lokayukta is satisfied with the action taken or proposed to be taken on his findings and recommendations referred to in sub section (1), he shall close the case under intimation 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 complainant.
(5) The Lokayukta and the Upa Lokayukta shall present annually a consolidated report on the work done under this Act to the Governor.
(6) On receipt of the special report under sub section (4) or the annual report under sub section (5), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature.
(7) Subject to the provisions of sub section (2) of Section 10, the Lokayukta may, at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him or by the Upa Lokayukta, which may appear to him to be of a general, public, academic or professional interest, in such manner and to such persons as he may deem appropriate.
Section 13 Prosecution for false complaints
(1) Notwithstanding anything in Section 10 or any other provisions of this Act whoever wilfully or maliciously makes any false complaint under this Act, shall on conviction be punished with imprisonment for a term which may extend to one year and shall also be liable to fine.
(2) No Court, except a court of the judicial magistrate of the first class shall take cognizance of the offence under sub section (1).
(3) No such Court shall take cognizance of any such offence except on a complaint made by a person against whom false complaint was made, and after obtaining the previous sanction of the Lokayukta or Upa Lokayukta, as the case may be.
(4) Such Court, on conviction of the person making false complaint may award, out of the amount of the fine, to the complainant such amount of the compensation as it thinks fit.
Section 14 Staff of Lokayukta and Upa Lokayukta
(1) The Lokayukta may appoint, or authorise Upa Lokayukta or any officer subordinate to the Lokayukta or Upa Lokayukta to appoint, officers and other employees to assist the Lokayukta and the Upa Lokayuktas in the discharge of their functions under this Act.
(2) The categories of officers and employees who may be appointed under sub section (1), their salaries, allowances and other conditions or service and the administrative powers of the Lokayukta and Upa Lokayuktas shall be such as may be prescribed, after consultation with the Lokayukta.
(3) Without prejudice to the provisions of sub section (1), the Lokayukta or Upa Lokayukta may, for the purpose of conducting investigations under this Act, utilise in such manner as may be prescribed the services of,
(i) any officer or investigation agency of the State Government or the Central Government with the concurrence of that Government; or (ii) any other person or agency.
Section 15 Secrecy of Information
(1) Any information obtained by the Lokayukta or Upa Lokayukta or any member of their staff in the course of, or for the purposes, of, any preliminary verification made under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub section (2) of Section 10, be treated as confidential; and not withstanding anything in the Indian Evidence Act, 1872, no court shall be entitled to compel the Lokayukta or Upa Lokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected.
(2) Nothing in sub section (1) shall apply to the disclosure of any information or particulars:
(a) for purposes of the investigation or in any report to be made thereon or for any action or proceedings to be taken on such report; or (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, 1860 or for purposes of any trial of an offence under Section 13 or any proceedings under Section 16, of this Act, or (c) for such other purposes as may be prescribed.
(3) An officer or other authority prescribed in this behalf may give notice in writing to the Lokayukta or Upa Lokayukta, as the case may be, with respect to any document or information specified in the notice or any class of documents so specified, that in the opinion of the Government the disclosure of the documents or class of documents or information would be prejudicial to public interest; and where such a notice is given the Lokayukta or Upa Lokayukta may, for reasons to be recorded, decide as to whether the disclosure of such document or class of documents or information involves public interest. In case the disclosure of any document or information so specified is held to involve public interest, the Lokayukta, the Upa Lokayukta or any member of their staff shall not communicate to any person any such document or information.
Section 16 Intentional insult or interruption to, or bringing into disrepute Lokayukta or Upa Lokayukta
(1) Whoever, intentionally offers any insult or causes any interruption to the Lokayukta or Upa Lokayukta while the Lokayukta or Upa Lokayukta is conducting any investigation under this Act, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine or with both.
(2) Whoever, by words spoken or intended to be read makes or publishes any statement or does any other act, which is calculated to bring the Lokayukta or Upa Lokayukta into disrepute, shall, on conviction be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
(3) The provisions of Section 199 of the Code of Criminal Procedure, 1973, shall apply in relation to an offence under sub section (1) or sub section (2) as they apply in relation to an offence referred in sub section (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
(a) in the case of an offence against the Lokayukta, of the Lokayukta; (b) in the case of an offence against Upa Lokayukta of the Upa Lokayukta concerned.
Section 17 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against the Lokayukta or Upa Lokayukta or against any officer, employee, agency or person referred to in Section 14 in respect of anything which is in good faith done or intended to be done under this Act.
(2) No proceedings of the Lokayukta or Upa Lokayukta shall be deemed to be invalid by reason only of a defect or infirmity in his appointment or with the conduct of the proceedings.
(3) No proceedings, decision, finding or recommendation of Lokayakta or Upa Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court or tribunal.
Section 18 Conferment of additional functions on Lokayukta and Upa Lokayukta etc.
(1) The Governor may, by a notification and after consultation with the Lokayukta, confer on the Lokayukta or Upa Lokayukta, as the case may be, such additional functions in relation to the eradication of corruption as may be specified in the notification.
(2) The Governor may, by order in writing and after consultation with the Lokayukta, confer on the Lokayukta or Upa Lokayukta such powers of supervision over agencies, authorities or officers set up, constituted or appointed by the Government for the eradication of corruption.
(3) The Governor may, by order in writing and subject to such conditions and limitations as may be specified therein, require the Lokayukta to investigate any action (being action in respect of which a complaint may be made under this Act, to the Lokayukta or Upa Lokayukta) and notwithstanding anything in this Act the Lokayukta shall comply with such order;
Provided that the Lokayukta may entrust investigation of any such action (being action in respect of which a complaint may be made under this Act, to the Upa Lokayukta) to the Upa Lokayukta.
(4) When any additional functions are conferred on the Lokayukta or Upa Lokayukta under sub section (1) or when the Lokayukta or Upa Lokayukta is to investigate any action under sub section (3), the Lokayukta or Upa Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation made on a complaint involving an allegation, and the provisions of this Act shall apply accordingly.
Section 19 Power to delegate
The Lokayukta or Upa Lokayukta may, by general or special order, in writing, direct that any powers or duties of administrative nature (except the power to make reports to the Governor under Section 12), may also be exercised or discharged by such of the officers, employees or agencies referred to in Section 14, as may be specified in the order.
Section 20 Power to make rules
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for
(a) the authorities for the purpose required to be prescribed under sub clause (iii) of clause (c) of section 2; (b) the allowances and pension payable to and other conditions of service of, the Lokayukta and Upa Lokayukta; (c) the form in which complaints may be made and the fees if any, which may be charged in respect thereof; (d) the powers of Civil Court which may be exercised by the Lokayukta or Upa Lokayukta; (e) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Government necessary for the proper implementation of this Act.
(3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in the session, immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, both. Houses agree in making any modification the rule or in the annulment of the rule, the rule shall from the date on which such modification or annulment is notified have effect only in such modified form or have no effect as the case may be; so however, that any such modification or annulment shall be without pre judice to the validity of anything previously done under that rule.
Section 21 Removal of doubts
For the removal of doubts, it is hereby declared that nothing in this Act shall be construed to authorise the Lokayukta or Upa Lokayukta to investigate any allegation against (a) the Chief Justice or any Judge of the High Court or a member of the Judicial service as defined in clause (b) of article 236 of the Constitution;
(b) any officer of servant of any court in the State;
(c) the Accountant General, Andhra Pradesh;
(d) the Chairman or a member of the Andhra Pradesh Public Service Commission;
(e) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in the article 324 of the Constitution and the Chief Electoral Officer of the State of Andhra Pradesh;
(f) the Speaker and the Deputy Speaker of the Legislative Assembly and Chairman and the Deputy Chairman of the Legislative Council and the staff of the Legislature Secretariat;
(g) the Chairman or member of the Andhra Pradesh Administrative Tribunal.
(h) any officer or servant of the Andhra Pradesh Administrative Tribunal.
Section 22 Savings
The provisions of this Act shall be in addition to the provisions of any other enactment or any rule of law under which remedy in any other manner is available to a person making a complaint under this Act and nothing in this Act shall limit of affect the right of such person to avail of such remedy.
SCHEDULE 1 SCHEDULE
FIRST SCHEDULE
See Section 3(2)
I........................having been appointed to be Lokayukta Upa Lokayukta do swear in the name of God solemnly affirm that will bear true faith and allegiance to the Constitution of India as by law established; and will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear and favour, affection of ill will.
RULE:
ANDHRA PRADESH LOKAYUKTA AND UPA LOKAYUKTA (COMPETENT AUTHORITY) RULES, 1984
In exercise of the powers conferred by Section 20 read with sub clause (iii) of clause (c) of Section 2 of Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act No. 11 of 1983), the Governor of Andhra Pradesh hereby makes the following rules relating to Competent Authority in respect of other Public Servants for the purpose of the sub clause (iii).
Rule 1 Short title, commencement and application
(1) These rules may be called the Andhra Pradesh Lokayukta and Upa Lokayukta (Competent Authority) Rules, 1984.
(2) They shall come into force at once.
(3) They shall apply to all public servants other than a Minister Chief Secretary or Secretary, a Member of either House of the State Legislature specified in sub clauses (i) and (ii) of clause (c) of Section 2 read with clause (iv) of sub section (1) of Section 7 of the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires,
(i) "Act" means the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act No. 11 of 1983);
(ii) "section" means a section of the Act.
(2) Words and expressions used in these rules but not defined herein shall have the same meaning as are assigned to them under the Act.
Rule 3 Competent Authority
The following shall be the competent authority in relation to the public servant specified in sub clause (iii) of clause (c) of Section 2.
ANDHRA PRADESH LOKAYUKTA AND UPA LOKAYUKTA (INVESTIGATIONS) RULES, 1984
ANDHRA PRADESH LOKAYUKTA AND UPA LOKAYUKTA (INVESTIGATIONS) RULES, 1984
CHAPTER 1 Preliminary
Rule 1 Short title
These rules may be called the Andhra Pradesh Lokayukta and Upa Lokayukta (Investigations) Rules, 1984.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires,
(i) "Act" means the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act No. 11 of 1983); (ii) "complainant" means any person by whom a complaint is made under Section 9 of the Act; (iii) "complaint" means a statement made in writing to the Lokayukta or Upa Lokayukta by a complainant containing an allegation against a public servant in respect of an action taken by such public servant; (iv) "form" means a form appended to these rules; (v) "governor" means the Governor of Andhra Pradesh; v-A Institution means the Institution of Lokayukta and Upa Lokayukta of Andhra Pradesh." (vi) "investigation" means, any inquiry or other proceedings conducted by the Lokayukta or Upa Lokayukta in connection with the complaint, or on his own motion or under the orders of the Governor but shall not include preliminary verification: (vii) "person aggrieved" means a person who sustained injustice; or undue hardship in consequence of any act of a public servant falling with in the scope of sub clauses (i), (ii) or (iii) of clause (b) of Section 2 of the Act; (viii) "preliminary" verification means any inquiry or other proceedings conducted by the Lokayukta or Upa Lokayukta in connection with a complaint or on his own motion for the purpose of satisfying himself as to whether there are any grounds for conducting an investigation into such complaint; (ix) "Registrar" means the principal administrative officer of the establishment of the Lokayukta and Upa Lokayukta and appointed by the Lokayukta under sub section 14 of the Act; (x) "state" means the State of Andhra Pradesh.
(2) words and expressions used in these rules but not defined herein shall have the same meaning as assigned to them under the Constitution of India and the Act.
CHAPTER 2 CHAPTER
Rule 3 Complaint
(1) A complaint shall be signed by the complainant and shall be made in Form 1 accompanied by his own affidavit in Form II and affidavits of his witnesses, if any duly affirmed and attested by a Gazetted Officer, village munsif or patel, member of the State Legislature, Advocate , Notary Public, Sarpanch, or a Central Nazir or Deputy Nazir governed by the Andhra Pradesh Judicial Ministerial Service Rules.
Provided that the Lok Ayukta or the Upa Lok Ayukta, as the case may be, may in his discretion permit the filing of forms I and II on any day subsequent to the date of filling of the original complaint;
(2) Every complaint shall be accompanied by a Money Order, Banker s Cheque, or Demand Draft drawn in favour of the Registrar of the Institution on any Bank having a branch at Hyderabad for Rupee Twenty Five or cash of Rupee Twenty Five.
Provided that the Lok Ayukta or Upa Lok Ayukta may in his discretion extend time or making the payment as specified above or for sufficient cause to be recorded in writing may exempt the complainant from the requirement of this sub rule.
(3) A complaint may be presented in person to the Registrar or any other officer on duty authorised by him in this behalf or be sent by registered post.
Rule 4 Scrutiny of complaint
(1) As soon as may be after presentation or receipt of the complaint, it shall be scrutinised by such member of staff of the Lokayukta as may be specially authorised in that behalf by the Lokayukta.
(2) If on scrutiny of the complaint, it is found to be defective or deficient in any of the required particulars, the complainant shall be called upon in Form III to rectify the defects or supply the omissions within ten days or such further time as may be granted in his discretion by the Lokayukta or Upa Lokayukta, as the case may, be.
(3) If the defects are not rectified and or the omissions are not supplied within the time specified or such further time as may be granted by the Lokayukta or Upa Lokayukta, as the case may be, the Lokayukta or Upa Lokayukta may reject the complaint and inform the complainant in Form IV.
(4) The complaint shall also be liable for rejection in limine by the Lokayukta, or Upa Lokayukta as the case may be for any of the following reasons, namely:
(a) that the complaint does not disclose an allegation which may be investigated by the Lokayukta or Upa Lokayukta, as the case may be; (b) that the complaint is (i) frivolous, or (ii) vexatious, or (iii) not made in good faith.
(c) that there are no sufficient grounds for investigating the complaint; (d) that 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; (e) that the public servant against whom the complaint is made is not one in respect of whom a complaint can be entertained by the Lokayukta or Upa Lokayukta; (f) that the complaint is made after the expiry of six years from the date on which the action complained against is alleged to have taken place; (g) that an earlier complaint based on the same allegations as those made in the present complaint was previously disposed of by the Lokayukta or Upa Lokayukta or any other authority.
(5) The Lokayukta or Upa Lokayukta, as the case may be, may, in his discretion afford an opportunity to the complainant to show cause why the complaint shall not be rejected for any of the reasons mentioned in sub rule (4).
CHAPTER 3 CHAPTER
Rule 5 Preliminary Verification
(1) After the registration of the complaint the Lokayukta or Upa Lokayukta, as the case may be shall inform the complainant in Form V and may make such preliminary verification as he deems fit in regard to the allegation in the complaint and the action complained of on the basis of the information furnished through the complaint and the affidavits, documents and copies thereof, if any, enclosed to the complaint and also on his own motion before he proposes to conduct any investigation.
(2) The Lokayukta or Upa Lokayukta may utilise the services of such Law Officers or other legally trained persons as may be attached to his establishment in the course of the preliminary verification.
(3) The Lokayukta or Upa Lokayukta may if felt necessary hear the complainant after giving him notice in Form VI before passing an order refusing to investigate his complaint at the stage of the preliminary verification.
(4) If the Lok Ayukta or Upa Lok Ayukta, as the case may be, does not reject a complaint under sub rule (3) or sub rule (4) or Rule 4: and if in his opinion, the complaint contains verifiable details justifying further action. he may.
(i) call for remarks, information or report after a confidential probe from the concerned departmental authority or officer about the truth or otherwise of the allegations made in the complaint and fix a time for submission of such remarks, information or report; and or (ii) require any investigating agency or the Investigation Section attached to the Institution to make a confidential probe into the allegations contained in the complaint and submit a report within the time specified.
(5) The remarks, information or report referred to in sub rule (4) shall after its receipt in the Institution be examined by the Legal Section attached to the Institution and after such examination they shall submit their report along with the remarks, information and report referred to in sub rule (4) of the Lok Ayukta or Upa Lok Ayukta as the case may be.
(6) After consideration of the remarks, information and or reports referred to in sub rules (4) and (5) and after hearing the complainant if and when available and necessary and also the officers of the Section, the Lok Ayukta or Upa Lok Ayukta, as the case may be, shall decide whether or not there are any sufficient grounds for ordering investigation, and if he finds that there are no sufficient grounds for conducting investigation, he shall pass an order rejecting the complaint;
Provided that if the Lok Ayukta or Upa Lok Ayukta, as the case may be, is of the opinion after a consideration of the material referred to in sub rules (4) and (5), that the injustice complained of or the grievance alleged can be remedied or redressed at the departmental level, he may close the complaint and send the relevant records to the concerned departmental authority with suitable directions and for appropriate action,
(7) If after such consideration of the reports etc., mentioned above the Lok Ayukta or Upa Ayukta, as the case may be, is satisfied that there is a prima facie case for conducting an investigation into the allegations in the complaint, be may pass an order to that effect and direct the concerned officers of the Institution to take the necessary steps in that behalf.
(8) Nothing prevents the Lok Ayukta or Upa Lok Ayukta from closing a complaint at any stage and referring it to the concerned departmental authorities for appropriate action"
Rule 6 Commencement of investigation
(1) If the Lokayukta or Upa Lokayukta, after making necessary preliminary verification, proposes to conduct an investigation into the complaint, he shall inform the complainant accordingly and forward a copy of the complaint together with list of the witnesses whom the complainant proposes to examine and also the affidavits if any, produced by the complainant to the public servant concerned and the competent authority concerned. Provided that the Lok Ayukta or Upa Lok Ayukta, as the cases may be, any for reasons to be recorded in writing, permit the examination of any witnesses in addition to those cited in the Statement of allegations communicated to the public servant concerned".
(2) Where the Lokayukta or Upa Lokayukta proposes to conduct an investigation on his own motion against a public servant he shall forward to the public servant concerned and the competent authority concerned, a statement containing details of the action attributed to such public servant or the allegation against him regarding which information has been received by the Lokayukta or Upa Lokayukta otherwise than through a complaint together with a list of witnesses whom the Lokayukta or Upa Lokayukta proposes to examine. If any.
(3) Where the Governor makes an order under sub section(3) of Section 18 of the Act requiring the Lokayukta to investigate any action, the detailed grounds therefor together with a list witnesses, if any, shall be stated in the said order and a copy of the same shall be forwarded to the public servant concerned and the competent authority concerned by the Lokayukta or Upa Lokayukta, as the case may be.
(4) The Public Servant concerned shall be afforded an opportunity in Form VII to offer his comments and also produce affidavits of his witnesses and the documents he desires to be examined and considered before further steps in the investigation are ordered, within a fortnight or before the expiry of such further time as may be granted in his discretion by the Lokayukta or Upa Lokayukta on the complaint referred to in sub rule (1) or such portions thereof as may be specified or on the statement referred to in sub rule (2) or the order and grounds referred to in sub rule (3).
(5) If no comments are received from the public servant concerned in response to the opportunity afforded to him under sub rule (4), the Lokayukta or Upa Lokayukta may proceed further with the investigation on the basis of the material available.
(6) If after receipt of the comments of the public servant concerned and on a consideration thereof, the Lokayukta or Upa Lokayukta comes to a provisional conclusion that the case does not warrant further investigation the Lokayukta or Upa Lokayukta may discontinue further investigation: Provided that before discontinuing further investigation, the complainant shall be heard in the matter.
(7) If inquiry into the conduct of an officer holding a post carrying a minimum scale of pay of rupees one thousand one hundred and fifty or below becomes necessary for conducting the investigation in regard to an allegation relating to a public servant falling within item (iii) of clause (k) of Section 2 of the Act, the Lokayukta or Upa Lokayukta may inquire into the conduct of such officer also;
Provided that in so inquiring into conduct of such officer the Lokayukta or Upa Lokayukta shall to the extent necessary follow the procedure laid down in this Chapter.
Rule 7 Procedure for conducting investigation
(1) When the Lokayukta or Upa Lokayukta decides to conduct any investigation under the Act, notices shall be sent to the complainant and the public servant concerned in Form VIII informing them about the proposed investigation and directing them to appear in person on the date therein.
(2) In an investigation conducted on a complaint if the complainant so choses, he may be permitted to engage a legal practitioner to present the the case on his behalf. The public servant concerned shall also be informed that the may take the assistance of any other public servant or a legal practitioner to defend him.
(3) The Lok Ayukta or Upa Lok Ayukta, as the case may be, may utilise the services of any Legal Practitioner or an Officer of the Legal Section of the Institution or other legally trained person to assist him in any investigation by leading oral and documentary evidence in support of the allegations contained in the Statement of Allegations communicated to the public servant by cross examining the witnesses, if any, examined by or on behalf of the public servant and by addressing arguments.
(4) On the date fixed for appearance, the public servant concerned shall appear and he may also bring his defence assistant to represent him, In a case where investigation has been initiated on a complaint, the complainant and his legal counsel, if any, shall also be present.
(5) The Lokayukta or Upa Lokayukta shall ask the public servant concerned whether he admits or denies the allegations contained in the complaint or statement or grounds communicated to him earlier and his plea shall be recorded. If he admits, the Lokayukta or Upa Lokayukta as the case may be, shall communicate his findings and recommendations to the competent authority and if he denies, the Lokayukta or Upa Lokayukta as the case may be, shall conduct the investigation.
(6) If the public servant concerned requests permission to inspect the documents proposed to be relied upon in support of the allegations, he may be allowed such reasonable time as the Lokayukta or Upa Lokayukta deems fit for such inspection. If the public servant wishes to summon for any documents which are relevant for the purpose of his defence, he may file a written request for the same giving particulars of the documents and the relevancy and purpose for which they are required and thereupon, after satisfying himself about the relevancy and admissibility of the documents the Lokayukta or Upa Lokayukta may issue summons for production of such documents and adjourn the investigation to another date.
(7)
(i) For the purpose of conducing any investigation under the Act, the Lokayukta or Upa Lokayukta may utilise the services of: (a) any officer or investigation agency of the State Government or the Central Government with the concurrence of that Government. (b) any other person or agency; and such officer, investigation agency, other person or agency shall act under the directions of the Lokayukta or Upa Lokayukta as the case may be.
(ii) The Lokayukta or Upa Lokayukta may appoint one or more assessors to assist and advice him on any matter connected with the investigation; Provided that the advice tendered by the assessors shall not be binding on the Loyukta or Upa Lokayukta. (iii) The Lokayukta or Upa Lokayukta may utilise the services of any technical person in any investigation under the Act. (iv) The Lokayukta or Upa Lokayukta may accept as evidence in the case, the affidavits produced by the complainant and the public servant concerned and consider the documents produced by them as evidence with out formal proof of the contents thereof, unless the genuineness or handwriting or contents of any document is challenged by either side, in which case he may permit necessary oral evidence to be adduced in proof of such documents. (v) The officers of the Investigation Section while making a confidential probe into the allegations referred to them by the Lok Ayukta or the Upa Lok Ayukta, as the case may be, and submitting a report after such confidential probe, and the officers of the Legal Section while submitting reports after examining the remarks, information or report referred to in sub rules (4) and(5) of Rule 5, and the documents and records,if any, secured in the course of the preliminary verification, while leading evidence or cross examining the witnesses, if any, examined by or on behalf of the public servant and addressing arguments, shall act independently and on their own responsibility.
(8)
(i) For the purpose of any preliminary verification or investigation under the Act, the Lokayukta or Upa Lokayukta may issue summons in Form IX to any public servant or any other person whose attendance is required either to give evidence or produce documents. (ii) Every summons issued by the Lokayukta or Upa Lokayukta shall be in duplicate and shall be signed by the Registrar and sealed with the seal of the Lokayukta or Upa Lokayukta as the case may be, and it shall specify the time and place at which the person summoned is required to attend and also whether his personal attendance is required for the purpose of giving evidence or to produce a document or for both the purposes. (iii) A person may be summoned merely to produce a document without being summoned to give evidence: Any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same. (iv) Every such summons shall be served generally by sending it by registered post or, where felt necessary, through a messenger to the person for whom it is intended. (v) When a person, not in the Service of Government is required by the Lok Ayukta or by the Upa Lok Ayukta to appear before him to give evidence as a witness for the complainant or defence or to assist the Court, he being the complainant and having filed the compliant in public interest he shall be paid travelling allowance and daily allowance for the journey calculated under the ordinary rules for the journey of a Government Servant on tour and actual conveyance charges in the case of local persons and for this purpose the Lok Ayukta or Upa Lok Ayukta may declare by special order the grade to which such person shall be considered to belong according to his status in life and his decision in this respect shall be final. (vi) For the purpose of investigation under the Act, the Lokayukta or Upa Lokayukta shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matter, 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 commission for the examination of witness and documents.
(9) On the receipt of the document summoned, a date shall be fixed for recording the evidence. As far as possible the witness shall be examined from day to day. Oral and documentary evidence shall be adduced in support of and against the allegation subject to the provisions of sub rule (10). The parties to the investigation shall have an opportunity to examine or cross examine or re examine the witnesses. The Lokayukta or Upa Lokayukta or his legal assistant may also put such questions as may be necessary to the witnesses.
(10) After the closure of the evidence in support of the allegation the public servant concerned shall be called upon to file a list of witnesses to be examined on his behalf and the documents to be filed in support of his defence.
(11) After the closure of the defence evidence, the Lokayukta or Upa Lokayukta as the case may be, may hear oral arguments on both sides if he thinks it necessary. Both sides may file written briefs of their respective cases if they so desire.
(12) Whenever the Lokayukta or Upa Lokayukta considers that it is not expedient to follow the above procedure he may regulate the procedure for conducting the investigation in such manner as he deems fit in the circumstances of each case. Including the appointment of a Gazetted Officer of the Institution as Commissioner to receive documentary evidence and record oral evidence in the investigations conducted under this Act, alinude the powers conferred on a Civil Court under Order XXVI of the Code of Civil Procedure and putting such questions to any witness examined in the course of the Investigations conducted under the Act as may be necessary for purposes of elucidation of any points in issue, provided however that such procedure shall conform to the principles of natural justice and shall not be repugnant to the rules and other conditions of service, if any applicable to the public servant concerned.
Rule 8 Reckoning of time limit for completing investigation
The time limit mentioned in clause (b) of sub section (2) of Section 10 of the Act shall be reckoned from the date on which the Lokayukta or Upa Lokayukta, as the case may be, orders a copy of the complaint or statement to be forwarded to the public servant concerned and the competent authority concerned under clause (a) of sub section (1) of Section 10 of the Act.
Rule 9 Refusal to investigate and discontinuance of investigation
(1) The Lokayukta or Upa Lokayukta shall not investigate any allegation for any of the reasons mentioned in clauses (a) and (d) of sub section (1) of Section 8 of the Act.
(2) The Lokayukta or Upa Lokayukta as the case may be, may at any time after the commencement of any investigation under the Act order discontinuance of further investigation of any complaint involving an allegation for any of the reasons mentioned in clauses (a) to (c) of sub section (4) of Section 10 of the Act.
Rule 10 Transfer of preliminary verification and investigation by Lokayukta
The Lokayukta may make over any preliminary verification or investigation under the Act to the Upa Lokayukta for reasons to be recorded in writing, if, in his opinion, it would be consistent with principles of natural justice and fair play so to do.
Rule 11 Furnishing copies of documents,affidavits and depositions
Furnishing Copies of documents, affidavits and depositions the complainant and the public servant shall be entitled to be supplied with copies of the documents exhibited, affidavits relied upon and depositions recorded in the Course of any investigation under the Act at their own cost. The fee for the supply of such copies is fixed as follows
Rule 12 Place of sittings of Lokayukta and Upa Lokayukta
The Lokayukta or Upa Lokayukta may, in his discretion, conduct any preliminary verification or any investigation under the Act either partly or wholly either at his principal seat at Hyderabad or at such other place or place in the State as may be notified by him from time to time.
Rule 13 Completion of investigation
(1) After completion of investigation of any allegation in respect of any action under the Act, the Lokayukta or Upa Lokayukta, as the case may be, if satisfied that the allegation is sub stantiated either wholly or partly, shall by a report in writing communicate his finding and recommendations along with the relevant documents, materials or other evidence the competent authority concerned.
(2) If after investigation if any allegation in respect of any action under the Act, the Lokayukta or Upa Lokayukta, as the case may be, is satisfied that the allegation is not substantiated even partly, he shall inform the complainant and the pubic servant concerned and competent authority concerned accordingly.
Rule 14 Death of complainant
When the complainant after making a complaint either dies or is incapacitated from taking or does not take further steps for substantiating the allegation, the Lokayukta or Upa Lokayukta, as the case may be, for reasons to be recorded in writing, proceed further with the complaint on the basis of the material available.
Rule 15 Withdrawal of complaint
No complaint shall be permitted to be withdrawn unless the Lokayukta or Upa Lokayukta, as the case may be, is satisfied that the complaint was made under a bona fide mistake or that the grievance complained of, has been adequately redressed.
Rule 15A Restoration and review
(1) Where a complaint is rejected under sub rule (3) of Rule 4 or for non appearance of the complainant before the Lok Ayukta or Upa Lok Ayukta, in response to the notice issued under sub rule (5) of Rule 4, the complainant shall be precluded from bringing a fresh complaint on the same set of facts. But he may apply for an order to set the rejection aside and if he satisfies the Lok Ayukta or Upa Lok Ayukta, as the case may be, that there was sufficient cause for not rectifying the defects and or not supplying the omissions within the time specified or for not appearing before the Lok Ayukta or Upa Lok Ayukta, as the case may be, in response to a notice issued under sub rule (5) of Rule 4, the Lok Ayukta or Upa Lok Ayukta, as the case may be, shall make an order setting aside the rejection of the complaint upon such terms as he thinks fit and shall appoint a day for proceeding further with the matter.
Rule 16 Interim report
(1) The Lokayukta or Upa Lokayukta as the case may be, may forward an Interim report to the competent authority recommending grant of interim relief to complainant if he is satisfied, at the stage of preliminary verification or investigation, that the complainant has sustained injustice or undue hardship in consequence of any act of a public servant and that the grievance complained of shall be redressed expeditiously.
(2) The competent authority shall intimate the Lokayukta or Upa Lokayukta, as the case may be, within one month from the date of receipt of the interim report referred to in sub rule (1), the action taken in pursuance thereof.
CHAPTER 4 CHAPTER
Rule 17 Application of the Code of Criminal Procedure
The procedure prescribed in Sub section (1) of Section 340 of the Code of Criminal Procedure, 1973 (Act No.2 of 1974) shall be followed in respect of offences referred to in clause (b) of sub section (1) of Section 195 of the said Code and the complaint made under Section 340 of the said Code shall be signed by the Registrar.
Rule 18 Prosecution for false complaints
When upon an application made by a person against whom a complaint was made, the Lokayukta or upa Lokayukta, as the case may be, is satisfied after such enquiry as he deems necessary, that a false complaint has been wilfully or maliciously made against such person under the Act and that it is expedient and in the interests of justice to accord sanction to such person to prosecute the complainant for wilfully or maliciously making a false complaint against him under the Act, sanction may be accorded to such person to lay a compliant against the complainant before a Court of the Judicial Magistrate of the First Class.
Rule 19 Transaction of business
The Lokayukta may, from time to time, by general or special order provided for the convenient and efficient transaction of business arising on the administration and implementation of these rules and the procedure to be followed for the purpose: Provided that such order may also specify a matter or class of matters which shall be brought to the personal notice of the Lokayukta or Upa Lokayukta before any orders are issued.
Rule 20 Residuary Powers
All matters not specifically provided for in these rules, whether incidental or ancillary to the provisions of these rules or otherwise, including the fixation of vacations for the Lokayukta and Upa Lokayukta and holidays and vacations for their office and establishment, shall be regulated in accordance with such orders as the Lokayukta may, from time to time, make.
Rule 21 Power to regulate proceedings and investigations
The Lokayukta or Upa Lokayukta shall have the power, subject to the provisions of the Act and these rules, to regulate the conduct of proceedings, preliminary verifications, investigations and inquiries in all matters not provided for in these rules.
Rule 22 Power of Lokayukta to give directions
The Lokayukta may by order not inconsistent with these rules, provide for matters for which no provision has been made in these rules, and may give such directions as may be necessary for giving effect to the provision of the Act, and such orders.
Rule 23 Application of rules to certain complaints
The complaints received by the Lokayukta before the making of these rules shall also be disposed of in accordance with these rules.
APPENDIX 1 Before the Lokayukta or Upa Lokayukta for Andhra Pradesh
FORM NO
FORM NO
COMPLAINT)
[See Rule 3(1)]
Before the Lokayukta or Upa Lokayukta for Andhra Pradesh
1.Name and address of the complainant for all correspondence in respect of
The complain:
2. Name and address of the public servant complained against:
3. Brief facts relating to the action complained of;
Complainant s affidavits in the prescribed form to be enclosed)
4. If the complainant or the person for whom he is acting is aggrieved, the
nature of the grievance should be specially mentioned:
5. Names and addresses of the witnesses whom the complainant desires
to examine in support of the allegations:
(Affidavits, if any, of the witnesses may be produced)
6. Particulars of the documents relied upon by the complainant in support
of 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. Did the complainant make a complaint previously to the Lokayukta or
the Upa Lokayukta or any other authority for redressal of his grievanee,
in respect of the action now complained of and against the public
servant mentioned in col.
(3): (Particulars to be furnished together with the result of the previous
complaint):
10. Remarks, if any:
Place:
Dated:
Signature of thumb
mark of the complainant.
APPENDIX 2 Before the Lokayukta Upa Lokayukta for Andhra Pradesh
FORM No.
FORM No. 2
(COMPLAINTS AFFIDAVIT)
[See Rule (1)]
Before the Lokayukta Upa Lokayukta for Andhra Pradesh
I, ............................... son of Shri
.................................... aged ......................... Years,
profession ....................................... resident of
........................ PS ................. District ........................
at present at P.S. ......... 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 and belief.
Dated. Signature or thumb
mark of the Deponent
......Solemnly affirmed before me this
.............................................day of ...........................
198 at.......................................
Signature of Attestor
APPENDIX 3 Office of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
FORM No.
FORM No. 3
[See Rule 4 (2)]
Office of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
Proceedings No..
Dated.......
To
Sri Srimathi....
Sri Madam,
Ref: Your complaint dated...
Your complaint dated ........................................... against
Sri
Srimathi ..........................is found to be deficient in the following particulars. You are hereby requested to supply the omissions and rectify the defects mentioned below within ten days after receipt of this communication, failing which your complaint will be disposed of on the basis of the available material.
Yours faithfully,
Register for the Lokayukta of Andhra Pradesh.
Omissions to be supplied:
1. Prescribed fee of Rs. 25 to be paid.
2. Complaint is not signed by the complainant.
3. Affidavit of the complainant in the prescribed form and or of the
witnesses not enclosed.
4. Name, designation and address of the public servant complained against
not furnished.
5. Documents relied on or true copies thereof in the custody and control
of the complainant not enclosed.
6. Particulars of documents relied on not in the custody or control of the
complainant not furnished.
7. Required sets of copies of affidavits and documents not enclosed.
8. Other reasons.:-
APPENDIX 4 Office of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
FORM No.
FORM No. 4
[See Rule 4 (3)]
Office of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
Proceedings No.......................... Dated.......
To
Sri Srimathi...........
Sri Madam,
Your complaint dated... ..... .... containing certain allegations against Sri
Srimathi...........is rejected for the reasons mentioned below:
Lokayukta Upa Lokayukta
Reasons for rejection of the complaint:-
1. The defects and or omissions pointed out in proceedings
No....dated.....have not been rectified and or supplied.
2. The complaint does not disclose an allegation which can be investigated
by the Lokayukta Upa Lokayukta.
(a) frivolous
(b) vexatious
(c) not made in good faith.
3. There are no sufficient grounds for investigating the complaint.
4. 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.
5. The public servant against whom the complaint is made is not one in
respect of whom a complaint can be entertained by the Lokayukta Upa
Lokayukta.
6. The complaint is made after their expiry of six years from the date on
which the action complained against is alleged to have taken place.
7. An earlier complaint based on the same allegations as those made in the
present complaint was previously disposed of by the Lokayukta Upa
Lokayukta or any other authority through proceedings No. dated
8. The prescribed fee of Rs. 25 has not been paid.
APPENDIX 5 Office of the Lokayukta for Andhra Pradesh at Hyderabad
FORM
FORM 5
[See Rule 5(1)]
Office of the Lokayukta for Andhra Pradesh at Hyderabad
Proceedings No. ....................
dated
To
Sri/Srimathi
Sir/Madam,
Ref: Your complaint dated
Your complaint dated ......................... against Sri Srimathi
.......................... has been registered and numbered
................................ as........................... Intimation will be sent to you in due course regarding the further action taken on your complaint, Office of the Lokayukta for Andhra Pradesh.
Yours faithfully
Registrar.
Office of the Lokayukta for Andhra Pradesh.
APPENDIX 6 Proceedings of the Lokayukta Upa lokayukta for Andhra Pradesh at Hyderabad
FORM No.
FORM No. 6
[See Rule 5(3)]
Proceedings of the Lokayukta Upa lokayukta for Andhra Pradesh at Hyderabad
No.................................. Dated
To
Sri/Srimathi..... .... .........
............................................
Sri/Madam,
Ref: Complaint No. of 198
Your complaint dated ........................ against Sri
Srimathi.....................of 198 stands posted to at 10 30 A,M., for
preliminary verification by the Honourable Lokayukta Upa Lokayukta.
You are hereby informed that you may appear in person at the time mentioned
above if you wish to be heard at the time of such preliminary verification.
You may take the assistance of a legal practitioner to present your case,
If you fail to appear as aforesaid either in person or through a legal
practitioner, the matter will be decided in your absence.
Yours faithfully,
Registrar,
For the Lokayukta of Andhra Pradesh.
APPENDIX 7 Proceedings of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
FORM No
FORM No 7
[See Rule 6 (4)]
Proceedings of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
No............................... Dated..............
To
Sri/Srimathi ..........................
.......................................
.......................................
Sir/Madam,
Ref:: Complaint No..................of 19.
After conducting a preliminary verification into the above complaint the
Honourable Lokayukta Upa Lokayukta proposes to conduct an investigation into it.
So; You are hereby afforded an opportunity to offer your comments on:
(i) the complaint, dated...................sent against you by Sri
Srimathi.........A copy of which is herewith enclosed along with copies
of affidavits produced by the complainant:
(ii)the enclosed statement containing an allegation against you which the
Honourable Lokayukta Upa Lokayukta has on his own motion proposed to
investigate for grounds mentioned therein;
(iii)the action in respect of which the Governor of Andhra Pradesh has
required the Honourable Lokayukta to conduct an investigation as per
the enclosed copy.
You may therefore submit your comments at aforesaid on........at 10.30 A,M, before the Honourable Lokayukta Upa Lokayukta at his office together with such affidavits of witnesses and documents in the original and three sets of copies thereof, as you may desire to be examined and considered before further steps in the investigation are ordered.
You may engage another public servant or a legal practitioner to represent you. If you fail to appear in the aforesaid manner and submit your comments as aforesaid further investigation may be proceeded with on the basis of the material available.
Yours faithfully,
Registrar
for the Lokayukta Andhra Pradesh.
APPENDIX 8 Proceedings of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
FORM No.
FORM No. 8
[See Rule 7 (1)]
Proceedings of the Lokayukta Upa Lokayukta for Andhra Pradesh at Hyderabad
No....................... Dated.....................
To
Sri/Srimathi...............
.........................................
Sri/Madam,
Ref: Your Complaint dated.........against Sri Srimathi....
I am to inform you that the Honourable Lokayukta Upa Lokayukta proposes to
conduct an Investigation into your complaint cited in the above reference.
The matter stands posted to.....................
You are directed to appear before the Honourable Lokayukta Upa Lokayukta at his office on the date mentioned above at 10.30 A.M.
You may engage a legal practitioner to present your case if you so desire. If you fail to appear as aforesaid, the investigation may be proceeded within your absence.
Yours faithfully
Registrar,
for the Lokayukta of Andhra Pradesh.
APPENDIX 9 Before the Lokayukta Upa Lokayukta for Andhra Pradesh Complain
FORM No. of
FORM 9
[See Rule 7 (8)]
Before the Lokayukta Upa Lokayukta for Andhra Pradesh Complain
No. of
To
........................................
.........................................
Whereas your attendance is required as a witness before the Lokayukta Upa Lokayukta of Andhra Pradesh in the above complaint;
(a) to give oral evidence; and or
(b) to produce the documents mentioned in the annexure hereto.
You are hereby required to appear personally before him and produce or cause production of required documents at 10 30 A.M. on..................You will be paid travelling allowance and daily allowance at the admissible rates.
If you fail to comply with this order without valid reason you will be subjected to the consequences of non compliance with the summons as laid down in Rule 12 of Order XVI of the Code of Civil Procedure, 1908.
Given under my hand and the seal of the Lokayukta Upa Lokayukta of Andhra
Pradesh this...........day of.....198.
Lokayukta Upa Lokayukta
ANNEXURE 1 Description of the documents required to be produced
ANNEXURE . ANNEXURE
Description of the documents required to be produced.
1.
2.
3. |
