GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XLVI  OF  1971

THE  MAHARASHTRA  LOKAYUKTA
 AND
UPA-LOKAYUKTAS  ACT,  1971

(Modified upto the 29th August 2012)

*

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1971 : Mah. XLVI ]

(i)

THE  MAHARASHTRA  LOKAYUKTA   AND   UPA-LOKAYUKTAS   ACT,  1971
---------------
CONTENTS

PREAMBLE.

SECTIONS.

1. Short title extent and commencement.
2. Definitions.
3. Appointment of Lokayukta and Upa-Lokayuktas.
4. Lokayukta and Upa-Lokayuktas to hold no other office.
5. Term of office and other conditions of service of Lokayukta and Upa-Lokayuktas.
6. Removal of Lokayukta or Upa-Lokayuktas.
7. Matters which may be investigated by Lokayukta or Upa-Lokayukta.
8. Matters not subject to investigation.
9. Provisions relating to complaints.
10. Procedure in respect of investigations.
11. Evidence.
12. Reports of Lokayukta and Upa-Lokayuktas.
13. Staff of Lokayukta and Upa-Lokayuktas.
14. Secrecy of information.
15. Intentional insult or interruption to, or bringing into disrepute, Lokayukta or

Upa-Lokayuktas.

16. Protection.
17. Conferment of additional functions on Lokayukta and Upa-Lokayuktas, etc.
18. Power to exclude complaints against certain classes of public servant.
19. Power to delegate.
20. Power to make rules.
21. Removal of doubts
22. Saving.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

MAHARASHTRA  ACT  NO.  XLVI  OF  19711

( First published after having received the assent of the President, in the
“Maharashtra Government Gazette” on the 10th December 1971)
Amended by Mah. 16 of 1999 †  (1-1-1996)*
18 of  2011†† 
”
 (10-3-2011)*

” 

”

Short  title,
extent  and
commence-
ment.

Definitions.

An Act to make provision for the appointment and functions of certain authorities for
the investigation of administrative action taken by or on behalf of the Government of
Maharashtra or certain public authorities in the State of Maharashtra, in certain
cases and for matters connected therewith.

WHEREAS, it is expedient to make provision for the appointment and functions of
certain authorities for the investigation of administrative action taken by or on behalf of
the Government of Maharashtra or certain public authorities in the State of Maharashtra
in certain cases and for matters connected therewith ; It is hereby enacted in the Twenty-
second year of the Republic of India as follows :—

(1) This Act may be called the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971.

1.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification

in the Official Gazette, appoint.

In this Act, unless the context otherwise requires—

2.
(a) “action” means action taken by way of decision, recommendation or finding or in
any other manner and includes failure to act ; and all other expressions connoting action
shall be construed accordingly ;

(b) “allegation”,  in  relation  to  a  public  servant,  means  any  affirmation  that  such

public servant,—

(i) has abused his position as such to obtain any gain or favour to himself or to

any other person or to cause undue harm or hardship to any other person,

(ii) was  actuated  in  the  discharge  of  his  functions  as  such  public  servant  by

personal interest or improper or corrupt motives, or

(iii) is  guilty  of  corruption,  or  lack  or  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 or Secretary
(ii) in the case of any other public servant

. .
. .

the Chief Minister,
 such authority as may be
prescribed ;

(d) “grievance” means a claim by a person that he sustained injustice or undue hard-

ship in consequence of maladministration ;

(e) “Lokayukta” means a person appointed as the Lokayukta under section 3 ;

(f) “Upa-Lokayukta” means a person appointed as an Upa-Lokayukta under section 3 ;

(g) “maladministration” means action taken or purporting to have been taken in the

exercise of administrative functions in any case,—

1 For  statement  of  objects  and  Reasons,  see  Maharashtra  Governemnt  Gazette,  1971,  Part-V,

Extra  Ordinary,  pages  98-99.

2 2nd  day  of  October,  1972  vide,  G.  N.,  G. A.  D.,  No.  LPL.  1072-D-1,  dated  the  2nd  October  1972.
† Mahrashtra  Ordinance  No.  1  of  1999  was  repealed  by  Mah.  16  of  1999,  s.  3.
* This  indicates  the  date  of  commencement.
†† Maharashtra  Ordinance  No.  8  of  2011  was  repealed  by  Mah.  18  of  2011,  s.  3.

2

(i) where such action or the administrative procedure or practice governing such

action is unreasonable, unjust, oppressive or improperly discriminatory, or

(ii) where there has been negligence or undue delay in taking such action, or the

administrative procedure or practice governing such action involves undue delay ;
(h) “Minister” means a member (other than the Chief Minister) of the Council of
Ministers,  by  whatever  name  called,  for  the  State  of  Maharashtra,  that  is  to  say,  a
Minister, Minister of State and Deputy Minister ;

(i) “officer” means a person appointed to a public service or post in connection with

the affairs of the State of Maharashtra ;

(j) “prescribed” means prescribed by rules made under this Act ;
(k) “public servant”denotes a person falling under any of the descriptions hereinafter

following, namely :—

(i) every Minister reffered to in clause (h) ;
(ii) every officer reffered to in clause (i) ;
(iii) (a) 1[every President,  Vice-President and Councillor of a Zilla Parishad],
2[Chairman, Deputy Chairman and Member of a Panchyat Samiti], and Chairman of the
Standing or any Subjects Committee, constituted under the Maharashtra Zilla Parishads
and Panchyat Samitis Act, 1961 ;

(b) 3[every President, Vice-President and Councillor of a Municipal Council], and
Chairman of the Standing or any Subjects Committee, constituted or deemed to be
constituted  under  the  4[Maharashtra  Municipal  Councils,  Nagar  Panchyats  and
Industrial Townships] Act, 1965 ;

5[(c) every Mayor, Deputy Mayor and Councillor of all Municipal Corporations
and Chairman of Standing or any Subject Committee, constituted under the Mumbai
Municipal Corporation Act, the City of Nagpur Corporation Act, 1948 and the Bombay
Provincial Municipal Corporations Act, 1949 ;]
(iv) every person in the service or pay of,—

(a) any local authority in the State of Maharashtra, which is notified by the State

Government in this behalf in the Official Gazette,

(b) any corporation (not being local authority) established by or under a State of

Provincial Act and owned or controlled by the State Government ;

(c) any Government company within the meaning of section 617 of 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 a company in which not
less than fifty-one per cent. of the paid up share capital is held by the State Government;
(d) any  society  registerd  under  the  Societies  Registration Act,  1860,  which  is
subject  to  the  control  of  the  State  Government  and  which  is  notified  by  that
Government in this behalf in the Official Gazette ;
(l) “Secretary” means a Secretary to the Government of Maharashtra and includes a

Special Secretary, an Additional Secretary and a Joint Secretary.

1 These words were substituted for the words “every President and Vice-President of a Zilla Parishad”

by  Mah.  18  of  2011,  s.2  (a)  (i).

2 These  words  were  substituted  for  the  words    “Chairman    and    Deputy  Chairman  of  a  Panchyat

Samiti”,  ibid.,  s.2  (a)(ii).

3 These  words  were  substituted  for  the  words  “every  President  and  Vice-President  of  a  Municipal

Council”,  ibid.,  s.2  (b)(i).

4 These  words  were  substituted  for  the  words  “Maharashtra  Municipalities”,  ibid.,  s.2  (b)(ii).
5 Paragraph  (c)  was  added,    ibid.,  s.2  (c).

Mah.
V of
1962.

Mah.
XL  of
1965.

Bom.
III  of
1888.
C.  P.
and
Berar  II
of
1950.
Bom.
LIX  of
1949.

1  of
1956.

21  of
1860.

3

3.

(1) For the purpose of conducting investigations in accordance with the provi-
sions  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 :

Appoint-
ment  of
Lokayukta
and  Upa-
Lokayuktas.

Provided that,—

(a) the Lokayukta shall be appointed after consultation with the Chief Justice of the
High Court and the Leader of the Opposition in the Legislative Assembly, or if there be no
such Leader, a person elected in this behalf by the Members of the Opposition in that
house in such manner as the Speaker may direct ;

(b) the Upa-Lokayukta or Upa-Lokayuktas shall be appointed after consultation with

the Lokayukta.

(2) Every  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 by him, an oath or affirmation in the form set out for the purpose
in the First Schedule.

(3) The  Upa-Lokayuktas  shall  be  subject  to  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-Lokayuktas :

Provided that, nothing in this sub-section shall be construed to authorise the Lokayukta

to question any finding, conclusion or recommendation of an Upa-Lokayukta.

4. The Lokayukta or an Upa-Lokayukta shall not be a Member of Parliament or a
Member of the Legislature of any State and shall not hold any office of trust or profit
(other than his office as the Lokayukta or, as the case may be, an 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, as the case may be, an Upa-Lokayukta shall,—

Lokayukta
or  Upa-
Lokayuktas
to  hold  no
other  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, 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 any profession suspend practice of such profession.

5.

(1) Every person appointed as the Lokayukta or an Upa-Lokyukta 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

specified in section 6.

Term  of
office  and
other
conditions  of
service  of
Lokayukta
and  Upa-
Lokayuktas.

4

(2) If the office of the Lokayukta or an Upa-Lokayukta becomes vacant, or if the
Lokayukta or an Upa-Lokayukta is, by reason of absence or for any other reason whatso-
ever, unable to perform the duties of his office, those duties shall, until some other person
appointed  under  section  3  enters  upon  such  office  or,  as  the  case  may  be,  until  the
Lokayukta or such Upa-Lokayukta resumes his duties, be performed,--

(a) where the office of the Lokayukta becomes vacant or where 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 an Upa-Lokayukta becomes vacant or where 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 an Upa-Lokayukta shall be ineligible
for further employment (whether as the Lokayukta or an Upa-Lokayukta or in any other
capacity) under the Government of Maharashtra or for any employment under, or office
in, any such local authority, corporation, Government company or society as is referred to
in sub-clause (iv) of clause (k) of section 2.

(4) There shall be paid to the Lokayukta and the Upa-Lokayuktas such salaries as are

specified in the Second Schedule.

(5) 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 the High Court;

(b) in prescribing the allowances***, payable to, and other conditions of service
of, the Upa-Lokayuktas, regard shall be had to the allowances*** payable to, and
other conditions of service of, a Judge of the High Court :

Provided further that, the allowances*** payable to, and other conditions of service
of, the Lokayukta or an Upa-Lokayukta shall not be varied to his disadvantage after his
appointment.

Removal  of
Lokayukta
  or  Upa-
Lokayukta.

6.

(1) Subject to the provisions of Article 311 of the Constitution, the Lokayukta or
an 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,  the  inquiry  required  to  be  held  under  clause  (2)  of  the  said Article

before such removal—

(i) in  respect  of  Lokayukta  shall  only  be  held  by  a  person  appointed  by  the
Governor being a person who is or has been a Judge of the Supreme Court or a Chief
Justice of a High Court; and

* The  words  “and  pension”  were  deleted  by  Mah.  29  of  1988,  s.  2.

Matters
which  may  be
investigated
by  Lokayukta
or  Upa-
Lokayukta.

5

(ii) in respect of an Upa-Lokayukta shall be held by a person appointed by the
Governor being a person who is or has been a Judge of the Supreme Court or who  is
or has been a Judge of a High Court.

(2) The person appointed under the proviso to sub-section (1) shall submit the report
of his inquiry to the Governor who shall, as soon as may be, cause it to be laid before each
House of the State Legislature.

(3) Notwithstanding anything contained in sub-section (1), the Governor shall not
remove the Lokayukta or an 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.

7.

(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) a Minister or a Secretary; or

(ii) any public servant referred to in sub-clause (iii) of clause (k) of section 2; or

(iii) any  other  public  servant  being  a  public  servant  of  a  class  or  sub-class  of
public servants 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 or such action can be or could have been, in the opinion of the Lokayukta, the
subject of a grievance or an allegation.

(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 a Minister, 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.

(3) Notwithstanding anything contained in sub-section (2), the Lokayukta may, for
reasons to be recorded in writing, investigate any action which may be investigated by an
Upa-Lokayukta under that sub-section whether or not a 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 investi-
gated by them under this Act :

Provided that, no investigation made by an Upa-Lokayukta under this Act and no
action  taken  or  thing  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.

8.

(I) Except as hereinafter provided, the Lokayukta or an Upa-Lokayukta shall not
conduct any investigation under this Act in the case of a complaint involving a grievance
in respect of any action,--

Matters  not
subject  to
investigation.

(a) if such action relates to any matter specified in the Third Schedule; or

37  of
1850.

60  of
1952.

6

(b) if the complainant has or had any remedy by way of proceedings before any

tribunal or court of law :
Provided  that,  the  Lokayukta  or  an  Upa-Lokayukta  may  conduct  an  investigation
notwithstanding that the complainant had or has such a remedy if the Lokayukta or, as the
case may be, the Upa-Lokayukta is satisfied that such person could not or cannot, for
sufficient cause, have recourse to such remedy.

(2) The Lokayukta or an Upa-Lokayukta  shall not investigate any action, ---

(a) in  respect of which a formal and public inquiry has been ordered under the

Public Servants (Inquiries) Act, 1850; or

(b) in respect of a matter which has been referred for inquiry under the Commis-

sions of Inquiry Act, 1952. ***
(3) The Lokayukta or an Upa-Lokayukta  shall not investigate any complaint invol-
ving a grievance against a public servant referred to in sub-clause (iv) of clause (k) of
section 2.

(4) The Lokayukta or an Upa-Lokayukta  shall not investigate any complaint which is

excluded from his jurisdiction by virtue of a notification issued under section  18.

(5) The Lokayukta or an Upa-Lokayukta  shall not investigate,---

(a) any complaint involving a grievance, if the complaint is made after the expiry of
twelve months from the date on which the action complained against becomes known
to the complainant ;

(b) any complaint involving an allegation, if the complaint is made after the expiry
of three years from the date on which the action complained against is alleged to have
taken place :

Provided that, the Lokayukta or Upa-Lokayukta may entertain a complaint referred
to in clause (a), if the complainant satisfies him that he had sufficient cause for not
making the complaint within the period specified in that clause.
(6) 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 adminis-
trative action involving the exercise of a 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.

9.

(1) Subject to the provisions of this Act, a complaint may be made under this Act

to the Lokayukta or an Upa-Lokayukta,---

(a) in the case of a grievance, by the person aggrieved ;
(b) in the case of an allegation, by any person other than a public servant :
Provided that, where the person aggrieved is dead or is for any reason unable to act
for himself, the complaint may be made by any person who in law represents his estate
or, as the case may be, by any person who is authorised by him in this behalf.

(2) Every complaint shall be made in such form and shall be accompanied by such

affidavits as may be prescribed.

(3) Notwithstanding anything contained in any other enactment, any letter writ-
ten to the Lokayukta or an Upa-Lokayukta by a person in police custody, or in a gaol
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
gaol, asylum or other place and the Lokayukta or an Upa-Lokayukta, as the case may
be, may, if satisfied that it is necessary so to do, treat such letter as a complaint made
in accordance with the provisions of sub-section (2).

* The  words  “with  the  prior  concurrence  of  the  Lokayukta”  were  deleted  by  Mah.  13  of  1989,

s.  2.

Provisions
relating  to
complaints.

7

(4) Notwithstanding anything contained in section 10 or any other provision of
this Act, every person who wilfully or maliciously makes any false complaint under
this Act shall, on conviction, be punished with imprisonment for a term which may
extend to three years, and shall also be liable to fine. No Court shall take cognizance
of such offence except with the previous sanction of the Lokayukta.

10.

(1) Where the Lokayukta or an Upa-Lokayukta proposes (after making such

preliminary inquiry, as he deems fit) to conduct any investigation under this Act, he—

(a) shall forward a copy of the complaint or, the case of any investigation which
he  proposes  to  conduct  on  his  own  motion,  a  statement  setting  out  the  grounds
therefore, to the public servant concerned and the competent authority concerned ;

(b) shall  afford  to  the  public  servant  concerned  an  opportunity  to  offer  his

comments on such complaint or statement ; and

(c) may  make  such  orders  as  to  the  safe  custody  of  documents  relevant  to  the

investigation, as he deems fit.

(2) Every  such  investigation  shall  be  conducted  in  private  and  in  particular,  the
identity of the complainant and of the public servant affected by the investigation shall not
be disclosed to the public or the press whether before, during or after the investigation :

Provided that, the  Lokayukta or an Upa-Lokayukta may conduct any investigation
relating to a matter of definite public importance in public, if he, for reasons to be recorded
in writing, thinks fit to do so.

(3) Save as aforesaid the procedure for conducting any such investigation shall be
such as the Lokayukta or, as the case may be, the Upa-Lokayukta considers a appropriate
in the circumstances of the case.

(4) The  Lokayukta or an Upa-Lokayukta may, in his discretion, refuse to investigate
or ceases to investigate any complaint involving a greivance 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.

(5) In  any case where the Lokayukta or Upa-Lokayukta decides not to entertain a
complaint or to discontinue any investigation in respect of a complaint, he shall record his
reasons therefore and communicate the same to the complainant and the public servant
concerned.

(6) The conduct of an investigation under this Act in respect of any action shall not
affect such action, or any power or duty of any public servant to take further action with
respect to any matter subject to the investigation.

11.

(1) Subject to the provisions of this section, for the purpose of any investiga-
tion (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 relevant to the
investigation to furnish any such information or produce any such document.

Procedure  in
respect  of
investiga-
tions.

Evidence.

8

(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 :—

5  of
1908.

(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 judical proceeding within the meaning of section 193 of the Indian Penal Code.

45  of
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 State
Government or any public servant, whether imposed by any enactment or by any rule of
law, shall apply to the disclosure of information for the purposes of any investigation
under this Act and the State 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 enactment or by any rule of law
in legal proceedings.

(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 the investigation or detection of crime ; or

(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 certify-
ing that any information, answer or portion of a document is of the nature specified in
caulse (a) or clause (b), shall be binding and conclusive.

(6) Subject to the provisions of sub-section (4), no person shall be compelled for the
purposes of investigation under this Act to give any evidence or produce any document
which he could not be compelled to give or produce in proceedings before a Court.

12.

(1) If, after investigation of any action in respect of which a complaint involv-
ing a grievance has been or can be or could have been made, the Lokayukta or an Upa-
Lokayukta is satisfied that such action has resulted in injustice or undue hardship to the
complainant or any other person, the Lokayukta or Upa-Lokayukta shall, by a report in
writing, recommend to the public servant and the competent authority concerned that
such injustice, or undue hardship shall be remedied or redressed in such manner and
within such time as may be specified in the report.

(2) The  competent  authority  to  whom  a  report  is  sent  under  sub-section  (1)  shall
within one month of the expiry of the term specified in the report, intimate or cause to be
intimated to the Lokayukta or, as the case may be, the Upa-Lokayukta, the action taken
for compliance with the report.

(3) If, after investigation of any action in respect of which a complaint involving
an  allegation  has  been  or  can  be  or  could  have  been  made,  the  Lokayukta  or  an
Upa-Lokayukta is satisfied that such allegation can be  substantiated either wholly or

Reports  of
Lokayukta
and  Upa-
Lokayuktas.

9

partly, he shall by report in writing communicate his findings and recommendations along
with  the  relevant  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 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.

(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-section
(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
consideres that the case so deserves, he may make a special report upon the case to the
Governor and also inform the complainant concerned.

(6) The  Lokayukta  and  the  Upa-Lokayukta  shall  present  annually  a  consolidated

report on the performance of their functions under this Act to the Governor.

(7) On receipt of a special report under sub-section (5), or the annual report 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) 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 an Upa-Lokayukta, 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.

13.

(1) The  Lokayukta  may  appoint,  or  authorise  an  Upa-Lokayukta  or  any
Officer  subordinate  to  the  Lokayukta    or  an  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.

Staff  of
Lokayukta
and  Upa-
Lokayuktas.

(2) The  categories  of  officers  and  employees  who  may  be  appointed  under
sub-section (1), their salaries, allowances and other conditions of service and the admin-
istrative powers of the Lokayukta and Upa-Lokayuktas shall be such as may be pre-
scribed, after consultation with the Lokayukta.

(3) Without  prejudice  to  the  provisions  of  sub-section  (1),  the  Lokayukta  or  an
Upa-Lokayukta  may  for  the  purpose  of  conducting  investigations  under  this
Act utilise the services of—

(i) any officer or investigation agency of the State or Central Government with the

concurrence of that Government; or
(ii) any other person or agency.

14.

(1) Any  information,  obtained  by  the  Lokayukta  or  the  Upa-Lokayuktas  or
members of their staff in the course of, or for the purposes of any investigation under this
Act,  and  any  evidence  recorded  or  collected  in  connection  with  such  information,
shall, subject  to the provisions of the proviso to sub-section (2) of section 10, be treated
as  confidential  and  notwithstanding  anything  contained  in  the  Indian  Evidence
Act, 1872, no Court shall be entitled to compel the Lokayukta or an 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

I  of
1872.

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

Secrecy  of
information.

10

(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 any proceedings under section 15; or

(c) for such other purposes as may be prescribed.

19  of
1923.
45  of
1860.

(3) An officer or other authority presribed in this behalf may give notice in writing to
the Lokayukta or an 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 State Government the disclosure of the documents or information or of
documents or information of that class would be contrary to public interest and where
such a notice is given, nothing in this Act shall be construed as authorising or requiring
the Lokayukta, the Upa-Lokayukta or any member of their staff to communicate to any
person, any document or information specified in the notice or any document or informa-
tion of a class so specified.

15.

(1) Whoever  intentionally  offers  any  insult,  or  causes  any  interruption  to
the  Lokayukta  or  an  Upa-Lokayukta  while  the  Lokayukta  or  the  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  an
Upa-Lokayukta into disrepute, shall, on conviction, be punished with simple imprison-
ment for a term which may extend to six months, or with fine, or with both.

(3) The provision of section 198B of the Code of Criminal Procedure, 1898* 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 198B, 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 an Upa-Lokayukta, of  the Upa-Lokayukta

concerned.
16.

(1) No suit, prosecution, or other legal proceeding shall lie against the Lokayukta
or  the  Upa-Lokayuktas  or  against  any  officer,  employee,  agency  or  person  referred
to in section 13 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 the Upa-Lokayuktas shall be held bad for
want of form and except on the ground of jurisdiction, no proceedings or decision of the
Lokayukta or the Upa-Lokayuktas shall be liable to be challenged, reviewed, quashed or
called in question in any court.

17.

(1) The Governor may, by notification published in the Official Gazette, and
after consultation with the Lokayukta, confer on the Lokayukta or an Upa-Lokayukta, as
the case may be, such additional functions in relation to the redress of grievances and
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 an Upa-Lokayukta such powers of a supervisory nature over
agencies, authorities or officers set up, constituted or appointed by State Government for
the redress of grievances and eradication of corruption.

(3) The  Governor  may,  by  order  in  writing  and  subject  to  such  condition  and
limitations as may be specified in the order, require the Lokayukta to investigate any
action (being action in respect of which a complaint may be made under this Act,

*  Now  see  the  Code  of  Criminal  Procedure,  1973  (2  of  1974).

Intentional
insult  or
interruption
to,  or
bringing
into disrepute,
Lokayukta
or  Upa-
Lokayuktas.

Protection.

Conferment
of  additional
functions  on
Lokayukta,
and    Upa-
Lokayuktas,
etc.

5  of
1898.

11

to the Lokayukta or an Upa-Lokayukta), and notwithstanding anything contained 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 an Upa-Lokayukta)
to an Upa-Lokayukta.

(4) When any additional functions are conferred on the Lokayukta or an Upa-Lokayukta
under sub-section (1), or when the Lokayukta or an Upa-Lokayukta is to investigate any
action under sub-section (3), the Lokayukta or an 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 a grievance or an allegation, as the case may be, and the
provisions of this Act shall apply accordingly.

18. (1) The State Government may on the recommendation of the Lokayukta and on
being satisfied that it is necessary or expedient in the public interest so to do, exclude, by
notification in the Offical Gazette, complaints, involving grievances or allegations or
both against persons belongings to any class of public servants specified in the notifica-
tion, from the jurisdiction of the Lokayukta or, as the case may be, Upa-Lokayukta :

Provided that, no such notification shall be issued in respect of public servant holding
posts carrying a minimum monthly salary (exclusive of allowances) of seven hundred and
fifty rupees or more.

(2) Every notification issued under sub-section (1) shall be laid as soon as may be
after it is issued 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 successive ses-
sions, and if, before the expiry of the session in which it is so laid or the session immedi-
ately following, both Houses agree in making any modification in the notification or both
Houses agree that the notification should not be made, and notify such decision in the
Offical Gazette, the notification shall from the date of publication of such decision 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 by virtue of that notification.

19. The Lokayukta or an Upa-Lokayukta may, by a general or special order in writing,
direct that any powers conferred or duties imposed on him by or under this Act (except
the power to make reports to the Governor under section 12) may also be exercised or
discharged by such of the officers, employees or agencies referred to in section 13, as
may be specified in the order.

20. (1) The Governor may, by notification in the Offical Gazette, make rules for the

purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions,

such rules may provide for—

(a) the authorities for the purpose required to be prescribed under sub-clause (ii)

of clause (c) of section 2 ;

(b) the allowances ***payable to and other conditions of service of, the Lokayukta

and Upa-Lokayuktas;

(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 a civil court which may be exercised by the Lokayukta or an 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 Governor necessary for the proper implementation of this Act.

*  The  words  “and  pension”  were  deleted  by  Mah.  29  of  1988,  s.  3.

Power  to
exclude
complaints
against
certain
classes  of
public
servant.

Power  to
delegate.

Power  to
make  rules.

12

(3) Every rule 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 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, and notify such decision in the Official Gazette, the rule shall from
the date of publication of such notification have effect only in such modified from 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.

21. For the removal of doubts it is hereby declared that nothing in this Act shall be
construed  to  authorise  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 court in India ;
(c) the Accountant General, Maharashtra ;
(d) the  Chairman  or  a  member  of  the  Maharashtra  State  Public  Service

45  of
1860.

Removal  of
doubts.

Commission;

(e) the Chief Election Commissioner, the Election Commissioners and the Regional
Commissioners referred to in Article 324 of the Constitution and the Chief Electoral
Officer, Maharashtra State ;

(f) the Speaker of the Maharashtra Legislative Assembly or the Chairman of the

Maharashtra Legislative Council ;

Saving.

(g) any member of the Secretarial staff of either House of the Legislature.

22. The  provisions  of  this Act  shall  be  in  addition  to  the  provisions  of  any  other
enactment or any rule of 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.

--------------
THE  FIRST  SCHEDULE.
[ See section 3 (2) ]

swear in the name of God
I,............................., having been appointed .........................  do............................................

Lokayukta

Upa-Lokayukta

solemnly affirm

that I will bear 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 judgement perform
the duties of my office without fear or favour, affection or, ill will.

THE  SECOND  SCHEDULE.
[ See section 5 (4) ]

There shall be paid to the Lokayukta and the Upa-Lokayuktas in respect of time spent

on actual service, salary at the following rates per mensem, that is to say :—

Lokayukta
Upa-Lokayukta

. .
. .

. .
. .

. .
. .

. .
. .

*30,000 Rupees.
    * 26,000 Rupees :

*Deemed to have been substituted with effect from the 1st day of January 1996  (vide  Maharashtra
Act No. XVI of 1999, published in the Maharashtra Government Gazette (Extraordinary) of March
26, 1999).

13

Provided that, if the Lokayukta or an Upa-Lokayukta at the time of his appointment is
in  receipt  of  a  pension  (other  than  a  disability  or  wound  pension)  in  respect  of  any
previous service under the Government of India or any of its predecessor Government or
under the  Government of a State or any of its predecessor Governments, his salary in
respect  of  service  as  the  Lokayukta  or,  as  the  case  may  be,  Upa-Lokayukta  shall  be
reduced—

(a) by the amount of that pension, and

(b) if he has, before such appointment, received in lieu of a portion of the pension
due to him in respect of such previous service the commuted value thereof, by the
amount of that portion of the pension, and

(c) if he has, before such appointment, received a retirement gratuity in respect of

such previous service, by the pension equivalent of that gratuity.

--------------

THE  THIRD  SCHEDULE.
[ See section 8 (1)(a) ]

(a) Action taken for the purpose of investigating crime or protecting 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 contract governing purely
commercial relations of the administration with customers or suppliers, except where the
complainant alleges harassement or gross delay in meeting contractual obligations.

(d) Action taken in respect of appointments, removals, pay, discipline, superannua-
tion  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.

————

GPN-Hb-1807-ADGL&JDM-2-2015-7000  copies-PC-4*.

