KARNATAKA LOKAYUKTA ACT, 1984

KARNATAKA LOKAYUKTA ACT, 1984

Preamble - KARNATAKA LOKAYUKTA ACT, 1984

THE KARNATAKA LOKAYUKTA ACT, 1984

[Act No. 04 of 1985]

[16th January, 1985]

PREAMBLE

An Act to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto.

WHEREAS it is expedient to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto;

BE it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Karnataka Lokayukta Act, 1984.

(2)     It shall come into force on such [1] [date][2] as the State Government may, by notification, appoint.

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

(1)     "action" means administrative action taken by way of decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions [3] [relating to][4] such action shall be construed accordingly;

(2)     "allegation" in relation to a public servant means any affirmation that such public servant,-

(a)      has abused his position as such public servant to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;

(b)      was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives;

(c)      is guilty of corruption, favoritism, nepotism, or lack of integrity in his capacity as such public servant; or 

(d)      has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs;

(3)     "Chief Minister" means the Chief Minister of Karnataka;

(4)     "competent authority" in relation to a public servant means,-

(a)      in the case of Chief Minister or a member of the State Legislature, the Governor acting in his discretion;

(b)      in the case of a Minister or Secretary, the Chief Minister;

(c)      in the case of a Government servant other than a Secretary, the Government of Karnataka;

(d)      in the case of any other public servant, such authority as may be prescribed;

(5)     "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;

(6)     "Government servant" means a person who is a member of the Civil Services of the State of Karnataka or who holds a civil post or is serving in connection with the affairs of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person, whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka;

(7)     "Governor" means the Governor of Karnataka;

(8)     "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;

(9)     "Lokayukta" means the person appointed as the Lokayukta under section 3;

(10)   "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case where,-

(a)      such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or

(b)      there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;

(11)   "Minister" means a member of the Council of Minister for the State of Karnataka, but excluding the Chief Minister;

(12)   "public servant" means a person who is or was at any time,-

(a)      the Chief Minister;

(b)      a Minister;

(c)      a member of the State Legislature;

(d)      a Government Servant;

(e)      the Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify;

(f)       member of a Committee or Board, statutory or non-statutory, constituted by the Government; and

(g)      a person in the service or pay of,-

(i)?? ?a local authority in the State of Karnataka;

(ii)? ?a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Government and any other board or corporation as the State Government may having regard to its financial interest therein, by notification from time to time, specify;

(iii)?? a company registered under the Companies Act, 1956, in which not less than fifty one per cent of the paid up share capital is held by the State Government, or any company which is a subsidiary of such company;

(iv)? ?a society registered or deemed to have been registered under the Karnataka Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the official Gazette;

(v) ???a co-operative society;

(vi)?? ?a university;

Explanation.- In this clause, "Co-operative Society" means a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959, and "university" means a university established or deemed to be established by or under any law of the State Legislature,

(13)   "Secretary" means a Secretary to the Government of Karnataka and includes a Special Secretary, an Additional Secretary and a Joint Secretary;

(14)   "Upalokayukta" means a person appointed as Upalokayukta under section 3.

Section 3 - Appointment of Lokayukta and Upalokayukta

(1)     For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokayukta and one or more persons to be known as the Upalokayukta or Upalokayuktas.

(2)     (a) A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.

(b) A person to be appointed as an Upalokayukta shall be a person who has held the office of a judge of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.

(3)     A person appointed as the Lokayukta or an Upalokayukta 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.

Section 4 - Lokayukta or Upalokayukta not to hold any other office

The Lokayukta or Upalokayukta shall not be a members of the Parliament or be a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as Lokayukta or Upalokayukta) or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Lokayukta or an Upalokayukta shall,-

(a)      if he is a member of the Parliament or of the Legislature of any State, resign such membership; or

(b)      if he holds any office of trust or profit, resign from such office; or

(c)      if he is connected with any political party, sever his connection with it; or

(d)      if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or

(e)      if he is practising any profession, suspend practice of such profession.

Section 5 - Term of office and other conditions of services of Lokayukta and Upalokayukta

(1)     A person appointed as the Lokayukta or Upaloakayukta shall hold office for a term of five years from the date on which he enters upon his office:

Provided that,-

(a)      the Lokayukta or an Upalokayukta may, by writing under his hand addressed to the Governor, resign his office;

(b)      the Lokayukta or an Upalokayukta may be removed from office in the manner provided in section 6.

(2)     On ceasing to hold office, the Lokayukta or an Upalokayukta shall be ineligible for further employment to any office of profit under the Government of Karnataka or in any authority, corporation, company, society or university referred to in item (g) of clause (12) of section 2.

(3)     There shall be paid to the Lokayukta and the Upalokayukta every month a salary [5] [equal to that of the Chief Justice of a High Court and that of a Judge of the High Court respectively][6].

[7] [Proviso x x x ][8]

(4)     The allowances payable to and other conditions of service of the Lokayukta or an Upalokayukta shall be such as may be prescribed:

Provided that,-

(a)      in prescribing the allowances payable to and other conditions of service of the Lokayukta, regard shall be had to the allowances payable to and other conditions of service of the Chief Justice of India;

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

[9] [(c) no dearness allowance shall be payable either to the Lokayukta or Upalokayukta.][10]

Provided further that the allowances payable to and other conditions of service of the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment.

(5)     the administrative expenses of the office of the Lokayukta and Upalokayukta including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of the State.

Section 6 - Removal of Lokayukta or Upalokayukta

(1)     The Lokayukta or an Upalokayukta shall not be removed from his office except by an order of the Governor passed after an address by each House of the State Legislature supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the Governor in the same session for such removal on the ground of proved misbehavior or incapacity.

(2)     The procedure of the presentation of an address and for the investigation and proof of the misbehavior or incapacity of the Lokayukta or an Upalokayukta under subsection (1) shall be as provided in the Judges (Inquiry) Act, 1968 in relation to the removal of a Judge and accordingly the provisions of that Act shall, mutatis mutandis, apply in relation to the removal of the Lokayukta and Upalokayukta as they apply in relation to the removal of a Judge.

Section 7 - Matters which may be investigated by the Lokayukta and an Upalokayukta

(1)     Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by or with the general or specific approval of,-

(i)       the Chief Minister;

(ii)      a Minister or a Secretary;

(iii)     a member of the State Legislature; or

(iv)    any other public servant being a public servant of a class notified by the State Government in consultation with the Lokayukta in this behalf;

in any case where a complaint involving a grievance or an allegation is made in respect of such action [11] [ x x x ][12]

(2)     Subject to the provisions of this Act, an Upalokayukta may investigate any action which is taken by or with the general or specific approval of, any public servant not being the Chief Minister, Minister, Member of the Legislature, secretary or other public servant referred to in sub-section (1), in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Upalokayukta, the subject of a grievance or an allegation;

[13] [(2A) Notwithstanding anything contained in sub-sections (1) and (2), the Lokayukta or an Upalokayukta may investigate any action taken by or with the general or specific approval of a public servant, if it is referred to him by the State Government.][14]

(3)     Where two or more Upalokayuktas are appointed under this act, the [15] [Lokayukta][16] may, by general or special order, assign to each of them matters which may be investigated by them under this Act:

Provided that no investigation made by an Upalokayukta under this Act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order.

[17] [(4) Notwithstanding anything contained in sub-sections (1) to (3) when an Upalokayukta is unable to discharge his functions owing to absence, illness or any other cause, his function may be discharged by the other Upalokayukta, if any and if there is no other Upalokayukta by the Lokayukta.][18]

Section 8 - Matters not subject to investigation

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

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

(b)      if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, [19] [court, officer or other authority and has not availed of the same.][20]

(2)     The Lokayukta or an Upalokayukta shall not investigate,-

(a)      any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;

(b)      any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;

(c)      any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant; or

(d)      any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have taken place;

Provided that he may entertain a complaint referred to in clauses (c) and (d) if the complainant satisfied that he had sufficient cause for not making the complaint within the period specified in those clauses.

(3)     In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Upalokayukta to question any administrative 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.

Section 9 - Provisions relating to complaints and investigations

(1)     Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta.

(2)     Every complaint shall be made in the form of a statement supported by an affidavit and in such form and in such manner as may be prescribed.

(3)     Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit, to conduct any investigation under this Act, he,-

(a)      shall forward a copy of the complaint to the public servant and the competent authority concerned;

(b)      shall afford to such public servant an opportunity to offer his comments on such complaint;

(c)      may make such order as to the safe custody of documents relevant to the investigation, as he deems fit.

(4)     Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held either in public or in camera, as the Lokayukta or the Upalokayukta, as the case may be, considers appropriate in the circumstances of the case.

(5)     The Lokayukta or the Upalokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if, in his opinion,-

(a)      the complaint is frivolous or vexatious or is not made in good faith;

(b)      there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or

(c)      other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.

(6)     In any case where the Lokayukta or an Upalokayukta 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.

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

Section 10 - Issue of search warrant, etc

(1)     Where in consequence of information in his possession, the Lokayukta or an Upalokayukta,-

(a)      has reason to believe that any person,-

(i)       to whom a summon or notice under this Act, has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;

(ii)      is in possession of any money, bullion, jewelry or other valuable article or thing and such money, bullion, jeweller or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or

(b)      considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,-

he may by a search warrant authorise any Police Officer not below the rank of an [21] [Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to][22] 

(i)       enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;

[23] [(ia) search any person who is reasonably suspected of concealing about his person any article for which search should be made.][24]

(ii)      break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.

(iii)     seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;

(iv)    place marks of identification on any property or document or make or cause to be made extracts or copies there from; or

(v)      make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing.

(2)     The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).

(3)     A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.

Section 11 - Evidence

(1)     Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry if any, before such investigation) under this Act, the Lokayukta or an Upalokayukta may require any public servant or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

(2)     For the purpose of any such investigation (including the preliminary inquiry) the Lokayukta or an Upalokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-

(a)      summoning and enforcing the attendance of any person and examining him on oath;

(b)      requiring the discovery and production of any document;

(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 Upalokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.

(4)     No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document,-

(a)      as might prejudice the affairs of the State of Karnataka or the security or defence or international relations of India (including India's relations with the Government of any other country or with any international organisation);

(b)      as might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet, and for the purpose of this sub-section, a certificate issued by the Chief Secretary certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive.

(5)     For the purpose of investigation under this Act no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.

Section 12 - Reports of Lokayukta, etc

(1)     If, after investigation of any action [25] [ x x x ][26] involving a grievance has been made, the Lokayukta or an Upalokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, the Lokayukta or an Upalokayukta shall, by a report in writing, recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.

(2)     The competent authority to whom a report is sent under sub-section (1) shall, within one month of the expiry of the period specified in the report, intimate or cause to be intimated to the Lokayukta or the Upalokayukta the action taken on the report.

(3)     If, after investigation of any action [27] [XXX][28] involving an allegation has been made, the Lokayukta or an Upalokayukta is satisfied that such allegation [29] [is substantiated][30] either wholly or 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 subsection (3) and within three months of the date of receipt of the report, intimate or cause to be intimated to the Lokayukta or the Upalokayukta the action taken or proposed to be taken on the basis of the report.

(5)     If the Lokayukta or the Upalokayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in sub-sections (1) and (3), he shall close the case under information to the complainant, the public servant and the competent authority concerned; but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the competent authority concerned and the complainant.

[31] [(6) The Lokayukta shall present annually a consolidated report on the performance of his functions and that of the Upalokayukta under this Act to the Governor.][32]

(7) ??On receipt of the 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) ??The Lokayukta or an Upalokayukta may at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him which may appear to him to be of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate.

Section 13 - Public servant to vacate office if directed by Lokayukta, etc

(1)     Where after investigation into a complaint the Lokayukta or an Upalokayukta is satisfied that the complaint involving an allegation against the public servant [33] [is substantiated][34] and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta shall make a declaration to that effect in his report under sub section (3) of section 12. [35] [ Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration. In other cases, the competent authority shall send a copy of such report to the State Government which may either accept or reject the declaration.][36] If it is not rejected within a period of three months from the date of receipt of the report [37] [ or the copy of the report, as the case may be][38] it shall be deemed to have been accepted [39] [ x x x ][40] on the expiry of the said period of three months.

(2)     If the declaration so made is accepted or is deemed to have been [41] [accepted ][42] the fact of such acceptance or the deemed acceptance [43] [shall, immediately be intimated by registered post by the Governor, the State Government or the Chief Minister, if any of them is the competent authority and the State Government in other cases][44] then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned shall, with effect from the [45] [date of intimation of such acceptance or of][46] the deemed acceptance of the declaration,-

(i)       if the Chief Minister or a Minister resign his office of Chief Minister, or Minister, as the case may be;

[47] [(ii) if a public servant falling under items (e) and (f), but not falling under items (d) and (g) of clause (12) of section 2, be deemed to have vacated his office; and][48]

(iii)?  [49] [if a public servant falling under items (d) and (g) of clause (12) of section 2][50] be deemed to have been placed under suspension by an order of the appointing authority;

Provided that if the [51] [ public servant][52] is a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (Central Act 61 of 1951) the State Government shall take action to keep him under suspension in accordance with the rules or regulations applicable to his service.

Section 14 - Initiation of prosecution

If after investigation into any complaint the Lokayukta or an Upalokayukta is satisfied that the public servant has committed any criminal offence [53] [and should be prosecuted][54] in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate authority on the date of such order.

Section 15 - Staff of Lokayukta, etc

[55] [(1) There shall be such officers and employees as may be prescribed to assist the Lokayukta and the Upalokayutha or the Upalokayuktas in the discharge of their functions under this Act.][56]

(2) ??The categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) including such special conditions as may be necessary for enabling them to act without fear in the discharge of their functions, shall be such as may be prescribed in consultation with the Lokayukta [57] [ x x x ][58].

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

[59] [(a) any officer or investigating agency of the State Government; or

(aa) any officer or investigating agency of the Central Government with the prior concurrence of that Government; or][60]

(b) ??any other agency.

[61] [(4) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokayukta.

Provided that when Lokayukta is unable to discharge his functions owing to absence, illness or any other cause, the Upalokayukta or if there are more than one Upalokayukta, the senior among them may discharge the functions of the Lokayukta under this subsection][62]

Section 16 - Secrecy of information

(1)     Any information obtained by the Lokayukta or an Upalokayukta or members of his staff in the course of or for the purpose of any investigation under this Act and any evidence recorded or collected in connection with such information, shall be treated as confidential and no court shall be entitled to compel the Lokayukta or the Upalokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected.

(2)     Nothing in sub-section (1) shall apply to the disclosure of any information or particulars referred to therein,-

(a)      for the purposes of this Act or for the purposes of any action or proceedings to be taken on such report under section 12;

(b)      for purposes of any proceedings for an offence under the Official Secrets Act, 1923, or an offence of giving or fabricating false evidence under the Indian Penal Code or for purposes of trial of any offence under section 14 or any proceedings under section 17; or

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

Section 17 - Intentional insult or interruption to or bringing into disrepute the Lokayukta or Upalokayukta

(1)     Whoever intentionally insults or causes any interruption to the Lokayukta or Upalokayukta while the Lokayukta or Upalokayukta is conducting any investigation or inquiry under this Act shall, on conviction be punished with simple imprisonment for a term which shall not be less than six months but may extend to one year or with fine, or with both.

(2)     Whoever, by words spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Lokayukta or an Upalokayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which shall not be less than six months but may extend to one year or with fine, or with both.

(3)     The provisions of section 199 of the Code of Criminal Procedure, 1973, shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply in relation to an offence referred to in sub-section (1) of the said section 199, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokayukta or the concerned Upalokayukta:

(4)     The Court may for any adequate and special reasons to be mentioned in the judgment impose a lesser sentence of imprisonment and fine.

Section 17A - Power to punish for contempt

[63] [The Lokayukta or Upalokayukta shall have, and exercise the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokayukta or Upalokayukta, as the case may be.][64]

Section 18 - Protection

(1)     No suit, prosecution, or other legal proceedings shall lie against the Lokayukta or an Upalokayukta or against any officer, employee, agency or person referred to in section 15 in respect of anything which is in good faith done while acting or purporting to act in the discharge of his official duties under this Act.

(2)     No proceedings of the Lokayukta or an Upalokayukta shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokayukta or an Upalokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction.

Section 19 - Conferment of additional functions on Upalokayukta

(1)     The Government may, by order, in writing and after consultation with an Upalokayukta, confer on the Upalokayukta powers to hold, in such manner and through such officers, employees and agencies referred to in section 15 as may be prescribed, enquiries against Government servants and persons referred to in item (g) of clause (12) of section 2 [65] [ other than those falling under clauses (ii) and (iv) of sub-section (1) of section 7][66], in disciplinary or [67] [other proceedings transferred under sub-section (3) of section 26 commenced][68] in furtherance of the recommendations of the Upalokayukta or otherwise.

(2)     Where powers are conferred on an Upalokayukta under sub-section (1) such Upalokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation [69] [made on a complaint][70] involving a grievance or an allegation, as the case may be, and the provisions of this Act shall apply accordingly.

Section 20 - Prosecution for false complaint

(1)     Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.

(2)     No court, except a court of a Metropolitan Magistrate or a Judicial Magistrate First Class shall take cognizance of an offence under sub-section (1).

[71] [(2A) No such court shall take congizance of an offence under sub-section (1) except on a complaint made by a person against whom false, frivolous or vexatious complaint was made after obtaining the previous sanction of the Lokayukta or Upalokayukta as the case may be][72]

(3)     The prosecution in relation to an offence under sub-section (1) shall be conducted by the Public Prosecutor and all expenses connected with such prosecution shall be borne by the State Government.

Section 21 - Power to delegate

The Upalokayukta may, subject to such rules as may be prescribed, by general or special order, in writing, direct that the functions and powers conferred by section 19 may also be exercised or discharged by such of the officers, employees or agencies referred to in section 15 as may be specified in the order.

Section 22 - Public servants to submit property statements

(1)     Every public servant referred to in sub-section (1) of section 7, other than a Government servant, shall within three months after the commencement of this Act and thereafter before the 30th June of every year submit to the Lokayukta in the prescribed form a statement of his assets and liabilities and [73] [those of the][74] members of his family.

(2)     If no such statement is received by the Lokayukta from any such public servant within the time specified in sub-section (1), the Lokayukta shall make a report to that effect to the competent authority and send a copy of the report to the public servant concerned. If within two months of such report the public servant concerned does not [75] [submit such statement the Lokayukta, shall publish or cause to be published the name of such public servant][76] in three newspapers having wide publication in State.

[77] [Explanation][78].- In this section "family of a public servant" means the spouse and [79] [such children and parents of the public servant as are dependent on him][80]

Section 23 - Power to make rules

(1)     The State Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2)     In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for,-

(a)      the authorities to be prescribed under sub-clause (d) of clause (4) of section 2;

(b)      the allowances and pensions payable to and other conditions of service of the Lokayukta and an Upalokayukta;

(c)      the form and manner in which [81] [a complaint][82] may be made;

(d)      the powers of a civil court which may be exercised by the Lokayukta or an Upalokayukta under clause (f) of sub-section (2) of section 11;

(e)      the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokayukta or Upalokayukta under sub-section (2) of section 15;

(f)       enquiries against [83] [Government servants][84] under section 19;

(g)      any other matter for which rules have to be made [85] [or are necessary][86] under this Act.

[87] [(2A) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature, subject to any modification made under sub-section (3) every rule made under this Act shall have effect as if enacted in this Act.][88]

(3)     Every rule made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that, any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule.

Section 24 - Removal of doubts

(1)     For the removal of doubts it is hereby declared that nothing in this Act shall be construed as authorising the Lokayukta or an Upalokayukta to investigate any action which is taken by or with the approval of,-

(a)      any Judge as defined in section 19 of the Indian Penal Code;

(b)      any officer or servant of any civil or criminal court in India;

(c)      the Accountant General for Karnataka;

(d)      the Chief Election Commissioner, the Election commissioners and the Regional commissioners referred to in Article 324 of the Constitution and the Chief Electoral Officer, Karnataka State;

(e)      the Speaker of the Karnataka Legislative Assembly or the Chairman of the Karnataka Legislative Council, and

(f)       the Chairman or a member of the Karnataka Public Service Commission.

(2)     The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy.

Section 25 - Removal of difficulties

Notwithstanding anything contained in this Act, the Governor may, by order, make such provision as he may consider necessary or expedient,-

(i)       for bringing the provisions of this Act into effective operation;

(ii)      for continuing the enquiries and investigations against Government servants and persons referred to in item (f) of clause (12) of section 2 pending before the Government or any other authority including the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 by the Lokayukta or an Upalokayukta.

Section 26 - Repeal and savings

(1)     The Karnataka State Vigilance Commission Rules, 1980 and the Karnataka Public Authorities (Disciplinary Proceedings against Employees) Act, 1982 (Karnataka Act 31 of 1982) and the Karnataka Lokayukta Ordinance, 1984 (Karnataka Ordinance 1 of 1984) are hereby repealed.

(2)     Notwithstanding such repeal any act or thing done under the said rules or Act or Ordinance shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.

(3)     All enquiries and investigations and other disciplinary proceedings pending before the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 and which have not been disposed of, shall stand transferred to and be continued by the Upalokayukta as if they were commenced before him under this Act.

(4)     Notwithstanding anything contained in this Act initially the staff of the Lokayukta shall consist of the posts of the Secretary and other Officers and employees of the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 immediately before the commencement of this Act and appointments to the said posts are hereby made by the transfer of the Secretary and other officers and employees of the State Vigilance Commission holding corresponding posts. The salaries, allowances and other terms and conditions of services of the said Secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act.

Schedule I - FIRST SCHEDULE

FIRST SCHEDULE

[See section 3 (3)]

I having been appointed as Lokayukta/Upalokayukta do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will.

Schedule II - SECOND SCHEDULE

SECOND SCHEDULE

[See section 8 (i) (a)]

(a)      Action taken for the purpose of investigating crimes relating to the security of the State.

(b)      Action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not.

(c)      Action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers, except where the complainant alleges harassment or gross delay in meeting contractual obligations.

(d)      Action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.

(e)      Grant of honours and awards.