KARNATAKA
LOKAYUKTA (AMENDMENT) ACT, 2015 THE KARNATAKA LOKAYUKTA (AMENDMENT) ACT, 2015 [Act No. 35 of 2015] [13th August, 2015] An Act further to amend the Karnataka
Lokayukta Act, 1984. Whereas,
it is expedient further to amend the Karnataka Lokayukta Act, 1984 (Karnataka
Act 4 of 1985), for the purposes hereinafter appearing; Be it
enacted by Karnataka State Legislature in the Sixty-sixth year of the Republic
of India as follows.-- (1)
This Act may be called the Karnataka
Lokayukta (Amendment) Act, 2015. (2)
It shall come into force on such date as the
State Government may, by notification, appoint. In the
Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985) (hereinafter referred
to as the 'Principal Act'), in Section 3.-- (1)
in sub-section (2).? (i)
in clause (a), after the words "or that
of the Chief Justice of a High Court", the words "or a person who has
held the office of a Judge of a High Court for not less than ten years"
shall be inserted; (ii)
in clause (b), after the words "who has
held the office of a Judge of a High Court", the words "for not less
than five years" shall be inserted. For
Section 6 of the principal Act, the following shall be substituted, namely.-- "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 misbehaviour or
incapacity. (2)
A notice of motion for removal of Lokayukta
or an Upalokayukta may be given in writing to: (a)
the Speaker of the Karnataka State
Legislative Assembly duly signed by not less than one-third of the total
membership of that House; or (b)
the Chairman of the Karnataka State
Legislative Council duly signed by not less than one-third of the total
membership of that House. (3)
Soon after the receipt of notice of motion
referred in sub-section (2), the Speaker or Chairman, as the case may be, after
consulting such persons, if any, as he thinks fit and after considering such
materials, if any, as may be available to him and after satisfying himself as
to the prima facie case regarding incapacity or misbehaviour of the Lokavukta
or Upalokayukta, as the case may be, either admit the motion or refuse to admit
the same. (4)
Where a notice of a motion referred to in
sub-section (2) is admitted, the Speaker or the Chairman, as the case may be,
shall keep the motion pending and refer the matter to the Chief Justice of the
High Court of Karnataka for the purpose of making an investigation into the
grounds on which the removal of Lokayukta or an Upalokayukta is prayed for: Provided
that where notices of a motion referred to in sub-section (2) are given on the
same day in both the Houses of the Legislature, no reference to the Chief
Justice of the High Court of Karnataka shall be made unless the motion has been
admitted in both the Houses and where such a motion is admitted in both Houses,
the matter shall be referred to the Chief Justice of the High Court of
Karnataka jointly by the Speaker and the Chairman: Provided
further that where notices of a motion as aforesaid are given in the Houses of
Legislature on different dates, the notice which is given later shall stand
rejected. (5)
When the motion is referred to the Chief
Justice of the High Court of Karnataka, the Chief Justice of Karnataka or as
the case may be, by such other Judge of the High Court nominated by him shall
frame definite charges against the Lokayukta or an Upalokayukta, as the case
may be, on the basis of which the investigation is proposed to be held. Such
charges together with a statement of the grounds on which each such charge is
based shall be communicated to the Lokayukta or Upalokayukta and he shall be
given a reasonable opportunity of presenting a written statement of defence
within such time as may be specified in this behalf by the Chief Justice of the
High Court of Karnataka or the other Judge of High Court so nominated. (6)
The State Government may, if required by the
Speaker or the Chairman, or by both, as the case may be, appoint an Advocate to
conduct the case against the Lokayukta or Upalokayukta, as the case may be. (7)
The Chief Justice of the High Court of
Karnataka or the Judge of the High Court nominated by him shall have power to
regulate his own procedure in making the investigation and shall give a
reasonable opportunity to the Lokayukta or the Upalokayukta, as the case may
be, for presenting a written statement of defence, for cross-examining
witnesses, adducing evidence and of being heard in his defence by himself or
through his Advocate. (8)
For the purpose of making any investigation
under this Act, the Chief Justice of the High Court of Karnataka or the Judge
of the High Court nominated by him shall have the powers of the Civil Court,
while trying a suit, under the Code of Civil Procedure, 1908, in respect of the
following matters, viz.: (a)
summoning and enforcing the attendance of any
person and examining him on oath; (b)
requiring the discovery and production of
documents; (c)
receiving evidence on oath; (d)
issuing commissions for the examination of
witnesses or documents. (9)
The Chief Justice of the High Court of
Karnataka or the Judge of the High Court nominated by him after investigating
into the matter referred to him shall prepare a report and submit the same to
the Speaker or to the Chairman as the case may be, and to the Speaker and the
Chairman in case the matter is referred by both, within ninety days from the
date of such reference. (10)
If the report of the Chief Justice of the
High Court of Karnataka or the Judge of the High Court nominated by him
contains a finding that the Lokayukta or Upalokayukta against whom charges were
framed is not guilty of any misbehaviour or does not suffer from any incapacity,
then no further steps shall be taken in either House of the State Legislature
in relation to the report and no further proceeding is necessary in respect of
pending motion. (11)
If the report of the Chief Justice of the
High Court of Karnataka or the Judge of the High Court contains a finding that
the Lokayukta or Upalokayukta against whom charges were framed is guilty of any
misbehaviour or suffers from any incapacity, then the motion referred to in
sub-section (2) shall, together with the report of the Chief Justice of the
High Court of Karnataka or the Judge of the High Court, as the case may be,
taken up for consideration by the House or the Houses of the State Legislature
in which the motion is pending. (12)
If the motion referred to in sub-section (2)
is adopted by each House of the State Legislature in accordance with the
provisions of sub-section (1), then the misbehaviour or incapacity of Lokayukta
or Upalokayukta, as the case may be, shall be deemed to have been proved and an
address praying for removal of Lokayukta or Upalokayukta shall be presented to
the Governor of the State duly signed by the Speaker and the Chairman. (13)
Once the Governor gives assent to the address
made under sub-section (12), the Lokayukta or Upalokayukta shall be deemed to
have been removed from office in accordance with law. (14)
The Lokayukta or Upalokayukta, as the case
may be, against whom a motion is moved before the House or the Houses of the
State Legislature for his removal, is precluded from discharge of his duties
during the pendency of motion for his removal before the House or the Houses of
the State Legislature". In
Section 12 of the principal Act, for sub-section (6), the following shall be
substituted, namely.-- "(6)
The Lokayukta shall present on or before 31st October of every year, a
consolidated report on the performance of his functions and that of the
Upalokayukta under this Act to the Governor".
Preamble - KARNATAKA LOKAYUKTA (AMENDMENT)
ACT, 2015PREAMBLE