In exercise of the
powers conferred by sub-section (1), read with clauses (c), (d) and (e) of
sub-section (2), of section 20 of the Maharastra Lokayukta and Upa-Lokayuktas
Act, 1971 (Mah. XLVI of 1971) and of alt other powers enabling him in that
behalf, the Governor of Maharashtra hereby makes the following rules, namely
:-- CHAPTER
I PRELIMINARY (1)
These rules may be called
the Maharashtra Lokayukta and Upa-Lokayuktas Rules, 1974. (2)
They shall come into force
at once. (1)
In these rules, unless the
context otherwise requires,-- (a)
" Act " means the
Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Mah. XLVI of 1971); (b)
" Assistant Registrar
" means a person appointed to be an Assistant Registrar under section 13; (c)
" Civil Manual"
means the Civil Manual issued by the High Court of Judicature, Bombay,
Appellate side, for the guidance of the Civil Courts and Officers subordinate
to it, as amended from time to time; (d)
" Code " means the
Code of Civil Procedure, 1908 (V of 1908), in its application to the State of
Maharashtra; (e)
" Criminal Manual"
means the Criminal Manual issued by the High Court of Bombay for the guidance
of the Criminal Courts and Officers subordinate to it, as amended from time to
time; (f)
" Registrar "
means a person appointed to be the Registrar under section 13; (g)
" Section " means
a section of the Act; (h)
" Schedule " means
a Schedule appended to these rules. (2)
Words and expressions used
but not defined in these rules and defined in the Act, shall have the meanings
respectively assigned to them in the Act. CHAPTER
II COMPLAINTS
AND AFFIDAVITS--FORM AND CONTENTS [See sub-section (2)
of section 9 and clause (a) of sub-section (5) of section 8] Save as otherwise
provided in these rules every complaint under the Act shall be made as far as
possbile in the form prescribed in schedule A and shall contain the following
particulars :-- (a)
The name and address of the
complainant. (b)
The name official
designation (if any) and address of the person against whom the complaint
involving a grievance or an allegation is made. (c)
If a complaint involving a
grievance is made after the expiry of twelve months from the date of the action
complained against, the date on which the said action complained against became
known to the complainant and statement of grounds showing sufficient cause for
not making the complaint within the period specified in section 8 (5) (a). (d)
A statement that the
complainant has not for the same matter resorted to any other remedy by way of
proceedings before any tribunal or court of law or any other authority
empowered to decide that matter. If the complainant has resorted to any such
remedy, the designation of the tribunal or court or authority, as the case may
be before which such proceedings were instituted, the date on which they were
instituted, the number given to such proceedings, if the proceedings are
disposed of, the result of such proceedings and if the proceedings are pending
the state at which pending, should be stated. Every complaint shall
be, duly signed by the complainant, or if he is illiterate it shall bear his
thumb impression duly attested by a literate person under his signature and
such person shall give his name and address below his signature. Every complaint shall
be accompanied by as many spare copies as there are public servants complained
against. Every complaint shall
be supported by an affidavit as prescribed in rules 7 and 8. (1)
Every affidavit shall be
drawn up clearly and legibly and as far as possible, in a language which the
person making it understands It shall be drawn in the first person and shall be
divided into paragraphs, if any, which should be numbered consecutively. Each
paragraph shall as far as possible, be confined to a distinct subject or
portion thereof. The affidavit shall be sworn in before the Registrar or the
Assistant Registrar or before a person legally authorised to administer oath. (2)
Every person, making an
affidivit shall state his name, father's or husband's name, as the case may be,
surname (if any), age, profession or trade and place of residence and give such
other particulars as will make it possible to Identity him clearly. (3)
Every affidavit shall be
duly signed by the person making it, or if he is illiterate it shall bear his
thumb impression duly attested by a literate person under his signature and
such literate person shall give his name and address below his signature. (4)
Every affidavit shall also
include averments consistent with clause (d) of rule 3. (1)
Manner of submission of
complaint or affidavit.? Every complaint or
affidavit shall be legibly typed or written on foolscap paper only one side,
leaving one fourth of each page as margin and shall be entitled "Before
the Lokayukta Maharashtra " or " Before the Upa-Lokayukta Maharashtra
", as the case may be (2)
Every affidavit shall
conclude as follows :-- " I do Swear in
the name of God/solemnly affirm that this is my name and Thump
impression/signature and that the contents of this affidavit are true. I
further swear /solemnly affirm that what is stated in paragraph (give numbers)
is true to my personal knowledge and what is stated in paragraphs (give
numbers) is true to my information and is believed by me to be true." (1)
If a complainant wants to
rely upon any document, he shall alongwith his complaint, submit under his
signature or thumb impression duly attested, a true copy of the document on
which he wants to rely. (2)
All such documents filed
shall be accompanied by a list in the form prescribed in Schedule B. Nothing in these
rules shall apply to any complaint or letter submitted under sub-section (3) of
section 9 : Provided that, the
Lokayukta or an Upa-Lokayukta, as the case may be, may in any such case call
for a complaint in the form prescribed in Schedule A, or an affidavit as
provided in rule 7, from the person concerned. CHAPTER
III PRELIMINARY
ACTION ON RECEIPT OF COMPLAINT, ETC. After any complaint
is received in the office, it shall be scrutinized by the Registrar, or under
his authority by an Assistant registrar, and if the Registrar or the Assistant
Registrar, as the case may be (hereinafter in this Chapter referral to as
"the registering authority ", is satisfied that the complaint is
proper, he may direct the complaint to be registered in a register maintained
for that purpose. If the registering
authority finds that the complaint is not according to the rules or is otherwise
defective, he may postpone the registration of the complaint and inform the
complainant to rectify the defects within a specified time and after such
compliance he may direct the complaint to be registered. If the necessary
requirements are not complied with within the time specified under the last
preceding rule or such further time as the registering authority may allow, the
complaint may be put up by the registering authority before the Lokayukta or
the Upa-Lokayukta, as the case be, and the Lokayukta or Upa-Lokayukta may
summarily reject such complaint or pass such other order as he deems fit in the
circumstances of the case. After any complaint
is registered, the registering authority or any other officer empowered in that
behalf by the Registrar, shall send to the complainant ah acknowledgement of
the complaint in the form prescribed in Schedule 'C', informing him that his
complaint is registered and giving him the number of his complaint. CHAPTER
IV INVESTIGATION
AND PROCEDURE (See section 10) A notice under rule 4
of the Maharashtra Lokayukta and Upa-Lokayuktas (Competent Authorities) Rules,
1973, shall be served upon the public servant concerned by registered post
acknowledgement due or by personal delivery after obtaining a receipt from him
or through the Officer to whom the public servant is subordinate in service. Such public servant
shall send his reply and offer his comments within the time specified or
granted. The reply shall be accompanied by an affidavit and also by a copy or
copies of the document or documents, if any, on which the public servant
desires to reply far his defence. If such public
servant fails to appear personally to file his reply and to offer his comments
or fails to file his reply and to offer his comments within the time specified
or granted, the complaint may be heard and decided in his absence. The Lokayukta or an
Upa-Lokayutka, as the case may be may for sufficient cause shown allow the
public servant concerned to file his reply and to offer his comments after the
time specified or granted. If any party to the
investigation files a document or documents in his support or if any file is
called for from a public record and if the Lokayukta or an Upa-Lokayukta, as
the case may be, considers it necessary in the interests of safety or security
he may specially direct any officer subordinate to him to take the documents or
file in his charge and safe custody, subject to further orders in that behalf. Ordinarily no
Advocate, Pleader Muktyar or other legal representative will be allowed to
appear before the Lokayukta or Upa-Lokayukta in the investigations under this
Act: Provided that the Lokayukta
or Upa-Lokayukta may in specific cases allow the parties to appear through any
such person. (1)
During the course of
conducting an investigation the Lokayukta or Upa-Lokayukta may serve both
parties with notice in the form-prescribed in Schedule D to appear before him
for a hearing, with or without witnesses, or for any other purpose. (2)
Such notice may be sent
through the Police Station of the area in which the complainant or public
servant complained against resides or through the Head of the Department in
which the public servant is serving or by registered post acknowledgement due
or in any other manner which the Lokayukta or the Upa-Lokayukta, as the, case
may be, thinks fit. During the course of
hearing, each party shall have a right to examine himself and his witnesses and
to cross-examine the opposite party and the witnesses examined by that party : Provided that, if any
cross-examination is irrelevant or is unduly lengthy or is otherwise improper,
the Lokayukta or the Upa-Lokayukta, as the case may be, may disallow it or any
part of it. (1)
The Lokayukta or the
Upa-Lokayukta, as the case may be, or an officer duly empowered by the
Lokayukta may administer oath to every person examined during any investigation
under the Act. (2)
The Lokayukta or the
Upa-Lokayukta. as the case may be may record in English the substance of the
evidence given by each person examined by him. (1)
The Lokayukta or
Upa-Lokayukta may in special cases appoint an interpreter or interpreters, who
shall be paid remuneration at such rate as may be fixed by the Lokayukta. (2)
The interpreter shall take
oath in the following form :-- I do swear in the
name of God/Solemnly affirm that I will well and truly interpret and explain
all questions put to and evidence given by witnesses and translate correctly
and accurately all documents given to me for translation. If either party wants
his witnesses to be summoned he shall pay in the form of Court fee stamps
process fee at the rate of 30 paise per witness and he shall deposit in the
office subsistence allowance at the rate prescribed in the Criminal Manual and
obtain a receipt as prescribed by rule 27: Provided that, the
person named in paragraph 3 of Chapter II of the Criminal Manual shall be
exempted from payment of process fee. Save as otherwise
provided or in the absence of any other specific order in that behalf, summons
to witnesses may be issued in the form prescribed in Schedule 'E' and may be
served through the Police Station within whose juridiction the witness resides. CHAPTER
V ACCOUNTS A party depositing
witness subsistence allowance shall be given a receipt in form 'A' as shown in
the Civil Manual. Such amounts shall be
entered in 'G' Register as prescribed in the Civil Manual. All amounts paid to a
witness or witnesses or repaid to the party concerned, shall be entered in a
register described as 'H' Register in the Civil Manual. The daily total of
'G' and 'H' Register shall be carried to the daily cash book. Balance
unclaimed within one year from the close of the case shall after the close of
March next year be credited to Government. CHAPTER
VI CLOSURE
OF A CASE (See section 10) If the Lokayukta or
Upa-Lokayukta refuses to investigate or ceases to investigate any complaint for
reasons stated in sub-section (4) of section 10, the finding shall be
communicated to the complainant and, if necessary to the public servant
concerned, in the form prescribed in Schedule 'F' CHAPTER
VII FURNISHING
OF INFORMATION AND PRODUCTION OF DOCUMENTS, ETC (See section 11) (1)
Where the Lokayukta or
Upa-Lokayukta require any public servant or any other person to furnish
information or to produce documents under section 11(1) the Registrar shall
issue a notice in the form prescribed in Schedule 'G' to the office or
authority in whose custody that document or file would ordinarily be. (2)
If the file is not produced
or sent within one month from the date of receipt of the notice by the officer
or authority concerned, the Registrar shall write to the Head of the Department
concerned and wait for 15 days thereafter. (3)
If the file is not received
within 15 days after the Registrar's letter referred to in sub-rule (2), the
complaint shall be put up before the Lokayukta or the Upa-Lokayukta as the case
may be, for disposal. Where any party to an
investigation before the Lokayukta or Upa-Lokayukta, without lawful excuse,
refuses to produce a document or documents in his custody of power, the
Lokayukta or the Upa-Lokayukta as the case may be, proceed to decide the matter
against him in the absence of those documents and may also strike off the
complaint or defence as the case may be; or may make such other orders as he
thinks fit. CHAPTER
VIII GENERAL
POWERS [See sections 11(2) (f) and 20(2)] If during the course
of an inquiry or investigation under this Act, the Lokayukta or Upa-Lokayukta
is primafacie satisfied that the case is likely to result in an action being
taken under section 12(1) or 12(3), he may direct that the further
implementation or enforcement of the order or action-complained against be
stayed and may direct the status quo as on the date of the application to be
maintained on such terms and conditions, if any, as he thinks fit. CHAPTER
IX MISCELLANEOUS (1)
The Certificate as required
by sub-section (5) of section 11 shall be issued by the Chief Secretary, within
a period of sixty days from the date on which the information is required to be
furnished, the question is required to be answered or the document is required
to be produced: Provided that, this
period may be extended by the Lokayukta or the Upa-Lokayukta, as the case may
be, for such period as he thinks fit. (2)
If the certificate is not
issued during this period, it shall be deemed that for the purposes of the
investigation no such objection exists. When a case is
closed, the information to be given to the complainant, to the public servant
concerned and to the competent authority concerned according to sub-section (5)
of section 12, shall subject to the specific written order of the Lokayukta or
Upa-Lokayukta, be given in the form prescribed in Schedule 'H'. When a special report
is made to the Governor under sub-section (5) of section 12, the information to
be given to the complainant regarding such report shall, subject to the
specific written order of the Lokayukta or Upa-Lokayukta be given in the form
prescribed in Schedule 'I'. If the case is closed
for default of complainant or if it is ordered to be filed or if it is decided
exparte against the public servant, the Lokayukta or Upa-Lokayukta as the case
may be if sufficient cause is shown to him, may restore the complaint to file
and may re-open the case and re-hear it on merits. (1)
While, conducting a
preliminary inquiry or an investigation under this Act, the Lokayukta or the
Upa-Lokayukta, as the case may be, shall have all the powers of a Civil Court
as contained in Order XI, rules 12, 13, 14 and 21, Order XII, rule 3-A, Order
XIII, rule 10, Order XVI, rules 1 to 7, 10, 11, 12 regarding imposition of fine
only, 14, 15 and 16, in the First Schedule to the Code, with such variations as
circumstances may require. (2)
Any amount of fine imposed
as per Order XVI rule 12, aforesaid, shall be recovered from the party as an
arrear of land revenue. No person shall be
entitled to a certified copy of any record of the proceeding before the
Lokayukta or the Upa-Lokayukta as the case may be : Provided that,
subject to the provisions of sections 10(2) and 14 (1), the Lokayukta or
Upa-Lokayukta, may permit a certified copy to be granted of the final order
passed in a case or of such part thereof as he may deem fit. Subject to the
general or special order issued by the Lokayukta in this behalf the record of a
case may be destroyed after a period of three years from the date of close of
the case. For example if a case is closed on the 20th February 1973, the record
should be destroyed after 1976; Provided that, the
original complaint and the final order passed or the finding given shall be
preserved permanently. (1)
If while making any
preliminary inquiry or while conducting any investigation under the Act, or at
any time, the Lokayukta or the Upa-Lokayukta, as the case may be, on his own
motion examines any person as a witness, whether as witness to give evidence,
or to produce any document in his possession, and if such person is in any
private service, such person shall obtain from the office of the Lokayukta a
certificate that he has attended the office of Lokayukta or Upa-Lokayukta for
the purpose of giving evidence. The certificate shall state the date of his
appearance and the period for which he had been detained; Explanation.-- For
the purposes of this rule, " Private service " means any employment
other than that of a public servant: (2)
If the person produces such
a certificate before his employer, he shall be deemed to have been on duty on
such date or dates and he shall not be marked absent from duty on such date or
dates or be penalised in any manner. (3)
If such person is a public
servant to whom Civil Services Rules or Regulations apply, he shall obtain a
similar certificate that he was so summoned and has attended the office of
Lokayukta or Upa-Lokayukta. Upon production of such a certificate, he shall be
treated as on duty on the day or dates on which he attended the office of the
Lokayukta or Upa-Lokayukta. (4)
If such person is not
employed in any service and, if the Lokayukta or the Upa-Lokayukta, as the case
may be, thinks fit, such person may be paid travelling allowance, if any, and
subsistence allowance at the rates mentioned in the Civil Manual. SCHEDULE 'A' (See rule 3) Before the Lokayukta
Upa-Lokayukta, Maharashtra, at Bombay COM. No. L/UL of A. B. (Add
description and residence) . . .. Complainant; Versus C. D. (Add Official
designation if any and address).. Public Servant Complained against Herein the
complainant complains as follows :-- (Here give a brief
substance of the action complainted against and of the grievance or
allegation.) (Lengthy statements should be avoided.). [If a complaint
involving a grievance is made after the expiry of 12 months from the date of
the action complained against, give the date on which the action complained
against became known to the complainant and a statement of grounds showing
sufficient cause for not making the complaint within the period specified in section
8(5)(a).] A duly sworn in
affidavit supporting the averments in the complaint is filed herewith. This day
of (month and
year). (Signature or thumb
mark of the complainant). SCHEDULE 'B' [See rule 9(2)] Office of the
Lokayukta and Upa-Lokayukta Complaint
No..........................of.............................. Names of
Parties.--(1) Complainant ................................... Versus Persons complained
against (1)
................................... (2).................................... (3).................................... List of documents
filed on behalf of the .................................. Serial No. of
Document Brief Description of
the document Original certified
Copy or true copy Remarks 1 2 3 4 Verified Signature of the
Officer. Date Signature of the
party filing. SCHEDULE 'C' (See rule 14) To (Give name and
address of complainant). Your complaint
addressed to the Lokayukta/Upa-Lokayukta yksd vk;qDr
@mi&yksd vk;qDr ikps ukos vki.k ikBfoysyh
fnukad.............................. pks.. dated....................................is
received in this office on........ rJkj ;k
dk;k^y;kl................................... jksth iksgkspyh. It is registered as
COM. No. L/UL of 19 rdkj yks@mi&yks
uacj........................................ Eg.kwu uksanfo.;kr vkyh vkgs-. In all further
correspondence this number should be invariably mentioned. iq<hy l^o O;ogkjfr
lnjgw uaEcjpk mYys[k dj.ks vko';d vkgs. Your complaint is
defective on account of following defect :-- vkiY;k rdkjhr
[kkyhyizek.ks mf.kok vkgsr. It will not be
registered unless these defects are rectified lnj mf.kok nwj
dsY;kf'kok; vkiyh rdkj nk[ky d:u ?ksrk ;s.kkj ukgh. They should be
rectified on or before...................................... R;k.
fnukad................................................ jksth vxj R;kiwoh^ nwj
djk.;kr. Date..........___................________________Superintendent. rkjh[k....................................................................
v/kh{kd]. Office of the
Lokayukta/Upa-Lokayukta, Bombay. yksd vk;qDr
@mi&yksd vk;qDr ;kaps dk;k^y; eqcab^. SCHEDULE 'D' {See rule 21) Before the
Lokayukta/Upa-Lokayukta, Maharashtra at Bombay COM. No.
L/UL Of Complainant; Versus Public Servant. .... To ......................................................................... Take notice that the
aforesaid complaint is fixed for hearing................ ....................................................................................................... (Place) on..............................
You are, therefore, required to remain present there with your witnsses, if
any, at ........................ Herein fail not. Take notice that if
you fail to attend in accordance with this notice, the matter may be decided in
your absence. Given under my hand
and seal of the office. Dated
........................... Assistant Registrar, Office of the Lokayukta/Upa-Lokayukta,
Bombay. SCHEDULE 'E' (See rule 26) Summons to Witness In the Office of the
Lokayukta/Upa-Lokayukta at Bombay COM. No.L/ULNo of Complainant; Versus Public Servant. .... To ....................................................................... Whereas your
attendance is required as a witness before Lokayukta/Upa-Lokayukta on behalf
of.............................. in the above complaint, you are hereby
required to appear personally before him on the........at 11O'clock in the
forenoon and to bring with you the following documents or to send them through
your servant or agent able to prove them. A sum of
Rs.............being your travelling allowance other expenses and subsistance
allowance for one day is deposited in this office and will be paid to you after
your appearance here. Should you require the amount prior to your appearance
you should inform this office accordingly so that the amount will be sent to
you by money order. If you fail to comply with this order without lawful excuse
you will be subject to consequences of non-attendance as laid down in rule 12,
Order XVI in the First Schedule to the Code of Civil Procedure, 1908. Given under my hand
and seal of the office. Dated.................. Assistant
Registrar, Office of the
Lokayukta/Upa-Lokayukta, Bombay, SCHEDULE 'F' (See rule 32) In the Office of the
Lokayukta/Upa-Lokayukta at Bombay COM. No. L/UL No. Of Complainant; Versus Public Servant. .... To ............................................................ Take notice that
under section 10(4) of the Act, the Lokayukta/Upa-Lokayukta has refused to
investigate/or ceased to investigate, this complaint as,-- *(a) The complaint is
frivolous or vexatious; or is not made in good faith; or *(b) There are no
sufficient grounds for investigating or, as the case may be, for continuing the
investigation; or *(c) Other remedies
are available to the complainant and in the circumstances of the case it would
be more proper for the complainant to avail of such remedies. Given under my
hand and seal of the office. Dated...................... Assistant Registrar, Office of the
Lokayukta/Upa-Lokayukta, Bombay. Strike off whichever
is not applicable. SCHEDULE 'G' (See rule 33) Summons to Produce a
Document under, section 11(1) of the Act In the Office of the
Lokayukta/Upa-Lokayukta at Bombay COM. No. L/UL
No. of Whereas a complaint
has been made before the Lokayukta/Upa-Lokayukta at Bombay by
...................................................... against (Name and address of
Complainant) Public
Servant............................................. containing (Name, designation
address) grievance/allegation
in respect of........................and it appears to the Lokayukta Upa-Lokayukta
desirable for the purpose of inquiry/investigation that the following
document(s) should be produced before him. You are hereby
summoned to attend and produce or cause to be produced through your servant,
clerk or agent, the said document(s) before him in his office on ...... ........................next
at eleven O'clock in the forenoon. Herein fail not. Given under my hand
and seal of the office. Dated.................................. Assistant Registrar, Office of the
Lokayukta/Upa-Lokayukta, Bombay. SCHEDULE 'H' (See rule 37) In the Office of the
Lokayukta/Upa-Lokayukta at Bombay COM. No. L/UL No. of Complainant; Versus Public Servant. .... To Whereas the
Lokayukta/Upa-Lokayukta is satisfied with the action taken or proposed to be
taken on his recommendations or findings referred to in sub-sections (1) and
(3) of section 12 of the Act, the case is hereby closed. Given under my hand
and seal of the office. Dated
.................................. Assistant Registrar, Office of the
Lokayukta Upa-Lokayukta, Bombay. SCHEDULE 'I' (See rule 38) In the Office of the
Lokayukta/Upa-Lokayukta at Bombay COM. No. L/UL No. of Complainant; Versus Public Servant. .... To .............................................. Whereas the
Lokayukta/Upa-Lokayukta is not satisfied with the action taken or proposed to
be taken on his recommendations and findings referred to in sub-sections (1)
and (3) of section 12 of the Act and whereas he considers that a special report
deserves to be made to the Governor as per section 12(5) of the Act. he has
accordingly made such special report upon this case to the Governor of
Maharashtra. Given under my hand
and seal of the office. Date ........................................... Assistant Registrar, Office of the
Lokayukta/Upa-Lokayukta, BombayTHE MAHARASHTRA LOKAYUKTA AND
UPA-LOKAYUKTAS RULES, 1974.
PREAMBLE