UTTAR
PRADESH LOKAYUKTA AND UP-LOKAYUKTAS ACT, 1975 An act to make provision for the appointment and functions of certain
authorities for the investigation of grievances and allegations against
Ministers, legislators and other public servants in certain cases and for
matters connected therewith. IT IS HEREBY
enacted in the Twenty-sixth year of the Republic of India as follows: (1)
This Act may
be called the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975. (2)
It extends
to the whole of the State of Uttar Pradesh and applies also to the public
servants posted outside Uttar Pradesh in connection with the affairs of that
State. (3)
It shall
come into force on such date as the State Government may, by notification in
the Gazette appoint. In this Act,
unless the context otherwise requires,- (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 motive, or (iii)
is guilty of
corruption, or lack of integrity in his capacity as such public servant; (c)
"competent
authority", in relation to a public servant, means,- (i)
in the case
of a Minister or Secretary or member of the Legislative Assembly or of the
Legislative Council - the Chief Minister, (ii)
in the case
of any other public servant- Such authority as may be prescribed, (d)
[1]"grievance" means (1) a claim by a person that he sustained
injustice or undue hardship in consequence of mal-administration ; or (2) a
complaint to the effect that an authority empowered to make appointments to a
public service or post in connection with the affairs of the state of Uttar
Pradesh has after the commencement of the Uttar Pradesh Lokayukta, and
Up-Lokayuktas (Amendment) Act, 1989 made any appointment in breach of the quota
of reservation for members of scheduled caste or scheduled tribes laid down by
the state Government." (e)
"Lokayukta"
means a person appointed as the Lokayukta and "Up-Lokayukta" means a
person appointed as an Up-Lokayukta, under section 3, (f)
"mal-administration"
means action taken or purporting to have been taken in exercise of
administrative function in any case,- (i)
where such
action or the administrative procedure or practice governing such action is
unreasonable, unjust, utpirak, 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; (g)
"Minister"
means a member (other than the Chief Minister) of the Council of Minister, by
whatever name called, for the State of Uttar Pradesh, that is to say a
minister, Minister of State or Deputy Minister." (h)
"officer"
means a person appointed to a public service or post in connection with the
affairs of the State of Uttar Pradesh, (i)
"Prescribed"
means prescribed by rules made under this Act, [2]As
amended Vide Notification No. 613/17-v-1-1 (k-)-19-1989, dated 31-3-89. (U.P.
Act No. 10 of 1989) (j)
"public
servant" denotes a person falling under any of the following descriptions,
and includes, subject to the provisions of sub-section (4) of section 8, a
person who at any time in the past fell under any of the following descriptions
namely- (i)
every
Minister referred to in clause (g), (ii)
every member
of the Legislative Assembly or the Legislative Council of the State of Uttar
Pradesh not being the Chief Minister or Minister referred to in clause (g), (iii)
every
officer referred to in clause (h), (iv)
(a) every
Pramukh of a Kshettra Samiti, (b) every Adhyaksha of a Zila Parishad, (c) every Nagar Pramukh of a Nagar Mahapalika, (d) every President of the Municipal Board of a city as defined in
clause (4) section 2 of the U.P. Municipalities Act, 1916, (e) a non-official Chairman including every office-bearer of that
description by whatever name called, or Managing Director of a district level
central society or of an apex society, registered under any law relating to
co-operative societies for the time being in force; Explanation
- In this sub-clause, "central society" means a co-operative society
which includes in its membership other co-operative societies and "apex
society" means a State level central society. (v)
every person
in the service or pay of - (a)
any local
authority in the State of Uttar Pradesh which is notified by the State
Government in this behalf in the Gazette; (b)
any
corporation not being a local authority established by or under an Uttar
Pradesh or Central Act and owned or controlled by the State Government which is
notified by the State Government in this behalf in the Gazette; (c)
any
Government company within the meaning of section 617 of the Companies Act, 1956
(Central Act I of 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-share
capital is held by the State Government or any company[3] and
which is notified by the State Government in this behalf in the Gazette: (d)
any society
registered under the Societies Registration Act, 1860, which is owned or
controlled by the State Government and which is notified by that Government in
this behalf in the Gazette; (k)
"Secretary"
means a Secretary to the Government of Uttar Pradesh and includes a Special
Secretary an Additional Secretary and a Joint Secretary. (1)
For the
purpose of conducting investigations in accordance with the provisions of this
Act, the Governor shall, by warrant under his hand and seal, appoint a person
to be known as the Lokayukta and one or more persons to be known as the
Up-Lokayukta or Up-Lokayuktas: Provided that- (a)
the
Lokayukta shall be appointed after consultation with the Chief Justice of the
High Court of Judicature at Allahabad and the Leader of the Opposition in the
Legislative Assembly and 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
Up-Lokayukta or Up-Lokayuktas shall be appointed after consultation with the
Lokayukta: Provided further that where the Speaker of the Legislative Assembly
is satisfied that circumstances exist on account of which it is not practicable
to consult the Leader of the Opposition in accordance with clause (a) of the
preceding proviso, he may intimate the Governor the name of any other member of
the Opposition in the Legislative Assembly who may be consulted under that
clause instead of the Leader of the Opposition. (2)
Every person
appointed as the Lokayukta or an Up-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
Up-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 any issue such general or special direction as he
may consider necessary to the Up-Lokayukta: Provided
that nothing in this sub-section shall be construed to authorize the Lokayukta
to question any finding conclusion or recommendation of an Up-Lokayukta. The
Lokayukta shall be a person who is or has been a Judge of the Supreme Court or
a High Court and the Lokayukta or an Up-Lokayukta shall be a person who is not
and has never been 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 Up-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 at the
Lokayukta or, as the case may be an Up-Lokayukta shall- (a)
if he is a
sitting Judge or holds any other office of trust or profit, resign from such
office ; or (b)
if he is
connected with any political party, sever his connection with it; or (c)
if he is
carrying on any business, sever his connection (short of divesting himself of
owner-ship) with the conduct and management of such business ; or (d)
if he is
practicing any professional suspend practice of such profession. (1)
Every person
appointed as the Lokayukta or Up-Lokayukta shall hold office for a term of six[4] years
from the date of which he enters upon his office : Provided that : - (a)
the
Lokayukta or an Up-Lokayukta may, by writing under his hand addressed to the
Governor, resign his office ; (b)
the Lokayukta
or an Up-Lokayukta may be removed from office in the manner specified in
section 6. (2)
If the
office of the Lokayukta or an Up-Lokayukta becomes vacant or if the Lokayukta
or an Up-Lokayukta is by reason of absence or for any other reason whatsoever,
unable to perform the duties of his office those duties shall until some other
person appointed under section 3 enters upon such office or as the case may be
until the Lokayukta or such Up-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 Up-Lokayukta or if there are two or more
Up-Lokayuktas by such one of the Up-Lokayuktas as the Governor may by order
direct ; (b)
where the
office of an Up-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 Up-Lokayukta or as the case may be such one of the other
Up-Lokayukta as may be specified in the direction. (3)
On ceasing
to hold office, the Lokayukta or an Up-Lokayukta shall be ineligible for
further employment (Whether as the Lokayukta or an Up-Lokayukta) or in any
other capacity under the Government of Uttar Pradesh or for any employment
under or office in any such local authority corporation. Government, company or
society as is referred to in sub-clause[5] (v)
of clause [6](1)
of section 2. (4)
There shall
be paid to the Lokayukta and Up-Lokayuktas such salaries as are specified in
the Second Schedule. (5)
The
allowances and pension if any payable to and other conditions of service of the
Lokayukta or any Up-Lokayukta shall be such as may be prescribed: Provided
that in prescribing the allowances and pension payable to and other conditions
of service of- (a)
the
Lokayukta regard shall be had to the allowances and pension payable to, and
other conditions of service of the Chief Justice of the High Court; (b)
the
Up-Lokayukta regard shall be had to the allowances and pension payable to, and
other condition of service of a Judge of a High Court : Provided
further that the allowances and pension if any payable to, and other conditions
of service of the Lokayukta or an Up-Lokayukta shall not be varied to his
disadvantage after his appointment. (1)
Subject to
the provisions of Article 311 of the Constitution the Lokayukta or an
Up-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
High Court; and (ii)
in respect
of an Up-Lokayukta shall be held by a person appointed by the Governor being a
person who is or has been 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
the State Legislature. (3)
Notwithstanding
anything contained in sub-section(1) the Governor shall not remove the
Lokayukta or an Up-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. (1)
Subject to
the provisions of this Act and on a complaint involving a grievance or an
allegation being made in that behalf the Lokayukta may investigate any action
which is taken by or with the general or specific approval of - (i)
a Minister
or a Secretary ; and (ii)
any public
servant referred to in sub-clause (ii) or sub-clause (iv) of clause (j) of
section 2; or (iii)
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. (2)
Subject to
the provisions of this Act and on a complaint involving a grievance or an
allegation being made in that behalf, an Up-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). (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 Up-Lokayukta
under that sub-section. (4)
Where two or
more Up-Lokayuktas are appointed under this Act, the Lokayukta may by general
or special order, assign to each of them, matters which may be investigated by
them under this Act : Provided
that no investigation made by an Up-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 related to a matter which
is not assigned to him by such order. (1)
Except as
hereinafter provided, the Lokayukta or an Up-Lokayukta shall not conduct any
investigation under this Act- (a)
except on a complaint
made under in accordance with section 9 ; or (b)
in the case
of a complaint involving a grievance in respect of any action,- (i)
if such
action relates to any matter specified in the Third Schedule ; or (ii)
if the
complainant has or had any remedy by way of proceeding before any Tribunal or
Court of law : Provided
that nothing is sub-clause (ii) shall prevent the Lokayukta or an Up-Lokayukta
from conducting an investigation if he is satisfied that such person could not
or cannot, for sufficient cause, have recourse to a remedy referred to in that
sub-clause. (2)
The
Lokayukta or an Up-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 (Central Act 37 of 1850), by the Government of India or
by the State Government ; or (b)
in respect
of a matter which has been referred for inquiry under the Commissions of
Inquiry Act, 1952 (Central Act 60 of 1952), by the Government of India or by
the State Government. (3)
The Lokayukta
or an Up-Lokayukta shall not investigate any complaint which is excluded from
his jurisdiction by virtue of a notification issued under section 19. (4)
The
Lokayukta or an Up-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
five years from the date on which the action complained against is alleged to
have taken place : Provided
that the Lokayukta or an Up-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. (5)
In the case
of any complaint involving a grievance, nothing in this Act shall be construed
as empowering the Lokayukta or an Up-Lokayukta 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 cannot be regarded as having been properly
exercised. (6)
The
Lokayukta or an Up-Lokayukta shall not investigate any complaint involving a
grievance against a public servant referred to in sub-clause (iv) or sub-clause
(v) of clause (j) of section 2. (1)
Subject to
the provisions of this Act, a complaint may be made under this Act to the
Lokayukta or an Up-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 authorized by him in this
behalf. [7]"Provided further that in the case of grievance involving a
complaint referred to in sub-clause (ii) of clause (d) of section 2, the
complaint may be made also by an organization recognized in that behalf by the
State Government." (2)
Every
complaint shall be accompanied by the complainant's own affidavit in support
thereof and also and also affidavits of all persons from whom he claims to have
received information of facts relating to the accusation, verified before a
notary together with all documents in his possession or power pertaining to the
accusation. (3)
Every
complaint and affidavit under this section as well as any schedule or annexure
thereto shall be verified in the manner laid down in the Code of Civil
Procedure, 1908, for the verification of pleadings and affidavits respectively. (4)
Not less
than three copies of the complaint as well as of each of its annexures shall be
submitted by the complainant. (5)
A complaint
which doe not comply with any of the foregoing provisions shall not be
entertained. (6)
Notwithstanding
anything contained in sub-sections (1) to (5), or in any other enactment, any
letter written to the Lokayukta or Up-Lokayukta by a person in police custody,
or in 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 persons in charge of such gaol, asylum, or other place, and the Lokayukta
or Up-Lokayukta as the case may be, may entertain it and treat it as a
complaint, but no action in respect of such complaint shall be taken unless it
is accompanied or subsequently supported by an affidavit under sub-section (2). (1)
Where the
Lokayukta or an Up-Lokayukta proposes (after making such preliminary inquiry,
if any, as he deems fit) to conduct any investigation under this Act, he- (a)
shall
forward a copy of the complaint 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
complaints ; 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 Up-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 Up-Lokayukta considers appropriate in
the circumstances of the case. (4)
The
Lokayukta or an Up-Lokayukta 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 ; 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. (5)
In any case
where the Lokayukta or an Up-Lokayukta decides not to entertain a complaint or
to discontinue any investigation in respect of 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. (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 Up-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
documents. (2)
For the
purpose of any such investigation (including the preliminary enquiry) the
Lokayukta or an Up-Lokayukta shall have all the powers of a civil court while
trying a suit under the code of Civil Procedure, 1908 (Central Act 5 of 1908),
in respect of the following matter, namely- (a)
summoning
and enforcing the attendance of any person and examining him on oath; (b)
requiring
the discovery and production of any document ; (c)
receiving
evidence on affidavits ; (d)
requisitioning
any public record or copy thereof from any court or office; (e)
issuing
commissions for the examination of witnesses or documents ; (f)
such other
matters as may be prescribed. (3)
Any
proceeding before the Lokayukta or an Up-Lokayukta shall be deemed to be a
judicial proceeding within the meaning of section 193 of the Indian Penal Code
(Central Act 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 purpose
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 any rule of law in legal proceedings. (5)
No person
shall be required or authorized 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 of the State or the defence or international relations
of India (including India's relations with the Government of any other country
or with any international organization), 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 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. (6)
Subject to
the provisions of sub-section (4), no person shall be compelled for the purpose
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. (1)
If, after
investigation of any action in respect of which a complaint involving a
grievance has been made, the Lokayukta or an Up-Lokayukta is satisfied that
such action has resulted in injustice or undue hardship to the complainant or
any other person, the Lokayukta or Up-Lokayukta shall be 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
Up-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 made, the Lokayukta or an Up-Lokayukta is satisfied that
such allegation can be substantiated either wholly or partly, he shall by
report in writing, communicate his findings and recommendation 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 intimate within three months of the date of receipt of the report, the
Lokayukta or, as the case may be, the Up-Lokayukta, the action taken or
proposed to be taken on the basis of the report. (5)
If the
Lokayukta or the Up-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 considers 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 Up-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 Up-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. (1)
Notwithstanding
anything contained in any other provision of this Act every person who
willfully 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. (2)
No court,
except a court of session, in the case of a complaint investigated by the
Lokayukta or a Court of Magistrate, First Class in the case of a complaint
investigated by an Up-Lokayukta shall take cognizance of the offence under
sub-section (1). (3)
No such
court shall take cognizance of such offence as aforesaid except on a complaint
in writing made by the Public Prosecutor at the direction of the Lokayukta or
Up-Lokayukta, as the case may be, and the Court of Session may take cognizance
of the offence on such complaint without the case being committed to it,
anything contained in the Code of Criminal Procedure, 1973, notwithstanding. (4)
Such court,
on conviction of the person making false complaint, may award, out of the
amount of fine, to the complainant such amount of compensation as it thinks
fit. (5)
If at any
stage of a proceeding under this Act before the Lokayukta or any Up-Lokayukta
it appears to him that any person appearing in such proceeding or any person
who filed an affidavit in support of a complaint made under this Act had
knowingly or willfully given false evidence or had fabricated false evidence
with the intension that such evidence should be used in such proceeding the
Lokayukta or Up-Lokayukta, as the case may be, may, if satisfied that it is
necessary and expedient in the interest of justice that the person should be
tried summarily for giving or fabricating, as the case may be, false evidence,
take cognizance of the offence and may, after giving the offender a reasonable
opportunity of showing cause why he should not be punished for such offence,
try such offender summarily, so far as may be, in accordance with the procedure
prescribed for summary trials under the Code of Criminal Procedure, 1973 and
sentence him to imprisonment for a term which may extend to six month or to
fine which may extend to five thousand rupees or to both. (6)
When any
such offence as is described in section 175, section 178, section 179 or
section 180 of the Indian Penal Code is committed in the view or presence of
the Lokayukta or Up-Lokayukta, he may cause the offender to be detained in
custody and may, at any time on the same day, take cognizance of the offence
and, after giving the offender a reasonable opportunity of showing cause why he
should not be punished under this section sentence the offender to simple
imprisonment for a term which may extend to one month, or to fine which may
extend to five hundred rupees, or to both. (7)
In every
case tried under sub-section (6), the Lokayukta or Up-Lokayukta, as the case
may be, shall record the facts constituting the offence with the statement (if
any) made by the offender as well as the finding and the sentence. (8)
Any person
convicted on a trial held under sub-section (5) or sub-section (6) may appeal
to the High Court, and the provisions of Chapter XXIX of the Code of Criminal
Procedure, 1973, shall, so far as they are applicable, apply to appeals under
this subsection, and the Appellate Court may alter or reverse the finding, or
reduce or reverse the sentence appealed against. (9)
The
provisions of sub-sections (5), (6), (7) and (8) shall have effect
notwithstanding anything contained in the Code of Criminal Procedure, 1973, but
nothing in these sub-sections shall affect the power of the Lokayukta or
Up-Lokayukta, as the case may be, to proceed under sub-section (3) in respect
of any offence, where it does not choose to proceed under sub-section (5), (6)
&(7). (10)
Words and expressions
used in sub-section (5) to (9) and not defined in this Act shall have the same
meanings as in the Code of Criminal Procedure, 1973. (1)
The
Lokayukta may appoint or authorize an Up-Lokayukta or any officer subordinate
to the Lokayukta or an Up-Lokayukta to appoint, officer and other employees to
assist the Lokayukta and Up-Lokayuktas in the discharge of their functions
under this Act : Provided
that nothing in this sub-section shall be construed to prevent any person who
holds a post under the Central or the State Government from being appointed on
deputation with the consent of that Government. (2)
The number
and categories of offices and employees who may be appointed under sub-section
(1), their salaries allowances and other conditions of service and the
administrative powers of the Lokayukta and Up-Lokayuktas shall be such as may
be determined by general or special order of the State Government made after
consultation with the Lokayukta. (3)
Without prejudice
to the provisions of sub-section (1), the Lokayukta or an Up-Lokayukta may for
the purpose of conducting investigations under this Act utilize the services of
- (i)
any officer
or investigation agency of the State or Central Government with the concurrence
of that Government, (ii)
any other
person or agency. (1)
Any
information obtained by the Lokayukta or the Up-Lokayukta 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 (Central Act I of 1872), no Court shall be entitled
to compel the Lokayukta or an Up-Lokayukta or any public servant to give
evidence relating to such information or produce the evidence so recorded or
collected. (2)
Nothing in
sub-section (1) shall apply to the disclosure of any information or
particulars- (a)
for purposes
of the investigation or in any report to made thereon or for any action or
proceedings to be taken on such report ; or (b)
for purposes
of any proceedings for an offence under the Official Secrets Act, 1923 (Central
Act 19 of 1923) or an offence of giving or fabricating false evidence under the
Indian Penal Code, 1860 (Central Act 45 of 1860) or for purposes of any trial
of an offence under section 13 or any proceedings under section 16 ; or (c)
for such
other purposes as may be prescribed. (3)
An officer
or other authority prescribed in this behalf may give notice in writing to the
Lokayukta or an Up-Lokayukta, as the case may be, with respect to any document
or information specified in the notice or any class of documents or information
so specified that in the opinion of the State Government the disclosure of the
documents or information 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 authorizing or requiring the Lokayukta, the
Up-Lokayukta or any member of their staff, unless the Lokayukta or the
Up-Lokayukta for reasons to be recorded, is of the opinion that disclosure of
such document or information involves no public interest, to communicate any
person, any document or information specified in the notice or any document or
information of a class so specified. (1)
Whoever
intentionally offers any insult, or causes any interruption to the Lokayukta or
an Up-Lokayukta while the Lokayukta or the Up-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 Up-Lokayukta into
disrepute, shall, on conviction, be punished with simple imprisonment for a
term which may extend to six months, or with fine or with both. (3)
The
provisions of sub-sections (2) to (6) of section 199 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), 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 (2) of the said section 1999 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 Up-Lokayukta, of the Up-Lokayukta concerned. (1)
No suit,
prosecution or other legal proceeding shall lie against the Lokayukta or the
Up-Lokayukta or against any officer, employee, agency or person referred to in
section 14 in respect of anything which in good faith done or intended to be
done under this Act. (2)
No
proceeding of the Lokayukta or the Up-Lokayukta shall be held bad for want of
form and except on the ground of jurisdiction, no proceedings or decision of
the Lokayukta or the Up-Lokayukta shall be liable to be challenged, reviewed,
quashed or called in question in any court. (1)
The State
Government may, by notification published in the Gazette and after consultation
with the Lokayukta, confer on the Lokayukta or an Up-Lokayukta as the case may
be, such additional functions in relation to the eradication of corruption as
may be specified in the notification. (2)
The State
Government may, by order in writing and after consultation with the Lokayukta,
confer on the Lokayukta or an Up-Lokayukta such powers of a supervisory nature
over agencies, authorities or officers set-up, constituted or appointed by the
State Government for the eradication of corruption. (3)
The State
Government may, by order in writing and subject to such conditions and
limitations as may be specified in the order, require the Lokayukta to
investigate any action being an action in respect of which a complaint may be
made under this Act, to the Lokayukta or an Up-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 Up-Lokayukta)
to an Up-Lokayukta. (4)
When any
additional functions are conferred on the Lokayukta or an Up-Lokayukta under
sub-section (1) or when the Lokayukta or an Up-Lokayukta is to investigate any
action under sub-section (3), the Lokayukta or Up-Lokayukta shall exercise the
same powers and discharge the same functions as he would in the case of any
investigation made on a complaint involving an allegation and the provisions of
this Act shall apply accordingly. (1)
The State
Government may in consultation with the Lokayukta and on being satisfied that
it is necessary or expedient in the public interest so to do, exclude, by
notification in the Gazette, complaints involving a grievance or an allegation
against persons belonging to any class of public servants specified in the
notification, from the jurisdiction of the Lokayukta or, as the case may be
Up-Lokayukta : Provided
that no such notification shall be issued in respect of public servants holding
posts carrying a minimum monthly salary (excluding allowances) of one thousand
rupees or more. (2)
Every
notification issued under sub-section (1) shall be laid as soon as may be after
if 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 more than one successive sessions and if, before the expiry of the said
period, the House agrees in making any modification in the notification or the
House agrees that the notification should be annulled and notifies such
decision in the 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. The
Lokayukta or an Up-Lokayukta may, by a general or special or special order in
writing direct that any however conferred or duties imposed on him by or under
this Act (except the powers to make reports to the Governor under section 12)
may also be exercised or discharged by as such of the officers, employees or
agents referred to in section 14, as may be specified in the order. It is hereby
declared that the salary, allowances and pension payable to or in Expenditure
to be respect of the Lokayukta or the Up-Lokayuktas, the charged on expenditure
relating to their staff and office and other consolidated expenditure in
respect of the implementation of this Act fund. shall be expenditure charged on
the Consolidated Fund of the State of Uttar Pradesh. (1)
The State
Government may, by notification in the 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 and pension if any, payable to and other conditions of service to
the Lokayukta and Up-Lokayukta ; (c)
the form, if
any, in which complaints may be made and the fees, if any, which may be charged
and the security, if any, for costs of the person against whom an allegation is
made which may be required to be furnished in respect thereof ; , (d)
the powers
of a civil court which may be exercised by the Lokayukta or an Up-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 provisions and provisions is in the
opinion of the State Government necessary for the proper implementation of this
Act. (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 successive
sessions, and if during the said period, the House agrees in making any
modification in the rule or the House agrees that the rule should be annulled
and notifies such decision in the official Gazette, the rule shall from the
date of publication of such notification 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 the rule. (a)
For the
removal of doubts it is hereby declared that nothing in this Act shall be
construed to authorize the Lokayukta or an Up-Lokayukta to investigate any
allegation or grievance[8] against-(a)
the Chief Justice or any Judge of the High Court or a member of a judicial
service as defined in clause (b) of Article 236 of the Constitution ; (b)
any officer
or servant of any court ; (c)
the
Accountant General, Uttar Pradesh ; (d)
the Chairman
or a member of the Uttar Pradesh Public Service Commission or any member of its
staff ; (e)
[9]the Chief Election Commissioner, the Election Commissioners and the
Regional Commissioners referred to in Article 324 of the Constitution and the
Chief Electoral Officer, Uttar Pradesh ; (f)
any member
of the Secretariat staff of either House of the State Legislature; (g)
[10]any member of the staff of Governor Secretariat. The
provisions of this Act shall be in addition to the provisions of any other
enactment or any rule of law under which remedy in any other manner is
available to a person making a complaint under this Act, and nothing in this
Act shall limit or effect the right of such person to avail of such remedy. The Uttar
Pradesh Lokayukta and Up-Lokayukta Ordinance 1975 (U.P. Ordinance no. 23 of
1975) is hereby repealed. [1]
As amended
by notification No. 943/Seventeen V-1-90-80, dated 14 April, 1981, (U.P. Act
no. 7 of 1981) [2]
As amended
by notification No. 943/Seventeen V-1-90-80, dated 14 April, 1981, (U.P. Act
no. 7 of 1981) [3]
As amended
by notification No. 943/Seventeen V-1-90-80, dated 14 April, 1981, (U.P. Act
no. 7 of 1981) [4]
As Amended
by notification no. 487 seventeen-V-/ (K)-1.1988, dated 4-4-88 U.P. Act no. 8
of 1988 [5]
As Amended
by notification no. 487 seventeen-V-/ (K)-1.1988, dated 4-4-88 U.P. Act no. 8
of 1988 [6]
As amended
by notification no. 943/Seventeen-V-1-90-80, dated 14-4-1981 (U.P. Act no. 7 of
1981). [7]
As amended
vide notification no. 613/17-V-1-1 (k)/19-10-1989, dated 31-3-89 (U.P. Act no.
10/1989) [8]
As amended
Notification No. 943/17-V-1-90-80, dated 14-4-1981 (U.P. Act No. 7 of 1981). [9]
As amended
Notification No. 943/17-V-1-90-80, dated 14-4-1981 (U.P. Act No. 7 of 1981). [10]
As amended
Notification No. 943/17-V-1-90-80, dated 14-4-1981 (U.P. Act No. 7 of 1981).
PREAMBLE