The Andhra Pradesh Lokayukta Act, 1983

Short title, extent and commencement.

1. (1) This Act may be called the Andhra Pradesh Lokayukta Act, 1983.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "action" means administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions relating to such action shall be construed accordingly;
2. (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 corrupt or improper motives;
   • (iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;
3. (c) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;
4. (d) "Government" means the State Government of Andhra Pradesh;
5. (e) "Lokayukta" means the Lokayukta appointed under section 3;
6. (f) "Minister" means a member of the Council of Ministers for the State of Andhra Pradesh and includes a Chief Minister, a Deputy Chief Minister, a Minister of State and a Deputy Minister;
7. (g) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Andhra Pradesh;
8. (h) "prescribed" means prescribed by rules made under this Act;
   • (i) "public servant" means a person falling under any of the following categories, namely:—
   • (i) every Minister;
   • (ii) every member of the State Legislature;
   • (iii) every Chairman and every Vice-Chairman of a Zilla Praja Parishad;
   • (iv) every President and Vice-President of a Mandal Praja Parishad;
   • (v) every Mayor and Deputy Mayor of a Municipal Corporation;
   • (vi) every Chairman and Vice-Chairman of a Municipal Council;
   • (vii) every person in the service of or holding any post under,—
9. (A) the Government;
10. (B) any local authority in the State;
11. (C) any statutory body or corporation established by or under any law of the State Legislature and owned or controlled by the Government;
12. (D) any company registered under the Companies Act, 1956, in which not less than fifty one percent of the paid up share capital is held by the Government or any corporation owned or controlled by the Government;
    • (viii) a Vice-Chancellor of any University in the State and any other officer of the University as may be notified by the Government;
    • (ix) [Omitted by Act 22 of 2019]
13. (j) "Upa-Lokayukta" means the Upa-Lokayukta appointed under section 3.

Appointment of Lokayukta and Upa-Lokayukta:

1. (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by notification in the Andhra Pradesh Gazette, appoint a person to be known as the Lokayukta and one or more persons to be known as the Upa-Lokayukta or Upa-Lokayuktas.
2. (2) Every person to be appointed as the Lokayukta or Upa-Lokayukta shall be appointed by the Governor after consultation with the Chief Justice of the High Court of Andhra Pradesh and the Leader of the Opposition in the Andhra Pradesh Legislative Assembly, or if there is no such Leader of the Opposition, a person elected in this behalf by the members of the Opposition in that House in such manner as the Speaker may direct.
3. (3) A person shall not be qualified for appointment as the Lokayukta unless he is or has been a Judge of the Supreme Court or a Chief Justice of a High Court.
4. (4) A person shall not be qualified for appointment as the Upa-Lokayukta unless he is or has been a Judge of a High Court.
5. (5) A person appointed as the Lokayukta or Upa-Lokayukta shall, before entering upon his office, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the form set out in the First Schedule.
6. (6) The Lokayukta shall be a person who is or has been a Judge of the Supreme Court or a Chief Justice of a High Court and the Upa-Lokayukta shall be a person who is or has been a Judge of a High Court.

Lokayukta or Upa-Lokayukta to hold no other office: The Lokayukta or Upa-Lokayukta shall not be a member of Parliament or a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as the Lokayukta or Upa-Lokayukta) or be connected with any political party or carry on any business or practise any profession and accordingly before he enters upon his office, a person appointed as the Lokayukta or as the case may be, the Upa-Lokayukta, shall,—

1. (a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or
2. (b) if he holds any office of trust or profit, resign from such office; or
3. (c) if he is connected with any political party, sever his connection with it; or
4. (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
5. (e) if he is practising any profession, suspend practice of such profession.

Term of office and other conditions of service of Lokayukta and Upa-Lokayukta:

1. (1) Every person appointed as the Lokayukta or Upa-Lokayukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that the Lokayukta or Upa-Lokayukta may, by writing under his hand addressed to the Governor, resign his office.
2. (2) If the office of the Lokayukta or Upa-Lokayukta becomes vacant or if the Lokayukta or Upa-Lokayukta is unable to perform his functions due to absence, illness or any other cause, the Governor may appoint another person to be the Lokayukta or Upa-Lokayukta, as the case may be, until a person is appointed to and enters upon the office of the Lokayukta or Upa-Lokayukta or as the case may be, until the Lokayukta or Upa-Lokayukta resumes his duties.
3. (3) The salary, allowances and pension payable to and the other conditions of service of the Lokayukta or Upa-Lokayukta shall be such as may be prescribed: Provided that the conditions of service of the Lokayukta or Upa-Lokayukta shall not be varied to his disadvantage after his appointment.
4. (4) On ceasing to hold office, the Lokayukta or Upa-Lokayukta shall be ineligible for further employment under the Government of Andhra Pradesh or for any employment under or office in any local authority, corporation, Government company or society, which is owned or controlled by the Government of Andhra Pradesh.

Removal of Lokayukta or Upa-Lokayukta:

1. (1) Subject to the provisions of sub-section (3), the Lokayukta or Upa-Lokayukta shall not be removed from his office except by an order of the Governor passed after an address by the Legislative Assembly supported by a majority of the total membership of the House and a majority of not less than two-thirds of the members of the 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. (2) The procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the Lokayukta or Upa-Lokayukta shall be such as may be prescribed.
3. (3) The Governor may suspend from office the Lokayukta or Upa-Lokayukta in respect of whom a reference has been made to the Tribunal under sub-section
4. (2) until the Governor has passed orders on receipt of the report of the Tribunal on such reference.

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

1. (1) Subject to the provisions of this Act, the Lokayukta or Upa-Lokayukta may investigate any action which is taken by, or with the general or specific approval of, or at the behest of, a public servant, in any case where a complaint involving an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Lokayukta or, as the case may be, the Upa-Lokayukta, the subject of an allegation.
2. (2) Notwithstanding anything contained in any other enactment for the time being in force, the Lokayukta or Upa-Lokayukta may investigate any action taken by or with the general or specific approval of, or at the behest of a public servant if it is referred to him by the Government.
3. (3) The Lokayukta, or the Upa-Lokayukta may investigate any case or matter referred to him under sub-section
4. (2) of section 3, notwithstanding anything contained in this Act or in any other Act for the time being in force.
5. (4) Every investigation under this Act 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 before the investigation is concluded.
6. (5) Save as aforesaid, the procedure for conducting any investigation and the procedure for seeking any information or production of documents shall be such as the Lokayukta or Upa-Lokayukta deems appropriate in the circumstances of the case:

Matters not subject to investigation Matters not subject to investigation:

1. (1) Except as hereinafter provided, the Lokayukta or Upa-Lokayukta shall not conduct any investigation under this Act in the case of any complaint involving a grievance in respect of any action if such action relates to any matter specified in the Second Schedule.
2. (2) The Lokayukta or Upa-Lokayukta shall not investigate any action,—
   • (a) in respect of which a formal and public inquiry has been ordered by the Government;
   • (b) in respect of which a matter has been referred for inquiry under the Commissions of Inquiry Act, 1952.
3. (3) The Lokayukta or Upa-Lokayukta shall not investigate any complaint involving a grievance against a public servant referred to in sub-clause
   • (iii) of clause
   • (k) of section 2.
4. (4) The Lokayukta or Upa-Lokayukta shall not investigate any complaint involving an allegation 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: Provided that the Lokayukta or Upa-Lokayukta may entertain a complaint referred to in this sub-section or sub-section
5. (5) if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified.
6. (5) The Lokayukta or Upa-Lokayukta shall not investigate any complaint involving a grievance if the complaint is made after the expiry of six months from the date on which the action complained against becomes known to the complainant: Provided that the Lokayukta or Upa-Lokayukta may entertain a complaint referred to in this sub-section or sub-section
7. (4) if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified.
8. (6) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or Upa-Lokayukta to question any administrative action involving the exercise of a judgement conferred by law on a public servant unless he is satisfied that there are reasonable grounds for suspecting that such action has been influenced by improper or corrupt motives.

Provisions relating to complaints:

1. (1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta or Upa-Lokayukta in relation to an administrative action taken by or with the general or specific approval of a public servant.
2. (2) Where the Lokayukta or Upa-Lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under this Act, his findings in respect of such inquiry shall not be questioned or shall be subjected to proceedings in any Court of Law.
3. (3) Every complaint shall be made in such form and in such manner and shall be accompanied by such affidavits as may be prescribed.
4. (4) Notwithstanding anything contained in any other enactment, any letter written to the Lokayukta or Upa-Lokayukta by a person in any jail, or other place of custody, or in any asylum or other place for insane persons, shall be forwarded to the Lokayukta or Upa-Lokayukta unopened and without delay by the person in charge of such jail, asylum or other place.

Procedure in respect of investigation:

1. (1) Where the Lokayukta or Upa-Lokayukta proposes to conduct an investigation under this Act, he shall,—
   • (a) forward a copy of the complaint or, in the case of any investigation initiated on his own motion, a statement setting out the grounds therefor, to the public servant and the competent authority concerned;
   • (b) afford to such public servant an opportunity to offer his comments on such complaint or statement;
   • (c) cause an investigation to be conducted and for this purpose may utilise the services of any officer or agency of the Government with the approval of the Government.
2. (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 Upa-Lokayukta may for reasons to be recorded in writing, in any particular case, permit such publication if he is satisfied that it is in the interest of justice.
3. (3) Save as aforesaid the procedure for conducting any such investigation shall be such as the Lokayukta or Upa-Lokayukta considers appropriate in the circumstances of the case.
4. (4) The Lokayukta or Upa-Lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving an administrative action, if it satisfies that—
   • (a) the complaint is trivial, vexatious, frivolous 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;
   • (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. (5) In any case where the Lokayukta or Upa-Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of any complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.
6. (6) 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.

Evidence:

1. (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry) under this Act, the Lokayukta or an Upa-Lokayukta may require any public servant or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information and produce any such document.
2. (2) For the purpose of any such investigation (including the preliminary inquiry) the Lokayukta or an Upa-Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:
   • (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. (3) Any proceeding before the Lokayukta or an Upa-Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860.
4. (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 Government or any public servant, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of any investigation under this Act and the Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any rule of law in legal proceedings.
5. (5) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document:
   • (a) as might prejudice the security 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 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.
6. (6) Subject to the provisions of sub-section (4), no person shall be compelled for the purposes of investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court.

Reports of Lokayukta and Upa-Lokayukta:

1. (1) If, after investigation into any allegation, the Lokayukta or an Upa-Lokayukta is satisfied that such allegation is substantiated, either wholly or partly, he shall communicate his findings and recommendations along with the relevant documents, materials or other evidence to the competent authority.
2. (2) The competent authority shall examine the report forwarded to it under sub-section
3. (1) and intimate within three months of the date of receipt of the report, the Lokayukta or, as the case may be, the Upa-Lokayukta, the action taken or proposed to be taken on the basis of the report.
4. (3) If the Lokayukta or the Upa-Lokayukta is satisfied with the action taken or proposed to be taken on his recommendations, he shall close the case under information to the complainant, if any, 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.
5. (4) The Lokayukta and the Upa-Lokayukta shall present annually a consolidated report on the performance of their functions under this Act to the Governor.
6. (5) On receipt of a special report under sub-section
7. (3) or the annual report under sub-section (4), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature.
8. (6) Subject to the provisions of sub-section (3), the Lokayukta may at his discretion make available from time to time the substance of cases closed or otherwise disposed of by him or by an Upa-Lokayukta, which may appear to him to be of general public importance, in such manner and to such persons as he may deem appropriate.

Reports of cases of corruption. - If, after investigation into any allegation, the Lokayukta or Upa-Lokayukta is satisfied that such allegation can be substantiated, either wholly or partly, he shall communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority.

Staff of Lokayukta and Upa-Lokayukta. -

1. (1) There shall be such officers and employees as may be prescribed to assist the Lokayukta and Upa-Lokayukta in the discharge of their functions under this Act.
2. (2) The categories of officers and employees who may be appointed to the staff of the Lokayukta and Upa-Lokayukta and their salary, allowances and other conditions of service shall be such as may be prescribed.
3. (3) The administrative expenses of the office of the Lokayukta and Upa-Lokayukta, 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.

Secrecy of information:

1. (1) Any information obtained by the Lokayukta or the Upa-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 be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872, no Court shall be entitled to compel the Lokayukta or the Upa-Lokayukta or any such member to give evidence relating to such information or produce the evidence so recorded or collected.
2. (2) Nothing in sub-section
3. (1) shall apply to the disclosure of any information or the particulars referred to therein for the purpose of the investigation or in any report to be made thereunder or for the purposes of any prosecution or any proceedings under the Indian Penal Code or for such other purposes as may be prescribed.

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

1. (1) Whoever intentionally offers any insult, or causes any interruption to the Lokayukta or, as the case may be, the Upa-Lokayukta, while the Lokayukta or the Upa-Lokayukta is conducting any investigation under this Act, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
2. (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 the Upa-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.

Protection

1. (1) No suit, prosecution or other legal proceedings shall lie against the Lokayukta or the Upa-Lokayukta or against any officer, employee, agency or person referred to in section 14 in respect of anything which is in good faith done or intended to be done under this Act.
2. (2) No proceedings of the Lokayukta or the Upa-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 Upa-Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court.

Conferment of additional functions on Lokayukta or Upa-Lokayukta

1. (1) The Government may, after consultation with the Lokayukta, by notification in the Andhra Pradesh Gazette, confer on the Lokayukta or the Upa-Lokayukta such additional functions in relation to the eradication of corruption as may be specified in the notification.
2. (2) On the issuance of a notification under sub-section (1), the Lokayukta or the Upa-Lokayukta shall exercise such functions in addition to the functions under this Act, and the provisions of this Act shall apply to the exercise of such additional functions as they apply to the exercise of functions under this Act.

Power to delegate The Lokayukta may, by general or special order in writing, direct that all or any of the powers exercisable by him under this Act or under the rules made thereunder may also be exercised by of such officers as may be specified in the order.

Power to make rules

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of the modification or annulment in the Andhra Pradesh Gazette have effect only in such modified form or shall stand annulled, 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.

Removal of doubts.—For the removal of doubts, it is hereby declared that an investigation under this Act may be initiated notwithstanding that a complaint has not been filed, if the Lokayukta or Upa-Lokayukta is satisfied that there are reasonable grounds for such investigation.

Repeal of Ordinance 4 of 1983.—The Andhra Pradesh Lokayukta Ordinance, 1983 is hereby repealed.