The Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981

THE MADHYA PRADESH ACT NO. 37 of 1981

(Received the assent of the President on the 16 th September, 1981. Assent first published in the “ Madhya Pradesh Gazette (Extra- ordinary)” dated the 15 th October, 1981).

An Act to make provision for the appointment and functions of certain authorities for the enquiry into the allegation against “Public Servants.” and for matters connected there with.

Be it enacted by Madhya Pradesh Legislature in the Thirty – second year of the Republic of India as follows: -

(1) This Act may be called the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981. (1) It extends to the whole of the State of Madhya Pradesh. (2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires – (a) “officer” means a person appointed to a public service or post in connection with the affairs of the State of Madhya Pradesh; (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 to any person; (ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motives: (iii) is guilty of corruption; or (iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf. Explanation:– For the purpose of this sub-clause “ family” means husband, wife, sons and unmarried daughters living jointly with him; (c) “ Up-Lokayukt ” means a person appointed as a Up-Lokayukt under Section - 3; (d) “action” means action by way of prosecution or otherwise taken on the report of the Lokayukt or the Up-Lokayukt and includes failure to act, and all other expressions connecting action shall be construed accordingly; (e) “Minister” means a member of the Council of Ministers by whatever name called for the State of Madhya Pradesh, that is to say. Chief Minister, Deputy Chief Minister, Minister, Minister of State, Deputy Minister and Parliamentary Secretary and shall include Neta Pratipaksha as defined in clause A of section 2 of the Madhya Pradesh Vidhan Mandal Neta Pratipaksha ( Vetan Tatha Bhatta ) Adhiniyam, 1980 ( No. 8 of 1980)” (f) “Lokayukt” means a person appointed as the Lokayukt under section 3; (g) “Public servant” means a person falling under any of the following categories, namely :- (i) Minister; (ii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Madhya Pradesh Vidhan Sabha; (iii) an officer referred to in clause (a); (iv) an officer of an Apex Society or Central Society within the meaning of clause (t-1) read with clauses (a-1) , (c-1) and (z) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961).” (v) Any person holding any office in , or any employee of – (i) a Government Company within the meaning of section 617 of the Companies Act, 1956; or (ii) a Corporation or Local Authority established by State Government under a Central or State enactment. (vi) (a) Up-Kulpati, Adhyacharya and Kul Sachiva of the Indira Kala Sangit Vishwavidyalaya constituted under section 3 of the Indira Kala Sangit Vishwavidyalaya Act, 1956 ( No. 19 of 1956); (b) Kulpati and Registrar of the Jawaharlal Nehru Krishi Vishwavidyalaya constituted under section 3 of the Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1963 ( No. 12 of 1963); Kulpati, Rector and Registrar of the Vishwavidyalay constituted under section 5 of the Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 ( No. 22 of 1973).” (h) “Competent authority”. (i) in the case of a Minister or Secretary. – in relation to a public servant, means Chief Minister or during the period of operation of proclamation issued under Article 356 of the Constitution of India , the Governor; (ii) in the case of any other public servant. – Such authority, as may be prescribed; (iii)“Secretary” means the Chief Secretary, a Principal Secretary, an Additional Chief Secretary and a Secretary to Government of Madhya Pradesh and includes an Additional Secretary and a Special 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 Lokayukt and one or more persons to be known as Up-Lokayukt. Provided that – (a) The Lokayukt shall be appointed after consultation with the Chief Justice of the High Court of M.P. and Leader of the Opposition in the Legislative Assembly, or if there be no such Leader , a person selected in this behalf by Members of the Opposition in that House in such manner as the Speaker may direct; (b) Up-Lokayukt shall be appointed after consultation with Lokayukt, or where a sitting Judge of a High Court is to be appointed, the Chief Justice of that High Court in which he is working, shall also be consulted. (2) A person shall not be qualified for appointment as,- (a) Lokayukt unless he has been a Judge of the Supreme Court or or Chief Justice or Judge of any High Court in India. (b) Up-Lokayukt, unless he is or has been a Judge of any High Court in India or has held the Office of the Secretary to Government of India or has held any other post under Central or a State Government carrying a scale of pay which is not less than that of a Additional Secretary to Government of India. (3) Every person appointed as Lokayukt or Up-Lokayukt 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. (4) The Up-Lokayukt shall be subject to the administrative control of the Lokayukt and in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukt may issue such general or special directions as he may consider necessary to the Up-Lokayukt and may withdraw to himself or may “ subject to the provisions of section 7”, make over any case to Up-Lokayukt for disposal: Provided that, nothing in this sub-section shall be construed to authorise the Lokayukt to question any finding, conclusion, recommendation of Up-Lokayukt.

The Lokayukt or Up-Lokayukt shall not be a member of Parliament or a member of the Legislature of any State and shall not hold any other office of trust or profit or be an officer of a Co-operative Society and shall not be connected with any political party or carry on any business or practice any profession, and accordingly before he enters upon his office, a person appointed as the Lokayukt or Up-Lokayukt as the case may be, shall – (a) if he is a member of Parliament or of the Legislature of any State , resign such membership; or (b) if he holds any office of trust or profit, resign from such office; or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or (e) if he is practising any profession, suspend practice of such profession.

(1) The Lokayukt shall not be removed from his office except by an order of the Governor passed after an address by the Madhya Pradesh Legislative Assembly supported by a majority of the total membership of the Legislative Assembly and by a majority of not less than two thirds of the members thereof present and voting has been presented to the Governor in the same session for such removal on ground of proved misbehaviour or incapacity. (2) The procedure for the presentation of an address and for the investigation and proof, of the misbehaviour or incapacity of the Lokayukt under sub section (1) shall be as provided in the Judges (Inquiry) Act, 1968 (No. 51 of 1968), in relation to the removal of a Judge and accordingly, the provisions of the Act shall, subject to necessary modifications apply in relation to the removal of the Lokayukt as they apply in relation to the removal of Judge.

Subject to the provision of this Act, on receiving complaint or other information:- (i) the Lokayukt may proceed to enquire into an allegation made against a public servant in relation to whom the Chief Minister is the competent authority. (ii) the Up-Lokayukt may proceed to enquire into an allegation made against any public, servant other than referred to in clause (i) Provided that the Lokayukt may enquire into an allegation made against any public servant referred to in clause (ii). Explanation: For the purpose of this section the expressions “may proceed to enquire”, AND “May enquire,” include investigation by Police agency put at the disposal of Lokayukt and Up-Lokayukt in pursuance of sub-section (3) of section 13.

The Lokayukt or an Up-Lokayukt shall not inquire into any matter :- (a) in respect of which a formal and public inquiry has been ordered under the Public Servants Inquiries Act, 1950 ( No. 37 of 1950) : (b) Which has been referred for inquiry under the Commission of Inquiry Act, 1952 (No. 60 of 1952) : or (c ) relating to an allegation against a public servant , if the complaint is made after expiration of a period of five years from the date on which the conduct complained against is alleged to have been committed.

(1) Every complaint involving an allegation shall be made in such form as may be prescribed and shall be accompanied by a deposit of Rs. 25. The complainant shall also swear in affidavit in such form as may be prescribed before the Lokayukt or any officer authorised by the Lokayukt in this behalf. Provided that, in the case of a complaint against a public servant in relation to whom the Chief Minister is not the competent authority, neither the deposit nor affidavit shall be necessary ; Provided further that, if in the opinion of the Lokayukt or the Up-Lokayukt, it is necessary to have the deposit as well as the affidavit, he may direct that the complainant shall also make the deposit of Rs. 25 and submit an affidavit in the prescribed form before him or any officer authorised by him. (1-a) Notwithstanding anything contained in this Act or any other law enacted by the State Legislature for the time being in force, any letter written to the Lokayukt by a person in police custody or in a Jail or in any asylum or other place for insane person, shall be forwarded to the Lokayukt unopened and without delay by the Police Officer or person in charge of such Jail, asylum or other place and the Lokayukt may, if satisfied that it is necessary so to do, treat such letter as a complaint made in accordance with the provisions of sub-section (1). (2) Notwithstanding anything contained in section 10 or any other provision of the Act every person who wilfully or maliciously makes any false complaint under this Act, shall, on conviction be punished with rigorous imprisonment which may extend to two years or with fine which may extend to Rs. 5,000 or with both and the court may order that out of the amount of fine such sum as it may deem fit be paid by way of compensation to the person against whom such complaint was made;

The Lokayukt or Up-Lokayukt shall, in each case before it decide the procedure to be followed for making the enquiry and in so doing ensure that the principles of natural justice are satisfied.

(1) The general principles of powers conferred by Evidence Act, 1872, (No. 1 of 1872), and Criminal Procedure Code, 1973 (No.2 of 1974) shall as nearly as may apply to the procedure of enquiry before Lokayukt or Up-Lokayukt in the matter of – (a) Summoning and enforcing the attendance of any person and his examination on oath. (b) requiring the discovery and production of documents and proof there of. (c) receiving evidence on affidavits : (d) requisitioning any public record or copy thereof from any court or office : (e) issuing commission for examination of witness or documents, and such other matters as may be prescribed : Provided that no proceeding before the Lokayukt or Up-Lokayukt shall be invalidated only on account of want of formal proof if the principles of natural justice are satisfied. Provided further that where it is necessary to summon any Government servant in his official capacity, his statement on affidavit shall be deemed to be sufficient as evidence. (2) Any proceeding before the Lokayukt or Up-Lokayukt shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (No. 45 of 1860). (3) The Lokayukt or the Up-Lokayukt shall be deemed to be court within the meaning of Contempt of Court Act, 1971 (No. LXX of 1971).

(1) If, after enquiry into the allegations, the Lokayukt or an Up-Lokayukt is satisfied that such allegation is established, he shall , by report in writing, communicate his findings and recommendation along with the relevant documents, materials and other evidence to the competent authority. (2) The competent authority shall examine the report forwarded to it under sub-section (3) and intimate, within three months of the date of receipt of the report, the Lokayukt or, as the case may be , the Up-Lokayukt, the action taken or proposed to be taken on the basis of the report. (3) If the Lokayukt or Up-Lokayukt is satisfied with the action taken or proposed to be taken on his recommendations, he shall close the case under information to the complainant, the public servant and the competent authority concerned. In any other case, 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. (4) The Lokayukt and the Up-Lokayukt shall present annually a consolidated report on the performance of their functions under this Act, to the Governor. (5) If in any special report under sub-section (3) or the annual report under sub-section (4) any adverse comment is made against any public servant, such report shall also contain the substance of the defence adduced by such public servant and the comment made thereon by or on behalf of the State Government or department concerned of the State Government or the public authority concerned, as the case may be. (6) On receipt of a special report under sub-section (3), or the annual report under sub-section (4), the Governor shall cause a copy there of together with an explanatory memorandum to be laid before the State Legislative Assembly. (7) Subject to the provisions of section 10, the Lokayukt 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-Lokayukt, 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) The Lokayukt may appoint or authorise an Up-Lokayukt or any officer subordinate to the Lokayukt or an Up-Lokayukt to appoint officers and other employees to assist the Lokayukt and the Up-Lokayukt in the discharge of their functions under this Act. (2) The categories of officers and employees who may be appointed under sub-section (1) , their salaries , allowances and other conditions of service and the administrative powers of the Lokayukt and the Up-Lokayukt shall be such as may be prescribed, after consultation with the Lokayukt. (3) Without prejudice to the provisions of sub-section (1) the Lokayukt or an Up-Lokayukt may, for the purpose of conducting enquiries under this Act, utilize the service of :- (i) [Divisional Vigilance Committee] constituted under Section 13-A. (ii) any officer or investigation agency of the State or Central Government, with the concurrence of that Government, or (iii) any other person or agency. (4) The services of officers and employees, other than those appointed by the Lokayukt under sub-section (1) shall not be taken back before the expiry of the period of deputation by the concerned department without prior concurrence of the Lokayukt.

(1) Any information obtained by the Lokayukt or the Up-Lokayukt or members of their staff in the course of or for the purpose of any investigation under this Act, and any evidence recorded or collected in connection with such information shall be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872, no Court shall be entitled to compel the Lokayukt or an Up-Lokayukt or any public servant to give evidence relating to such information or produce the evidence so reported or collected. (2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars:- (f) for purposes of the enquiry or in any report to be made there on or for any action or proceedings to be taken on such report : or (g) for purposes of any proceeding for an offence under the Official Secrets Act, 1923 (No. 19 of 1923), or any offence of giving or fabricating false evidence under the Indian Penal Code or for purpose of any proceedings under Section 15 : or (h) 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 Lokayukt or an Up-Lokayukt, as the case may be, with respect to any document or information of that class of documents so specified that in the opinion of the State Government the disclosure of the 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 authorising or requiring the Lokayukt, Up-Lokayukt or any member of their staff to communicate to any person any document or information specified in the notice or any document or information of a class so specified.

No suit, prosecution or other legal proceeding shall lie against the Lokayukt or the Up-Lokayukt or against any officer, employee, agency or person referred to in section 13 in respect of anything which is in good faith done or intended to be done under this Act.

The Lokayukt, if in the discharge of his function under this Act, notices a practice or procedure which in his opinion affords an opportunity for corruption or mal-administration, he may bring to the notice of the Government and may suggest such improvement in the said practice or procedure as he may deem fit.

(1) The Governor may, by notification, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of powers in sub-section (1), the State Government in consultation with the Lokayukt may by rules provide for the mode and manner of selection of Chairperson and Members of the Divisional Vigilance Committee, their honorarium and other allowances, conditions of service, staff of the Committee and allied matters. (3) All rules made under this section shall be laid on the table of the Legislative Assembly.

For the removal of doubts it is here by declared that nothing in this Act shall be construed to authorise the Lokayukt or an Up- Lokayukt to enquire into an allegation against :- a. any member of the Judicial Service who is under the administrative control of the High Court under Article 235 of the constitution of India. b. the Chairman or a member of the Madhya Pradesh State Public Service Commission.

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

(1) All complaints pending before the Vigilance Commissioner immediately before the commencement of this Act, shall, on such commencement, stand transferred to the Lokayukt or Up-Lokayukt, as the case may be, and shall thereupon be disposed of by the Lokayukt or Up-Lokayukt as if they were complaints entertained by him under this Act. (2) No complaint disposed of by the Vigilance Commissioner, prior to the commencement of this Act, shall be entertained by the Lokayukt or Up-Lokayukt under this Act. Provided that the Lokayukt or Up-Lokayukt, as the case may be, may, if he considers it necessary to do so to meet the ends of justice, enquire into any complaint finally disposed of by Vigilance Commissioner within a period of two years prior to the commencement of this Act.