The Goa Public Men's Corruption (Investigations and Enquiries) Act, 1988

Short title, extent and commencement.-

1. (1) This Act may be called the Goa Public Men's Corruption (Investigations and Enquiries) Act, 1988.
2. (2) It extends to the whole of the State of Goa.
3. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

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

1. (a) "complaint" means a complaint received by the Lokayukta under section 7;
2. (b) "Lokayukta" means the Lokayukta appointed under section 3;
3. (c) "officer" means a person appointed to a public service or post in connection with the affairs of the State of Goa;
4. (d) "political party" means a political party as defined in clause
5. (f) of section 2 of the Representation of the People Act, 1951 (Central Act 43 of 1951);
6. (e) "prescribed" means prescribed by rules made under this Act;
7. (f) "public man" means a person who holds or has held the office of—
   • (i) Chief Minister;
   • (ii) Minister;
   • (iii) Minister of State;
   • (iv) Deputy Minister;
   • (v) Speaker or Deputy Speaker of the Legislative Assembly;
   • (vi) Leader of Opposition in the Legislative Assembly;
   • (vii) Mayor or Deputy Mayor of a Corporation established under any law;
   • (viii) President or Vice-President of a Zilla Panchayat;
   • (ix) President or Vice-President of a Municipal Council;
   • (x) Chairman or Vice-Chairman of any Government Company or Corporation or Statutory Body constituted under any law;
   • (xi) Member of the Legislative Assembly;
8. (g) "public servant" means a public servant as defined in section 21 of the Indian Penal Code (Central Act 45 of 1860);
9. (h) "registered trade union" means a trade union registered under the Trade Unions Act, 1926 (Central Act 16 of 1926).

Appointment of Lokayukta

1. (1) For the purpose of conducting investigations and enquiries under this Act in accordance with the provisions of this Act, the Government shall appoint a person to be known as the Lokayukta.
2. (2) 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.
3. (3) The Lokayukta shall be appointed by the Governor by warrant under his hand and seal after consultation with the Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly: Provided that if there is no Leader of the Opposition in the Legislative Assembly, then the leader of the single largest group in opposition to the Government in the Legislative Assembly shall be consulted.

Term of office and other conditions of service of Lokayukta

1. (1) Every person appointed as the Lokayukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that the Lokayukta may, by writing under his hand addressed to the Governor, resign his office.
2. (2) The 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 be connected with any political party or carry on any business or practice any profession.
3. (3) The salary and allowances payable to, and the other conditions of service of, the Lokayukta shall be such as may be prescribed by the Government from time to time.

Salary of Lokayukta.—

1. (1) There shall be paid to the Lokayukta such salary as may be determined by the Government, by notification in the Official Gazette, from time to time.
2. (2) The salary payable to the Lokayukta shall be expenditure charged on the Consolidated Fund of the State of Goa:

Staff of Lokayukta Staff of Lokayukta.—

1. (1) The Government shall provide the Lokayukta with such officers and employees as may be required for the proper performance of the functions of the Lokayukta under this Act.
2. (2) The conditions of service of the officers and other employees appointed under sub-section
3. (1) shall be such as may be prescribed.

Matters which may be investigated by Lokayukta.—

1. (1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of, a public man in any case where a complaint involving an allegation is made in accordance with the provisions of this Act.
2. (2) Notwithstanding anything contained in sub-section (1), the Lokayukta may investigate any action taken by, or with the general or specific approval of, a public man if it is satisfied that such action is supported by an allegation or at the instance of the Government.
3. (3) The Lokayukta may investigate any case involving an allegation against a public man, notwithstanding anything contained in any other law for the time being in force, as enabling such public man to prevent the Lokayukta from exercising his jurisdiction under this Act.

Matters not subject to investigation.—

1. (1) Except as hereinafter provided, the Lokayukta shall not conduct any investigation under this Act in the case of a complaint involving an allegation in respect of,—
   • (a) any action in respect of which a formal and public inquiry has been ordered by the Government with the prior concurrence of the Lokayukta;
   • (b) any action in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952;
   • (c) any action which relates to the enforcement of law or prevention or detection of crime or investigation or prosecution of offences, other than cases of corruption;
   • (d) any action relating to commercial transaction of the Government or any body;
   • (e) the grant of honours and awards;
   • (f) any action in respect of which a remedy is available before any court or a tribunal or any other authority and where the Lokayukta has reason to believe that the complainant has not availed of such remedy.
2. (2) The Lokayukta shall not investigate any action,—
   • (a) in respect of which a formal complaint has been made to it after the expiry of five years from the date on which the action complained against is alleged to have taken place;
   • (b) in respect of any person who is or has been a Member of either House of Parliament or of the State Legislature or a local authority, if the complaint does not contain an allegation to the effect that such person has abused his position or power or has acted in a corrupt manner.

Provisions relating to complaints.—

1. (1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta: Provided that in the case of a complaint against a public man who is or was a Minister or a Secretary, the complaint shall be accompanied by a memorandum of facts and an affidavit to support the allegation contained in the complaint.
2. (2) Every complaint shall be made in such form and shall be accompanied by such affidavits as may be prescribed.
3. (3) Notwithstanding anything contained in any other enactment for the time being in force, any informant may make a complaint under this Act.
4. (4) Every complaint shall be accompanied by a deposit of rupees five hundred in cash or by demand draft in favour of the Lokayukta by way of security for ensuring that the complaint is not frivolous or vexatious, which shall be refunded to the complainant if the complaint is not found to be frivolous or vexatious:

Procedure in respect of investigations Procedure in respect of investigations.—

1. (1) Where the Lokayukta proposes, after 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 man and the competent authority concerned;
   • (b) shall afford to such public man an opportunity to offer his comments on such complaint; and
   • (c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit.
2. (2) Every such investigation shall be conducted in private, and in particular, the identity of the complainant and the public man 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 may, for reasons to be recorded in writing, allow disclosure of the identity of the public man in public interest.
3. (3) Save as aforesaid, the procedure for conducting any such investigation shall be such as the Lokayukta considers appropriate in the circumstances of the case.
4. (4) The 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;
   • (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. (5) In any case where the Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint, he shall record his reasons therefor and communicate the same to the complainant and the public man concerned.
6. (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 man 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 investigation) or enquiry under this Act, the 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 or enquiry, to furnish any such information or produce any such document.
2. (2) For the purpose of any such investigation or enquiry (including the preliminary investigation) the 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: Provided that nothing in this sub-section shall be construed as empowering the Lokayukta to require any such person to furnish any information or produce any document which is of such a nature that its disclosure would be contrary to the interest of the State or of public interest.
3. (3) Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information or documents obtained by or furnished to the Government or any public servant or any other person, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information or documents for the purposes of any investigation or enquiry under this Act and the Government or any person so disclosing or producing any such information or document shall not be liable to any prosecution or proceeding under the Official Secrets Act, 1923, or any other enactment or rule of law in respect of such disclosure or production.
4. (4) 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 or defence or international relations of India (including the Government's relations with the Government of any other country or with any international organisation) or the investigation or detection of crime;
   • (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 to the Government 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.
5. (5) Subject to the provisions of sub-section (4), no person shall be compelled 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

1. (1) If, after investigation into a complaint, the Lokayukta is satisfied that the allegation made in the complaint is 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.
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 the action taken or proposed to be taken on the basis of the report.
4. (3) If the Lokayukta is satisfied with the action taken or proposed to be taken on the basis of his report, he shall inform the complainant accordingly and the case shall be closed.
5. (4) If the Lokayukta is not satisfied with the action taken or proposed to be taken, he may make a special report upon the case to the Governor and also inform the complainant thereof.
6. (5) The Lokayukta shall present annually a consolidated report on the performance of his functions under this Act to the Governor.
7. (6) On receipt of a special report under sub-section
8. (4) or the annual report under sub-section (5), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before the Legislative Assembly of the State.

Public servants to include certain officers.— For the purposes of this Act, the expression "public servant" shall include—

1. (a) the Chairman, Vice-Chairman, Secretary, Joint Secretary or Deputy Secretary of any local authority in the State of Goa;
2. (b) the Chairman, Vice-Chairman, Managing Director, General Manager or any other officer of the State level Board, Corporation, Society or any other body owned or controlled by the Government of Goa.

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 (1 of 1872), no Court shall be entitled to compel the Lokayukta or the Upa-Lokayukta or any public servant 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 evidence for the purposes of—
   • (a) any proceedings before the Lokayukta or the Upa-Lokayukta or any investigation or proceedings under this Act;
   • (b) any proceedings for an offence under the Official Secrets Act, 1923 (19 of 1923), or for an offence of perjury or for the purpose of any other judicial proceedings;
   • (c) such other purposes as may be prescribed.

Intimidation of person making complaint.—(1) Any person who threatens, intimidates or causes any hurt to any person who has made a complaint to the Lokayukta or to any person who is likely to give evidence in an inquiry under this Act, shall be punishable with imprisonment of either description for a term which may extend up to three years and shall also be liable to fine which may extend to five thousand rupees.

1. (2) Any offence under this section shall be cognizable and non-bailable.

Intentional insult or interruption to or bringing into disrepute, the Lokayukta.—(1) Whoever intentionally offers any insult or causes any interruption to the Lokayukta or any member of his staff while the Lokayukta or such member is sitting in any stage of a judicial proceeding or conducting an inquiry under this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

1. (2) Whoever by words, spoken or written, or by signs or by visible representation or otherwise brings or attempts to bring the Lokayukta into disrepute shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

Power to delegate.—The Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, except the power to make rules under section 18, may also be exercised by such officer or authority subordinate to it as may be specified in such notification.

Power to make rules.—(1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the form of complaint under section 4;
   • (b) the manner in which the complaint shall be filed and the particulars which it shall contain under section 4;
   • (c) the procedure to be followed by the Special Committee in its investigation and inquiry;
   • (d) any other matter which is required to be, or may be, prescribed.
2. (3) Every rule made under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter 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 that rule.

Removal of doubts.— For the removal of doubts, it is hereby declared that—

1. (a) the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force; and
2. (b) nothing contained in this Act shall be construed as affecting or restricting the power of the Government to hold any departmental enquiry or other proceeding against a public man in accordance with the law applicable to the service or post held by him or otherwise.

Power to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State of Goa.

-1 21. Repeal and saving

1. (1) The Goa, Daman and Diu Public Men's Corruption (Investigations and Enquiries) Ordinance, 1988 (Ordinance No. 3 of 1988), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action was taken.