The Gujarat Lokayukta Act, 1986

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Lokayukta Act, 1986.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

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

1. (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 connecting thereto shall be construed accordingly;
2. (b) "allegation", in relation to a public functionary, means any affirmation that such public functionary,—
   • (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 by improper or corrupt motives;
   • (iii) is guilty of corruption;
3. (c) "Lokayukta" means the Lokayukta appointed under section 3;
4. (d) "Minister" means a member of the Council of Ministers for the State of Gujarat;
5. (e) "public functionary" means a person who is or was at any time,—
   • (i) a Minister;
   • (ii) a member of either House of the State Legislature;
   • (iii) the Chairman, Vice-Chairman or a member of a local authority, statutory body or corporation or a Government company or a society or a trust, specified in the Schedule;
   • (iv) a person in the service of the State of Gujarat as defined in clause (f);
6. (f) "public servant" means a public servant as defined in section 21 of the Indian Penal Code;
7. (g) "Schedule" means the Schedule to this Act.

Lokayukta

1. (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokayukta.
2. (2) The Lokayukta shall be appointed by the Governor after consultation with the Chief Justice of the High Court of Gujarat and the Leader of the Opposition in the Legislative Assembly, or if there be no such Leader, a person elected in this behalf by the members of the Opposition in the Legislative Assembly in such manner as the Speaker of the Legislative Assembly may direct.
3. (3) A person shall be qualified to be appointed as a Lokayukta if he is or has been a Judge of the Supreme Court or a Chief Justice of a High Court.
4. (4) A person appointed as a 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.
5. (5) 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 practise any profession; and accordingly, before he enters upon his office, a person appointed as the Lokayukta 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.

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—
   • (a) the Lokayukta may, by writing under his hand addressed to the Governor, resign his office;
   • (b) the Lokayukta may be removed from his office in the manner specified in section 5.
2. (2) If the office of the Lokayukta becomes vacant due to his death, resignation or removal or otherwise, the Governor shall appoint another person as the Lokayukta in accordance with the provisions of section 3, and such person shall hold office for a term of five years from the date on which he enters upon his office.
3. (3) On ceasing to hold office, the Lokayukta shall be ineligible for further employment (whether under the Government of Gujarat or under any local authority or any corporation or government company or any society or any university or any other body owned or controlled by the Government of Gujarat) or for any diplomatic assignment, appointment as an administrator of a Union territory, or such other assignment or office as the State Government may, by notification in the Official Gazette, specify in this behalf.
4. (4) The salary and allowances payable to, and the other terms and conditions of service of, the Lokayukta shall be such as may be prescribed: Provided that—
   • (a) the salary, allowances and pension, if any, payable to the Lokayukta shall be charged on the Consolidated Fund of the State;
   • (b) neither the salary and allowances nor the other terms and conditions of service of the Lokayukta shall be varied to his disadvantage after his appointment.

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) any Minister or Secretary;
   • (b) any other public functionary who is 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, the subject of an allegation.
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, any public functionary if it is referred to him by the State Government.

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 a grievance in respect of any action, if such action relates to any matter specified in the Second Schedule.
2. (2) The Lokayukta shall not investigate any action,—
   • (a) in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or the Vigilance Commissioner;
   • (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952;
   • (c) in respect of which any proceedings are pending before any court of law or judicial tribunal in India: Provided that the Lokayukta may investigate,—
     • (i) an action referred to in clause
   • (a) if the Lokayukta is satisfied that such inquiry is not likely to uphold the cause of justice;
     • (ii) an action referred to in clause
   • (c) if he is satisfied that such investigation will not prejudice the pending proceedings.
3. (3) The Lokayukta shall not investigate any complaint involving a grievance if the complainant has or had any remedy by way of proceeding before any tribunal or court of law: Provided that nothing in this sub-section shall prevent the Lokayukta from conducting an investigation if the Lokayukta is satisfied that such person cannot or could not for sufficient cause have recourse to the remedy by way of proceeding before any tribunal or court of law.
4. (4) The Lokayukta shall not investigate any action,—
   • (a) in respect of which a complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;
   • (b) in respect of which a complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place: Provided that the Lokayukta may entertain a complaint referred to in clause
   • (a) or clause
   • (b) if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause.
5. (5) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the 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 fairly exercised.

Provisions relating to complaints

1. (1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta in relation to an administrative action involving a grievance or an allegation: Provided that nothing in this Act shall be construed as empowering the Lokayukta to investigate any such complaint if the administrative action relates to any matter specified in the Second Schedule.
2. (2) A complaint under this Act may be made by any person: 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: Provided further that if the Lokayukta is, for any reason, of the opinion that such a complaint is made in bad faith, he may reject the complaint on that ground.
3. (3) Notwithstanding anything contained in sub-section (2), any person who is a public servant may make a complaint under this Act to the Lokayukta in relation to an allegation against any public functionary.
4. (4) Every complaint shall be submitted in such form and in such manner and shall be accompanied by such affidavits as may be prescribed.
5. (5) Notwithstanding anything contained in any other law for the time being in force, any letter written to the Lokayukta by a person in custody or in a jail or a mental hospital or an orphanage or a women's home or other similar custodial institution, shall be forwarded to the Lokayukta unopened and without delay by the person in charge of such institution.

Procedure in respect of investigation

1. (1) Where the Lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under this Act, he—
   • (a) shall forward a copy of the complaint to the public functionary and the competent authority concerned;
   • (b) shall afford to such public functionary 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 functionary 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, in the interest of justice, allow such disclosure.
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 trivial, vexatious, frivolous or 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 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 functionary concerned.
6. (6) The conduct of an investigation under this Act in respect of any administrative action shall not affect the administrative action, or any power or duty of any public functionary 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, if any, before such investigation) 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, 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 shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (V of 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 shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (XLV of 1860).
4. (4) 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, 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 under this Act and the Government or any public servant shall not be entitled to withhold from the Lokayukta any such information or document on the ground that its disclosure would be contrary to the public interest.
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 or defence or international relations of India (including India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or
   • (b) as might involve the disclosure of proceedings of the Cabinet of the State Government; 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.

1. (1) If, after investigation of any allegation in respect of any action, the Lokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall make a report in writing communicating 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 or cause to be intimated to 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 under sub-section (1), he shall close the case under information to the complainant, if any, the Competent Authority and the public servant concerned.
5. (4) If the Lokayukta is not so satisfied, he may make such comments in his annual report or a special report as he may deem fit in the public interest.
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 report under sub-section (5), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before the State Legislature.
8. (7) Subject to the provisions of the proviso to sub-section
9. (2) of section 7, the Lokayukta may, at his discretion, make available from time to time the substance of cases closed or otherwise disposed of by him, which may appear to him to be of general public importance, in such form and in such manner as he may deem fit.

Public servant to vacate office if directed by Lokayukta.—

1. (1) If, after investigation into an allegation, the Lokayukta is satisfied that—
   • (a) the allegation is substantiated either wholly or partly; and
   • (b) the public servant concerned should not continue to hold the office held by him, the Lokayukta shall make a declaration to that effect in his report under sub-section
2. (3) of section 10.
3. (2) Where a declaration is made under sub-section (1), the public servant shall, notwithstanding anything contained in any law for the time being in force, vacate his office within a period of one month from the date of the report: Provided that where the public servant is a Minister, he shall vacate his office within such period as the Governor may, on the recommendation of the Lokayukta, specify in this behalf: Provided further that the public servant may, within the said period of one month or such period as may be specified, prefer an appeal to the High Court and in that case the public servant shall not vacate his office until the disposal of the appeal by the High Court.

Staff of Lokayukta.—

1. (1) There shall be a Secretary to the Lokayukta who shall be appointed by the Lokayukta.
2. (2) The Lokayukta may appoint such other officers and employees as may be necessary for the efficient performance of the functions of the Lokayukta.
3. (3) The salary, allowances and other conditions of service of the Secretary, officers and employees shall be such as may be prescribed.

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 particulars referred to therein—
   • (a) for the purposes of the investigation or in any report to be made thereon or for any action or proceedings to be taken on such report;
   • (b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923 (19 of 1923), or for an offence of giving or fabricating false evidence under the Indian Penal Code (45 of 1860) or for purposes of any trial of an offence under section 14 or any proceedings of inquiry under this Act;
   • (c) for such other purposes as may be prescribed.
4. (3) An officer or other authority prescribed in this behalf may give notice in writing to the Lokayukta or, as the case may be, the Upa-Lokayukta with respect to any information or particulars or any class of information or particulars, that in the opinion of the State Government, it would be prejudicial to the public interests to disclose the same and where such notice is given nothing in this Act shall be construed as requiring the Lokayukta or the Upa-Lokayukta or any public servant to disclose the same.

Intentional insult or interruption to or bringing into disrepute of Lokayukta.

1. (1) Whoever intentionally offers any insult, or causes any interruption to the Lokayukta or the Upa-Lokayukta, while the Lokayukta or the Upa-Lokayukta is exercising any power or performing any duty 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 intended or is known to be likely 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 against any officer, employee or agency of the Lokayukta in respect of anything which is in good faith done or intended to be done under this Act.
2. (2) No proceedings or decision of the Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court of law.

Conferment of additional functions on Lokayukta.

1. (1) The State Government may, by notification in the Official Gazette, confer on the Lokayukta such additional functions in relation to the eradication of corruption as may be specified in the notification.
2. (2) 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 to which this Act applies) and specified in the order, and the Lokayukta shall comply with such order.
3. (3) When any additional functions are conferred or any duty is imposed on the Lokayukta under sub-section
4. (1) or sub-section (2), the Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation made on a complaint under this Act; and the provisions of this Act shall apply accordingly.

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 (except the power to make reports and the power to delegate) may also be exercised by such of the officers of his establishment as may be specified in the order.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:—
   • (a) the conditions of service of the Lokayukta and the officers of his establishment;
   • (b) the form and procedure for making complaints under this Act and the provisions for the payment of fees in respect of such complaints;
   • (c) the procedure to be followed by the Lokayukta for the purpose of conducting investigations under this Act;
   • (d) any other matter which is required to be, or may be, prescribed.
3. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before 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 or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the State Legislature agrees in making any modification in the rule or the State Legislature agrees 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 difficulties.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification 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 date of commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid, as soon as may be after it is made, before the State Legislature.

Repeal and saving.

1. (1) The Gujarat Lokayukta (Excluding the Chief Minister) Act, 1986 (Guj. 31 of 1986)* is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any notification, order or appointment made) under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force until superseded by anything done or any action taken under this Act. *Note: As per standard legislative conventions, the reference pertains to the Act superseded by the current enactment.