The Himachal Pradesh Lokayukta Act, 1983

Short title, extent and commencement.—(1) This Act may be called the Himachal Pradesh Lokayukta Act, 1983.

1. (2) It extends to the whole of the State of Himachal Pradesh.
2. (3) It shall be deemed to have come into force with effect from the 1st day of June, 1983.

Addition of new section 10-A.—After the existing section 10 of the Himachal Pradesh Lokayukta Act, 1983 (17 of 1983) (hereinafter called the principal Act), the following new section 10-A shall be added, namely:— "10-A. Power of search and seizure.—(1) Where in consequence of information in his possession or after such inquiry as he thinks necessary, the Lokayukta,—

1. (a) has reason to believe that any person—
   • (i) to whom a summons or notice under this Act, has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceedings to be conducted by him,
   • (ii) is in possession of any money, bullion, jewellery, or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made, or
2. (b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection; may issue a search warrant and he or any person authorised by him may, by that search warrant,—
   • (i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept ;
   • (ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause
   • (i) where the keys thereof are not available ;
   • (iii) seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search ;
   • (iv) place a mark of identification on any property or document or make or cause to be made extracts or copies therefrom ; or
   • (v) make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing.

1. (2) The provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to searches under sub-section (1).
2. (3) A warrant issued under sub-section
3. (1) shall, for all purposes, be deemed to be a warrant issued by a Court under section 93 of the Code of Criminal Procedure, 1973 (2 of 1974)."."

Vesting of minerals in State Government.

Lokayukta to hold no other office Lokayukta to hold no other office.—The Lokayukta shall not be a member of Parliament or 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 practise any profession and accordingly before he enters upon his office, a person appointed as the 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.—(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 and shall not be eligible for re-appointment thereafter : Provided that,—

1. (a) the Lokayukta may, by writing under his hand addressed to the Governor, resign his office and such resignation shall be effective as soon as it is tendered ; and
2. (b) the Lokayukta may be removed from the office in the manner specified in section 6.

1. (2) A vacancy occurring in the office of the Lokayukta shall be filled in as soon as possible, but not later than six months from the date of occurrence of such vacancy.
2. (3) On ceasing to hold office, Lokayukta shall be ineligible for further employment in any other capacity under the Government of Himachal Pradesh for any employment under, or office in, any such Local Authority, Co-operative Society, Government Company, University, Corporation or a Corporate Body under the administrative control of the Government of Himachal Pradesh as is referred to in sub-clauses
3. (4) to
4. (11) and sub-clause
5. (13) of clause
   • (f) of section 2.
6. (4) There shall be paid to the Lokayukta such salary as is specified in the Second Schedule.
7. (5) The allowances payable to, and other conditions of service of, Lokayukta shall be such as may be prescribed : Provided that in prescribing the allowances payable to, and other conditions of service of, the Lokayukta, regard shall be had to the allowances payable to, and other conditions of service of a serving Judge of the Supreme Court or the Chief Justice of a High Court, as the case may be : Provided further that the allowances payable to, and other conditions of service of, the Lokayukta shall not be varied to his disadvantage after his appointment.
8. (6) The salaries and allowances payable to, or in respect of, the Lokayukta shall be expenditure charged on the Consolidated Fund of the State.

Removal of Lokayukta. —

1. (1) The Lokayukta shall not be removed from his office except by an order of the Governor passed after an address by the Himachal 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 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 under sub-section
3. (1) shall be as provided in the Judges (Inquiry) Act, 1968 (51 of 1968) in relation to the removal of a Judge and accordingly, the provisions of that Act shall, subject to necessary modifications, apply in relation to the removal of the Lokayukta as they apply in relation to the removal of a Judge.

Matters which may be inquired into by the Lokayukta. —

Appeal and proceedings before civil courts Matter not subject to inquiry. — The Lokayukta shall not inquire into any matter, —

1. (a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850 (37 of 1850) or
2. (b) which has been referred for inquiry under the Commission of Inquiry Act, 1952 (60 of 1952); or
3. (c) which is not connected with the discharge of functions as public servant of the person against whom allegation is made; or
4. (d) relating to an allegation against a public servant, if the complaint is made after expiration of a period of ten years from the date on which the conduct complained against is alleged to have been committed.

Provisions relating to complaints. —

1. (1) Any person may make a complaint under this Act to the Lokayukta.
2. (2) Every complaint involving an allegation shall be made in such form as may be prescribed. The complainant shall swear an affidavit in such form as may be prescribed before the Lokayukta or any officer authorised by the Lokayukta in this behalf.
3. (3) 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 five thousand rupees 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: Provided that no court shall take cognizance of an offence punishable under this section except on a complaint made by or under the authority of the Lokayukta: Provided further that the complaints made by or under the authority of the Lokayukta shall be exclusively tried by a Court of Sessions, which may take cognizance of the offence on such complaints without complaints being committed to it, anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) notwithstanding: Provided further that the complaint made under the signature and seal of the Lokayukta shall be deemed as formally proved and the evidence of the Lokayukta shall not be necessary for the purpose.
4. (4) If the Lokayukta is satisfied —
   • (a) that all or any of the allegations made in the complaint have or has been substantiated either wholly or partly: and
   • (b) that having regard to the expenses incurred by the complainant in relation to the proceedings in respect of such complaints and all other relevant circumstances of the case, the complainant deserves to be compensated: the Lokayukta shall determine a reasonable amount which shall be paid to the complainant by way of such compensation and the State Government shall pay the amount so determined to the complainant.

Procedure in respect of inquiry. —

1. (1) Subject to the provisions contained in sub-section (2), the Lokayukta shall, in each case before it, decide the procedure to be followed for making an inquiry, and in so doing, ensure that the principles of natural justice are satisfied.
2. (2) Every inquiry under the Act shall, unless the Lokayukta for reasons to be recorded in writing determines otherwise, be conducted in camera.

Evidence. —

1. (1) Subject to the provisions of this section, for the purpose of any inquiry, the Lokayukta, —
   • (a) may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents relevant to such inquiry, to furnish any such information or produce any such document;
   • (b) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :—
     • (i) summoning and enforcing the attendance of any person and examining him on oath,
     • (ii) requiring the discovery and production of any document,
     • (iii) receiving evidence on affidavits,
     • (iv) requisitioning any public record or copy thereof from any court or office, and
     • (v) issuing commissions, for the examination of witnesses or documents : Provided that no person, without the prior permission of the appropriate Government shall be required or authorised by virtue of the provisions contained in this Act to furnish any such information or answer any such question or produce so much of any document as might involve the disclosure or any information or production of any document which is punishable under the provisions of the Official Secrets Act, 1923 (19 of 1923).
2. (2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (45 of 1860).
3. (3) The Lokayukta shall be deemed to be a court within the meaning of the Contempt of Courts Act, 1971 (70 of 1971).

Reports of Lokayukta.—

1. (1) If, after inquiry in respect of a complaint, the Lokayukta is satisfied :—
   • (a) that no allegation made in the complaint has been substantiated either wholly or partly, he shall close the case and intimate the complainant, the public servant and the competent authority concerned accordingly;
   • (b) that all or any of the allegations made in the complaint have or has been substantiated either wholly or partly, he shall, by report in writing, communicate his findings and recommendations to the competent authority and intimate the complainant and the public servant concerned about his having made the report.
2. (2) The competent authority shall examine the report forwarded to it under clause
   • (b) of sub-section
3. (1) and communicate to the Lokayukta, within three months of the date of receipt of the report, the action taken on the basis of the report.
4. (3) If the Lokayukta is satisfied with the action taken on the basis of his report under clause
   • (b) of sub-section (1), he shall close the case and intimate the complainant, the public servant and the competent authority concerned accordingly, 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 intimate the complainant, the public servant and the competent authority concerned about his having made such report.
5. (4) The Lokayukta shall present annually to the Governor a consolidated report on the administration of this Act.
6. (5) At the commencement of the session of the State Legislative Assembly after the expiry of ninety days from the presentation of the special report under sub-section
7. (3) or the annual report under sub-section
8. (4) or earlier thereto, the Governor shall cause the same together with an explanatory memorandum to be laid before the State Legislative Assembly.

Staff of Lokayukta.—

1. (1) The Lokayukta may appoint, or authorise any officer subordinate to the Lokayukta to appoint officers and other employees to assist the Lokayukta in the discharge of his functions under this Act.
2. (2) The categories of officers and employees who may be appointed and other conditions of service and the administrative powers of the Lokayukta shall be such as may be prescribed after consultation with the Lokayukta.
3. (3) Without prejudice to the provisions of sub-section (1), the Lokayukta may, for the purpose of conducting enquiries under this Act, utilise the services of :—
   • (i) any officer or investigation agency of the State or the Central Government with the concurrence of that Government; or
   • (ii) any other person or agency.

Secrecy of information.—

1. (1) Any information obtained by the Lokayukta or members of his 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 Evidence Act, 1872 (1 of 1872), no court shall be entitled to compel the 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,—
   • (a) for purposes of the inquiry or any report to be made thereon or for any action or proceedings to be taken on such report; or
   • (b) for purposes of any proceeding for an offence under the Official Secrets Act, 1923 (19 of 1923) or an offence giving or fabricating false evidence under the Indian Penal Code (45 of 1860) or under sub-sections
4. (1) and
5. (2) of section 11; or
   • (c) for such other purposes as may be prescribed.

Protection.— No suit, prosecution or other legal proceeding shall lie against the Lokayukta 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.

Power to make rules.—

1. (1) The State Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act.
2. (2) Every rule made 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 fourteen days which may be comprised in one session or two successive sessions, and if before the expiry of the session in which it is so laid, or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, and notify 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 that rule.

Removal of doubts.— For the removal of doubts, it is hereby declared that nothing in this Act shall be construed as authorising the Lokayukta to investigate any action which is taken by or with the approval of—

1. (a) the Chief Justice or any Judge of the High Court or an officer the control whereof vests in the High Court by virtue of Article 235 of the Constitution;
2. (b) any officer or servant of any civil or criminal court in India;
3. (c) the Accountant General for Himachal Pradesh;
4. (d) the Chief Election Commissioner, the Election Commissioner, the Regional Commissioner referred to in Article 324 of the Constitution and the Chief Electoral Officer, Himachal Pradesh State; and
5. (e) the Chairman or a member of the Himachal Pradesh Public Service Commission.

Savings.— The provisions 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.

Power to recall complaints pending before the Director of Vigilance.—

1. (1) Where the Lokayukta decides to inquire into a complaint against a public servant, he may ascertain from the Director of Vigilance whether any complaint containing substantially similar allegations against the said public servant is pending in the Directorate of Vigilance.
2. (2) If the Lokayukta, on examination of the record referred to in sub-section (1), decides to inquire into the matter himself, he shall inform the Director of Vigilance accordingly and the complaint, wholly or partly, as the case may be, shall stand transferred to him for inquiry under the provisions of this Act.
3. (3) Whenever the Lokayukta decides not to inquire into the matter himself and returns the complaint to the Director of Vigilance, the latter shall investigate the complaint returned to him and dispose of the same as if this Act has not been enacted.

Repeal and savings.—

1. (1) The Himachal Pradesh Lokayukta Ordinance, 1983 (3 of 1983), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done, or taken, under the corresponding provisions of this Act, as if this Act had come into force on the day on which such thing was done or action was taken.