The Himachal Pradesh Lokayukta (Amendment) Act, 2021

1. (1) This Act may be called the Himachal Pradesh Lokayukta Act, 2014.
2. (2) It extends to the whole of the State of Himachal Pradesh.
3. (3) It shall apply to public servants in and outside the State.
4. (4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

1. (1) In this Act, unless the context otherwise requires,—
   • (a) "competent authority" means,—
     • (i) in relation to the Chief Minister, the Himachal Pradesh Legislative Assembly;
     • (ii) in relation to a Minister, the Chief Minister;
     • (iii) in relation to a member of the Himachal Pradesh Legislative Assembly other than a Minister, the Speaker of the Legislative Assembly;
     • (iv) in relation to any officer of the Department of the State Government, the Minister in-charge of the Department under whom such officer is serving;
     • (v) in relation to any Chairperson, Vice-Chairperson or members of any body or Board or Corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or the State Legislature or wholly or partly financed or controlled by the Central Government or the State Government, the Minister in-charge of the administrative Department of such body or Board or Corporation or authority or company or society or autonomous body;
     • (vi) in relation to any officer of any body or Board or Corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or the State Legislature or wholly or partly financed or controlled by the Central Government or the State Government, the head of such body or Board or Corporation or authority or company or society or autonomous body;
     • (vii) in relation to the Vice-Chancellor or Pro-Vice-Chancellor of an University established under an Act of the State Legislature, the Governor, Himachal Pradesh; and
     • (viii) in relation to any other case not falling under sub-clauses
     • (i) to
     • (vii) above, such Department or authority as may be specified by the State Government by notification: Provided that if any person referred to in sub-clause
     • (v) or sub-clause
     • (vi) is also a member of the Legislative Assembly, the Speaker of the Legislative Assembly shall be the competent authority;
   • (b) "complaint" means a complaint made in such form, as may be prescribed, accompanied by an affidavit, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Specified Corrupt Practices (Prevention) Act, 1983;
   • (c) "investigation" means an investigation as defined under clause
   • (h) of section 2 of the Code of Criminal Procedure, 1973;
   • (d) "Lokayukta" means a person appointed as such under section 4;
   • (e) "Minister" means a Minister of the State Government, by whatever name called, i.e., Minister, Minister of State, Deputy Minister and includes Chief Parliamentary Secretary and Parliamentary Secretary but does not include the Chief Minister;
   • (f) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
   • (g) "preliminary inquiry" means an inquiry conducted by the Lokayukta under this Act;
   • (h) "prescribed" means prescribed by rules made under this Act;
     • (i) "public servant" means a person referred to in clauses
   • (a) to
   • (j) of sub-section
2. (1) of section 13 of this Act;
   • (j) "regulations" means regulations made under this Act;
   • (k) "rules" means rules made under this Act; and
   • (l) "Special Court" means the court of a Special Judge appointed under sub-section
3. (1) of section 3 of the Prevention of Corruption Act, 1988.
4. (2) The words and expressions used in this Act and not defined herein but defined in the Prevention of Corruption Act, 1988 or the Himachal Pradesh Specified Corrupt Practices (Prevention) Act, 1983 shall have the meanings respectively assigned to them in those Acts.

1. (1) The Lokayukta shall be a person who is or has been a Judge of the Supreme Court or is or has been the Chief Justice of a High Court or a Judge of a High Court.
2. (2) The Lokayukta shall not be—
   • (i) a member of Parliament or a member of the Legislature of any State or Union Territory;
   • (ii) a person convicted of any offence involving moral turpitude;
   • (iii) a person of less than forty-five years of age, on the date of assuming office as Lokayukta;
   • (iv) a member of any Panchayat or Municipality; and
   • (v) a person who has been removed or dismissed from the service of the State and shall not hold any office of trust or profit other than his office as Lokayukta or be connected with any political party or carry on any business or practise any profession and accordingly, a person appointed as Lokayukta, shall, before he enters upon his office, if,—
   • (a) he holds any office of trust or profit, resign from such office; or
   • (b) he is carrying on any business, sever his connection with the conduct and management of such business; or
   • (c) he is practising any profession, cease to practise such profession.

1. (1) The appointment of the Lokayukta, shall be made by the Governor after obtaining the recommendations of a Selection Committee consisting of the following—
   • (a) Chief Minister —Chairperson;
   • (b) Speaker of the Legislative Assembly —Member;
   • (c) Leader of Opposition in the Legislative Assembly —Member; and
   • (d) Chief Justice of the High Court —Member.
2. (2) No appointment of the Lokayukta shall be invalid merely by reason of any vacancy in the Selection Committee.
3. (3) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Lokayukta.

The Governor shall take or cause to be taken all necessary steps for the appointment of a new Lokayukta at least three months before the expiry of the term of office of the Lokayukta, in accordance with the procedure laid down in this Act.

The Lokayukta shall be appointed by the Governor by warrant under his hand and seal upon the recommendations of the Selection Committee and shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:

Provided that—

1. (a) he may, by writing under his hand addressed to the Governor, resign his office and such resignation shall take effect as soon as it is given; or
2. (b) he may be removed from his office in the manner provided in this Act.

The salary, allowances and other conditions of service of the Lokayukta shall be the same as those of the Chief Justice of the High Court or the Judge of the High Court, as the case may be:

Provided that if the Lokayukta is, at the time of his appointment, in receipt of a pension (other than disability pension) in respect of any previous service under the Government of India or any State Government, his salary in respect of service as Lokayukta shall be deduced by—

1. (a) the amount of that pension; and
2. (b) if he has received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, the amount of that portion of the pension:

Restriction on employment by Lokayukta after ceasing to hold office The Lokayukta, on ceasing to hold the office, shall be—

1. (i) ineligible for re-appointment as Lokayukta;
2. (ii) ineligible for any diplomatic assignment, appointment as administrator of a Union Territory and such other assignment or appointment which is required by law to be made by the Governor by warrant under his hand and seal;
3. (iii) ineligible for any further employment to any office of profit under the Government of India or the Government of any State; and
4. (iv) ineligible to contest any election of President or Vice-President or Member of either House of Parliament or either House of a State Legislature or Member of a Municipality or Panchayat, within a period of five years from the date of demitting the office.

1. (1) There shall be a Secretary to the Lokayukta, who shall be of the rank of Secretary to the State Government, who shall be appointed by the Lokayukta from a panel of names sent by the State Government.
2. (2) There shall be a Director of Inquiry and a Director of Prosecution, who shall not be below the rank of Additional Secretary to the State Government or equivalent, who shall be appointed by the Lokayukta from a panel of names sent by the State Government.
3. (3) The appointment of officers and other staff of the Lokayukta shall be made by the Lokayukta or such officer of the Lokayukta as the Lokayukta may direct: Provided that the Governor may, by rule, require that the appointment in regard to any post or posts specified in the rule shall be made after consultation with the Himachal Pradesh Public Service Commission.
4. (4) Subject to the provisions of any law made by the State Legislature, the salary, allowances and other conditions of service of the Secretary and other officers and staff of the Lokayukta shall be such as may be prescribed after consultation with the Lokayukta.

1. (1) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall constitute an Inquiry Wing, headed by the Director of Inquiry, for the purpose of conducting preliminary inquiry into any offence punishable under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983, alleged to have been committed by a public servant: Provided that till the Inquiry Wing is constituted by the Lokayukta, the State Government shall make available to the Lokayukta such number of officers and other staff from its departments as may be required by the Lokayukta for conducting preliminary inquiry under this Act.
2. (2) For the purpose of assisting the Lokayukta in any preliminary inquiry under this Act, the officers of the Inquiry Wing, not below the rank of Under Secretary to the State Government, shall have the same powers as are conferred upon the Inquiry Wing of the Lokayukta under section 22.

1. (1) The Lokayukta may, by notification, constitute a Prosecution Wing, headed by the Director of Prosecution, for the purpose of prosecution of public servants in relation to any complaint registered with the Lokayukta under this Act: Provided that till the Prosecution Wing is constituted by the Lokayukta, the State Government shall make available to the Lokayukta such number of officers and other staff from its departments as may be required by the Lokayukta for the purpose of prosecution under this Act.
2. (2) The Director of Prosecution shall, after being so directed by the Lokayukta, file the case in accordance with the findings of the investigation report before the Special Court and shall take all necessary steps for the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983.
3. (3) The case filed under sub-section
4. (2) shall be deemed to be a report filed on the completion of the investigation referred to in section 173 of the Code of Criminal Procedure, 1973.

The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the Lokayukta or the Secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta shall form part of that Fund.

1. (1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:-
   • (a) any person who is or has been a Chief Minister;
   • (b) any person who is or has been a Minister;
   • (c) any person who is or has been a member of the Himachal Pradesh Legislative Assembly;
   • (d) all officers and employees of the State Government, when they are serving or have served in connection with the affairs of the State, among the public servants defined in sub-clauses
     • (i) and
     • (ii) of clause
   • (c) of section 2 of the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983;
   • (e) all officers and employees of the bodies or Boards or Corporations or authorities or companies or societies or trusts or autonomous bodies (by whatever name called) established by an Act of Parliament or the State Legislature or fully or partly financed or controlled by the State Government, referred to in clause (d);
   • (f) any person who is or has been a Chairperson or member or officer or employee of any body or Board or Corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or the State Legislature or fully or partly financed or controlled by the State Government: Provided that in respect of those officers referred to in clause (e), who have served in connection with the affairs of the Union or in any body or Board or Corporation or authority or company or society or trust or autonomous body specifically referred to in clause (d), but are serving in connection with the affairs of the State or in any body or Board or Corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or fully or partly financed or controlled by the Central Government, the Lokayukta and its officers of the Inquiry Wing or Prosecution Wing shall have jurisdiction only after obtaining the consent of the concerned Central Government in respect of such officers under this Act;
   • (g) any person who is or has been a Director, Manager, Secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, fully or partly financed or aided by the Government, whose annual income exceeds such amount as the State Government may, by notification, specify;
   • (h) any person who is or has been a Director, Manager, Secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, which receives donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010, in excess of ten lakh rupees per year or such higher amount as the Central Government may specify by notification. Explanation.—For the purposes of clause
   • (g) and clause (h), it is hereby clarified that any entity or institution, by whatever name called, corporation, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not) shall be the entities falling under those clauses: Provided that any person referred to in this section shall be deemed to be a public servant under clause
   • (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 shall apply accordingly.
2. (2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any allegation of corruption against a member of the Legislative Assembly in respect of anything said or any vote given by him in the Legislature or any committee thereof falling under the provisions of clause
3. (2) of article 194 of the Constitution.
4. (3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act, of abetment, bribe giving or bribe taking or conspiracy in relation to any allegation of corruption against any person specified in sub-section (1), under the Prevention of Corruption Act, 1988 and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983: Provided that in the case of any person serving in connection with the affairs of the Union, no action under this section shall be taken without the concurrence of the Central Government.
5. (4) Any case, in respect of which any complaint has been made to the Lokayukta under this Act, shall not be referred for investigation under the Commissions of Inquiry Act, 1952. Explanation.—For the removal of doubts, it is hereby declared that any complaint under this Act shall relate only to such period during which the public servant was holding office or serving in that capacity.

If any case or proceeding related to an allegation of corruption under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Corrupt Practices Act, 1983 is pending before any court or committee or authority before the commencement of this Act or after the commencement of this Act before the commencement of any investigation, before any court or committee of the Legislative Assembly or any other authority, such case or proceeding shall continue to remain pending before that court, committee or authority.

1. (1) Upon receipt of a complaint, if the Lokayukta decides to proceed further, he shall—
   • (a) ensure by his inquiry wing or any agency against any public servant as to whether there is a prima facie case for proceeding in the matter, he may order for a preliminary inquiry; or
   • (b) when there is a prima facie case, he may order an investigation by an agency: Provided that if the Lokayukta decides to proceed further in the preliminary inquiry, he shall, by general or special order, refer the complaints or class of complaints or any complaint received by him in respect of public servants to the inquiry wing constituted under this Act: Provided further that the inquiry wing shall, after conducting a preliminary inquiry in respect of the complaints referred to it under the first proviso, in respect of public servants, submit its report to the Lokayukta in accordance with the provisions contained in sub-section
2. (2) and
3. (4) and shall take action in accordance with the provisions of this Act: Provided further that before ordering any investigation under clause (b), the Lokayukta shall seek clarification from the public servant so as to ascertain whether a prima facie case exists for investigation: Provided further that seeking clarification from the public servant before any investigation shall not interfere with the searches and seizures, if so required by the inquiry wing under this Act.
4. (2) During the preliminary inquiry referred to in sub-section (1), the inquiry wing shall conduct a preliminary inquiry and on the basis of material information and documents collected, shall seek comments from the public servant and the competent authority on the allegations made in the complaint and after obtaining comments from the concerned public servant and the competent authority, shall submit a report to the Lokayukta within sixty days from the date of receipt of the direction.
5. (3) The Lokayukta shall consider every report received from the inquiry wing or any agency under sub-section
6. (2) and after giving the public servant an opportunity of being heard, shall decide whether a prima facie case exists and shall take action in respect of one or more of the following actions, namely:—
   • (a) investigation by any agency; or
   • (b) initiation of departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; or
   • (c) closure of proceedings against the public servant and action under section 41 against the complainant.
7. (4) Every preliminary inquiry referred to in sub-section
8. (1) shall ordinarily be completed within a period of ninety days from the date of receipt of the complaint and further period of ninety days for reasons to be recorded in writing.
9. (5) If the Lokayukta decides to proceed with the investigation of the complaint, he shall direct any agency to conduct the investigation as expeditiously as possible and shall complete the investigation within a period of six months from the date of his order: Provided that the Lokayukta may extend the said period by a further period of six months at a time for reasons to be recorded in writing.
10. (6) The Lokayukta shall consider every report received from any agency and after obtaining the comments of the competent authority and the public servant—
    • (a) shall grant his permission to the prosecution wing or the investigating agency for filing a charge-sheet against the public servant before the Special Court or for filing a report for closure of the case; or
    • (b) may give direction regarding initiation of departmental proceedings or any other appropriate action against the concerned public servants by the competent authority.
11. (7) The Lokayukta, after making any decision under sub-section
12. (6) upon filing of the charge-sheet, may direct his prosecution wing to initiate prosecution in the Special Court in respect of cases investigated by any agency.
13. (8) The Lokayukta may, during the preliminary inquiry or investigation, as the case may be, pass such appropriate orders for the safe custody of documents relevant to the preliminary inquiry or investigation, as he deems fit.
14. (9) The status of the complaints pending before or disposed of by him shall be displayed for the public on the website of the Lokayukta from time to time and in such manner, as may be specified by the regulations.
15. (10) The Lokayukta may retain the original records and evidence which are likely to be required in the process of preliminary inquiry or investigation or conduction of the case by him or by the Special Court.
16. (11) Save as otherwise provided herein, the manner and procedure for conducting preliminary inquiry or investigation under this Act (including material and documents made available to the public servant) shall be such as may be specified by the regulations.

If at any stage of the proceedings, the Lokayukta—

1. (a) considers it necessary to inquire into the conduct of any person other than the accused; or
2. (b) is of the opinion that the reputation of any person other than the accused is likely to be adversely affected by the preliminary inquiry, the Lokayukta shall provide a reasonable opportunity to that person to be heard in the preliminary inquiry and to present evidence in his defense, consistent with the principles of natural justice.

Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokayukta or the investigating agency, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document.

1. (1) Without prejudice to the generality of the provisions contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, the Lokayukta shall have the power to grant sanction for prosecution under clause
   • (a) of sub-section
2. (6) of section 15.
3. (2) No prosecution under sub-section
4. (1) shall be initiated against any public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and no court shall take cognizance of such offence except with the previous sanction of the Lokayukta.
5. (3) Nothing contained in sub-sections
6. (1) and
7. (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution and in respect of whom the procedure for removal of such person is specified therein.
8. (4) The provisions contained in sub-section (1),
9. (2) and
10. (3) shall be without prejudice to the provisions contained in article 311 and sub-clause
    • (c) of clause
11. (3) of article 320 of the Constitution.

Where after the investigation is completed, the findings of the Lokayukta disclose the commission of any offence under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Corrupt Practices Act, 1983 by any public servant, as specified in clause

1. (a) or clause
2. (b) or clause
3. (c) of sub-section

1. (1) of section 13, the Lokayukta may file a case in the Special Court and shall send a copy of the report along with his findings to the competent authority.

1. (1) The Lokayukta shall have the powers of superintendence and direction over matters referred for preliminary inquiry or investigation by the Lokayukta under this Act: Provided that the Lokayukta, in exercise of the powers of superintendence or direction under this sub-section, shall not exercise the powers in such a manner so as to require any agency to whom the work of investigation has been entrusted, to investigate a case in a specific manner or to dispose of it.
2. (2) The Lokayukta shall send the summary of the action taken on the complaints referred to it under the second proviso to sub-section
3. (1) of section 15 to the Lokayukta at such intervals as directed by the Lokayukta and shall receive such summary.
4. (3) No officer of the Inquiry and Investigation Wing, who is investigating a case referred to him by the Lokayukta, shall be transferred without the approval of the Lokayukta.
5. (4) The Prosecution Wing shall, with the concurrence of the Lokayukta, be able to appoint a panel of advocates, other than government advocates, for the conduct of cases referred to it by the Lokayukta.
6. (5) The State Government shall, from time to time, make available such funds as may be required for the conduct of effective inquiry or investigation of complaints or cases by the Lokayukta.

1. (1) If the Lokayukta has reason to believe that any document which, in his opinion, would be useful for or relevant to any preliminary inquiry under this Act, is secreted in any place, he may authorise any agency to which the work of investigation has been assigned, to search for and seize such documents.
2. (2) If the Lokayukta is satisfied that any document seized under sub-section
3. (1) may be used as evidence for the purpose of any investigation under this Act and that it is necessary to retain such document in his custody or in the custody of such officer as may be authorised, he may so retain such document or direct such authorised officer to retain them until the completion of such investigation:

Lokayukta to have powers of civil court in certain cases

1. (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the Inquiry Wing of the Lokayukta shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit 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;
   • (v) issuing commissions for the examination of witnesses or documents: Provided that in the case of any witness, such commission shall be issued only where in the opinion of the Lokayukta, the witness is not in a position to appear before the Lokayukta in the proceedings; and
   • (vi) any other matter which may be prescribed.
2. (2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860 (45 of 1860).

1. (1) The Lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilize the services of any officer or organization or agency of the State Government.
2. (2) For the purpose of conducting any preliminary inquiry or investigation in any matter related to such inquiry or investigation, any such officer or organization or agency, whose services are utilized under sub-section (1), shall be subject to the superintendence and direction of the Lokayukta—
   • (a) shall be able to summon and enforce the attendance of any person and examine him;
   • (b) shall be able to require the discovery and production of any document; and
   • (c) shall be able to requisition any public record or copy thereof from any office.
3. (3) That officer or organization or agency, whose services are utilized under sub-section (2), shall, in respect of any matter related to the preliminary inquiry or investigation, as the case may be, conduct the inquiry or investigation and submit a report thereon to the Lokayukta within such period as may be specified by him for this purpose.

1. (1) Where the Lokayukta or any officer authorized by him in this behalf has reason to believe, on the basis of material in his possession, that he shall record the reasons for such belief in writing, that—
   • (a) any person is in possession of any proceeds of corruption;
   • (b) such person is accused of having committed any offence related to corruption; and
   • (c) such proceeds of corruption are likely to be concealed, transferred or dealt with in any manner which will result in the proceedings relating to confiscation of such proceeds of corruption becoming frustrated, the Lokayukta or authorized officer may by order in writing attach such property for a period not exceeding ninety days from the date of such order, in the manner provided in the Second Schedule of the Income-tax Act, 1961, and the Lokayukta and the officer shall be deemed to be an officer under rule 1 of sub-rule
   • (e) of that Schedule.
2. (2) The Lokayukta or the officer authorized in this behalf shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession referred to in that sub-section, in a sealed envelope in the manner as may be prescribed, to the Special Court and such Court shall be able to extend the order of attachment and keep such material for such period as the Court deems fit.
3. (3) Every order of attachment made under sub-section
4. (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2).
5. (4) Nothing in this section shall prevent any person interested in the enjoyment of the immovable property attached under sub-section
6. (1) or
7. (2) from such enjoyment. Explanation.—For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.

1. (1) The Lokayukta, when he finally attaches any property under sub-section
2. (1) of section 24, shall, within a period of thirty days of such attachment, direct its Prosecution Wing to file an application before the Special Court stating the facts of such attachment and praying for confirmation of attachment of the property until the completion of the proceedings against the public servant in the Special Court.
3. (2) The Special Court, if it is of the opinion that the property finally attached has been acquired by corrupt means, may make an order for confirmation of attachment of such property until the completion of the proceedings against the public servant in the Special Court.
4. (3) If the public servant is subsequently exonerated of the charges framed against him, the property shall, subject to the orders of the Special Court, be restored to the concerned public servant along with the benefits from such property that may have accrued during the period of attachment.
5. (4) If the public servant is subsequently convicted for the charges of corruption, the proceeds related to the offence under the Prevention of Corruption Act, 1988 (49 of 1988) or Himachal Pradesh Prevention of Corruption Act, 1983 (51 of 1983) shall be confiscated and they shall vest absolutely in the Central Government free from all encumbrances or leasehold interest, excluding any debt due to any bank or financial institution. Explanation.—For the purposes of this sub-section, the terms "bank", "debt" and "financial institution" shall have the same meaning as assigned to them under clauses (d),
   • (f) and
   • (j) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

1. (1) Without prejudice to the provisions of sections 24 and 25, where the Special Court has reason to believe, on the basis of prima facie evidence or is satisfied that the properties, proceeds, receipts and benefits, by whatever name known, have been generated or acquired by the public servant through corrupt means, it may authorize the confiscation of such properties, proceeds, receipts and benefits until he is exonerated.
2. (2) Where any order of confiscation made under sub-section
3. (1) is modified or annulled by the High Court or where the public servant is exonerated by the Special Court, the properties, proceeds, receipts and benefits confiscated under sub-section
4. (1) shall be returned to such public servant and if for any reason it is not possible to return the properties, proceeds, receipts and benefits, such public servant shall be paid the price thereof, including the money so confiscated, along with interest calculated at the rate of five percent per annum from the date of confiscation.

1. (1) Where the Lokayukta, while conducting a preliminary inquiry into an allegation of corruption, on the basis of available evidence, is prima facie satisfied that—
   • (i) the likelihood of such preliminary inquiry being prejudiced by the public servant remaining in his post as referred to in clause
   • (d) or clause
   • (e) or clause
   • (f) of sub-section
2. (1) of section 13; or
   • (ii) such public servant is likely to destroy or any way temper with the evidence or influence witnesses, then the Lokayukta may recommend to the State Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
3. (2) The State Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section
4. (1) except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.

The Lokayukta may, in the discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record—

1. (a) to protect such document or record from destruction or damage; or
2. (b) to prevent the public servant from altering or secreting such document.

The Lokayukta may, by a general or special order in writing and subject to such terms and conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on him may also be exercised or discharged by such of his officers or employees as may be specified in the order.

1. (1) The State Government shall constitute such number of Special Courts as are recommended by the Lokayukta, to hear and decide the cases arising under the Prevention of Corruption Act, 1988, and the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 or under this Act.
2. (2) The Special Court constituted under sub-section (1), shall ensure that each trial is completed within a period of one year from the date of filing of the case in the Court: Provided that if the trial cannot be completed within the period of one year, the Special Court shall record reasons therefor and shall, within such further period or periods, not exceeding three months for each such period of three months, before the expiry of such period, complete the trial within the total period not exceeding two years.

1. (1) Notwithstanding anything contained in this Act, if in the course of any preliminary inquiry or investigation into any offence or proceeding under this Act or the Code of Criminal Procedure, 1973, an application is made to the Special Court by an officer authorised by the Lokayukta in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any country or place outside India, the Special Court may issue a letter of request to a court or an authority competent to deal with such request in such country or place, for the examination of such evidence.
2. (2) The letter of request shall be transmitted in such manner as may be prescribed.

[Repealed]

[Repealed]

[Repealed]

The Lokayukta shall, in each financial year, prepare in such form and at such time as may be prescribed, a budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta and forward the same to the State Government.

The State Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the Lokayukta by way of grants such sums of money as the State Government may consider necessary for being utilized for the purposes of this Act.

1. (1) The Lokayukta shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor General of India.
2. (2) The accounts of the Lokayukta shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Lokayukta to the Comptroller and Auditor General of India.
3. (3) The Comptroller and Auditor General of India and any person appointed by him in connection with the audit of the accounts of the Lokayukta under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokayukta.
4. (4) The accounts of the Lokayukta, as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and the State Government shall cause them to be laid before the State Legislative Assembly.

The Lokayukta shall submit to the State Government such statements and particulars and such accounts relating to any matter under the jurisdiction of the Lokayukta, as the State Government may require from time to time, at such time and in such form and manner as may be prescribed or as may be requested by the State Government.

1. (1) Every public servant shall make a declaration of his assets and liabilities in the manner provided by or under this Act.
2. (2) Every public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority—
   • (a) the information in respect of the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and
   • (b) his liabilities and that of his spouse and his dependent children.
3. (3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2), to the competent authority within thirty days of the coming into force of this Act.
4. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year.
5. (5) The information under sub-section
6. (2) or sub-section
7. (3) and annual return under sub-section
8. (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.
9. (6) The competent authority in respect of each Department shall ensure that all such statements are published on the website of such Department by 31st August of that year. Explanation.—For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.

If any public servant willfully or for reasons which are not justifiable—

1. (a) fails to declare his assets; or
2. (b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished, then such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means:

Prosecution for false complaint and payment of compensation, etc. to public servant

1. (1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.
2. (2) No Court, except a Special Court, shall take cognizance of an offence under sub-section (1).
3. (3) No Special Court shall take cognizance of an offence under sub-section (1), except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorized by the Lokayukta.
4. (4) The prosecution in relation to an offence under sub-section
5. (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the State Government.
6. (5) In case of conviction of a person being an individual or society or association of persons or trust (whether registered or not), for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.
7. (6) Nothing contained in this section shall apply in case of complaints made in good faith. Explanation.—For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code.

1. (1) Where any offence under sub-section
2. (1) of section 41 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
3. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of such society or association of persons or trust, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

It shall be the duty of the Lokayukta to present annually to the Governor a report on the work done by the Lokayukta and on receipt of such report the Governor shall cause a copy thereof together a memorandum, explaining in respect of the cases, if any, where the advice of the Lokayukta was not accepted, the reason for such non-acceptance to be laid before the Legislative Assembly.

The Lokayukta shall function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for delivery of public services and redressel of public grievances by any public authority in cases where the decision contains findings of corruption under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983.

No suit, prosecution or other legal proceedings under this Act shall lie against any public servant in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.

No suit, prosecution or other legal proceedings shall lie against the Lokayukta or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this Act or the rules or the regulations made thereunder.

The Lokayukta, officers and other employees of the Lokayukta shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

The Lokayukta shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of five years from the date on which the offence mentioned in such complaint is alleged to have been committed.

No civil court shall have jurisdiction in respect of any matter which the Lokayukta is empowered by or under this Act to determine.

The Lokayukta shall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lokayukta, if such assistance is requested for.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other that this Act or in any instrument having effect by virtue of any enactment other than this Act.

The provisions of this Act shall be in addition to and not in derogation of any other law for time being in force.

The Lokayukta shall have and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 shall have effect subject to the modification that—

1. (a) the references therein to a High Court shall be construed as including a reference to the Lokayukta;
2. (b) sub-section

1. (1) of section 18 shall not apply to the Lokayukta; and
   • (c) in "proviso to sub-section
2. (1) of section 19 reference to Judicial Commissioner in any Union Territory" shall be construed as including a reference to the Lokayukta.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (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 referred to in clause
   • (b) of sub-section
3. (1) of section 2;
   • (b) the post or posts in respect of which the appointment shall be made after consultation with the Himachal Pradesh Public Service Commission under the proviso to sub-section
4. (3) of section 9 of the Act;
   • (c) the salaries, allowances and other conditions of service of Secretary and other officers and staff in consultation with the Lokayukta under sub-section
5. (4) of section 9;
   • (d) other matters for which the Lokayukta shall have the powers of a civil court under clause
     • (vi) of sub-section
6. (1) of section 22;
   • (e) the manner of sending the order of attachment alongwith the material to the Special Court under sub-section
7. (2) of section 24;
   • (f) the manner of transmitting the letter of request under sub-section
8. (2) of section 31;
   • (g) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta under section 35;
   • (h) the form for maintaining the account and other relevant records and the form of annual statement of account under sub-section
9. (1) of section 37;
   • (i) the form and manner and the time for preparing the returns including annual return and Statements alongwith particulars and giving a summary of its activities during the previous year under section 38;
   • (j) the form of annual return to be filed by a public servant under sub-section
10. (5) of section 39;
    • (k) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 40; and
    • (l) any other matter which is to be or may be prescribed.

1. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notification in the Official Gazette, make regulations to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
   • (a) the manner for displaying on the website of the Lokayukta, the status of all complaints pending or disposed of alongwith records and evidence with reference thereto under sub-section
3. (9) of section 15;
   • (b) the manner and procedure of conducting preliminary inquiry or investigation under sub-section
4. (11) of section 15; and
   • (c) any other matter which is required to be or may be, specified under this Act.

Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fifteen days which may be comprised in one session or in two or more successive sessions aforesaid, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid and if the Assembly agrees in making any modification in the rule or regulation, or if Assembly agrees that the rule or regulation should not be made, the rule or regulation 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 amendment shall be without prejudice to the validity of anything previously done under that rule or regulation.

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

On and from the date of commencement of this Act, the Himachal Pradesh Lokayukta Act, 1983 (Act No. 17 of 1983) shall stand repealed (hereinafter in this section referred to as the ‘repealed Act’):

Provided that the repeal shall not affect—

1. (a) the appointment of Lokayukta under the repealed Act and his term of office and other conditions of service and who shall hold office as such for the remaining period of his term; or
2. (b) the appointment of officers and other staff of the Lokayukta and their service conditions and they shall continue to be the officers and officials of the Lokayukta to the extent their services are considered necessary by the Lokayukta; or
3. (c) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act; or
4. (d) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act; or
5. (e) any inquiry, investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such inquiry, investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced: Provided further that subject to preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order, notice or directions issued, rules or regulations made) under the repealed Act shall, in so far as it is in force immediately before coming into force of this Act is not inconsistent with the provisions of this Act be deemed to have been done, made or taken under corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by any thing done or any action taken under this Act.