Vidhi Codex

The Maharashtra Lokayukta Act, 2023

The Maharashtra Lokayukta Act, 2023

General202366 sections12 chapters

This Act establishes an anti-corruption body known as the Lokayukta for the state of Maharashtra to address allegations of corruption and misconduct by public servants. It defines what constitutes misconduct, including abuse of position, personal corruption, and failure to act. The Act provides a structured system where different authorities, including the Chief Minister, Governor, and legislative officials, serve as relevant authorities for different types of complaints. The provision allows for benches to be established and outlines their functioning. This law aims to promote transparency and accountability in governance by providing a formal mechanism to investigate and adjudicate corrupt practices within the state administration.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.

Chapter II DEFINITIONS →

  1. 2Definitions.

Chapter III ESTABLISHMENT OF LOKAYUKTA →

  1. 3Establishment of Lokayukta.
  2. 4Appointment of Chairperson and Members.
  3. 5Filling of vacancies of Chairperson or Members.
  4. 6Term of office of Chairperson and Members.
  5. 7Salary, allowances and other conditions of service of Chairperson and Members.
  6. 8Restriction on employment of Chairperson and Members after ceasing to hold office.
  7. 9Member to act as Chairperson or to discharge his functions in certain circumstances.
  8. 10Secretary, other officers and staff of Lokayukta.
  9. 11Expenses of Lokayukta to be charged on Consolidated Fund of State.

Chapter IV JURISDICTION OF LOKAYUKTA →

  1. 12Jurisdiction of Lokayukta.
  2. 13Bar of inquiry or investigation.
  3. 14Procedure of making complaint under Act.
  4. 15Conferment of additional functions on Lokayukta.
  5. 16Matters pending before any court or committee or statutory authority for inquiry not to be affected.
  6. 17Constitution of benches of Lokayukta.
  7. 18Distribution of business amongst benches.
  8. 19Power of Chairperson to transfer cases.
  9. 20Decision to be by majority.

Chapter V PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA →

  1. 21Provisions relating to complaints under Prevention of Corruption Act, 1988.
  2. 22Consideration of views.
  3. 23Preliminary Inquiry.
  4. 24Investigation.
  5. 25Persons likely to be prejudicially affected to be heard.
  6. 26Lokayukta may require any public servant or any other person to furnish information, etc.
  7. 27Secrecy of information.
  8. 28Where previous approval is obtained, no other approval necessary.
  9. 29Bar of sanction for prosecution.
  10. 30Action on inquiry against public servant.

Chapter VI COMPLAINTS OF GRIEVANCE →

  1. 31Complaints of grievance.
  2. 32Report of Lokayukta.

Chapter VII POWERS OF LOKAYUKTA →

  1. 33Supervisory powers of Lokayukta.
  2. 34Search and seizure.
  3. 35Lokayukta to have powers of civil court in certain cases.
  4. 36Powers of Lokayukta to utilise services of officers of State Government.
  5. 37Procedure for prohibition for alienation of assets.
  6. 38Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.
  7. 39Powers of Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption.
  8. 40Powers of Lokayukta to give directions to prevent destruction of records during preliminary inquiry.
  9. 41Power to delegate.
  10. 42Power to review.

Chapter VIII SPECIAL COURTS →

  1. 43Special Courts.
  2. 44Assessment of loss and recovery thereof by Special Court.

Chapter IX REMOVAL OF CHAIRPERSON AND MEMBERS →

  1. 45Removal and suspension of Chairperson and Members.
  2. 46Complaints against officials of Lokayukta.

Chapter X FINANCE, ACCOUNTS AND BUDGET →

  1. 47Budget.
  2. 48Grants by State Government.
  3. 49Annual statement of accounts.

Chapter XI OFFENCES AND PENALTIES →

  1. 50Intentional insult or interruption to, or bringing into disrepute, Lokayukta.
  2. 51Prosecution for false complaint and payment of compensation, etc., to public servant.
  3. 52False complaint made by society or association of persons or trust.

Chapter XII MISCELLANEOUS →

  1. 53Furnishing of returns, etc., to State Government.
  2. 54Annual report of Lokayukta.
  3. 55Protection of action taken in good faith by any public servant.
  4. 56Chairperson, Members, officers and employees of Lokayukta to be public servants.
  5. 57Bar of jurisdiction.
  6. 58Legal assistance.
  7. 59Act to have overriding effect.
  8. 60Provisions of this Act to be in addition of other laws.
  9. 61Power to make rules.
  10. 62Power of Lokayukta to make regulations.
  11. 63Laying of rules and regulations.
  12. 64Power to remove difficulties.
  13. 65Removal of doubts.
  14. 66Repeal and saving.

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