Chapter XII MISCELLANEOUS

The Lokayukta shall furnish to the State Government, at such time and in such form and manner as may be prescribed or as the State Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokayukta, as the State Government may, from time to time, require.

1. (1) The Lokayukta shall present annually a report including matters relating to systemic and legal reform as may be necessary, on the performance of their functions under this Act to the Governor.
2. (2) On receipt of the annual report under sub-section (1), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature.
3. (3) Subject to the provisions of sub-section (2) of section 24, the Lokayukta may at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him or its benches, which may appear to him to be of public, academic or professional interest, in such manner and to such persons as he may deem appropriate.

No suit, prosecution, or other legal proceeding shall lie against the Lokayukta or against any officer, employee, State Agency or person referred to in section 10 in respect of anything which is in good faith done or intended to be done under this Act or the rules or the regulations made thereunder.

The Chairperson, Members, 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 1[clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

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 may provide for legal assistance to complainant or person against whom a complaint has been made who is eligible for legal aid as per the provisions of the Legal Services Authorities Act, 1987 (39 of 1987), and rules or regulations made thereunder.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than 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 the time being in force.

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 powers, such rules may provide for all or any of the following matters, namely :-
   • (a) the form for making complaint and affidavit thereof under sub-section (2) of section 14 ;
   • (b) other matters for which the Lokayukta shall have the powers of a civil court under clause (vi) of sub-section (1) of section 35 ;
   • (c) 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 47;
   • (d) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 49 ;
   • (e) the form and manner and the time for preparing the returns and statements alongwith particulars under of section 53 ; and
   • (f) 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 powers, 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 along with records and evidence with reference thereto under sub-section (8) of section 24 ;
   • (b) the manner and procedure of conducting preliminary inquiry or investigation under sub-section (10) of section 24 ;
   • (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 each House of 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree 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 annulment 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 it to be necessary for removing the difficulty: Provided that no such order shall be made under this sub-section after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of the State Legislature.

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

1. (a) any judge as defined in 1[clause (16) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)];
2. (b) any officer or servant of any court;
3. (c) the Accountant General, Maharashtra;
4. (d) the Chairman or a Member of the Maharashtra State Public Service Commission;
5. (e) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in article 324 of the Constitution of India and the Chief Electoral Officer, Maharashtra State;
6. (f) the Speaker of the Maharashtra Legislative Assembly or the Chairman of the Maharashtra Legislative Council;
7. (g) any member of the Secretarial staff of either House of the State Legislature.

1. (1) On the commencement of this Act, the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Mah. XLVI of 1971), shall, from such commencement, stand repealed.
2. (2) Notwithstanding such repeal,-
   • (a) all applications, suits and other proceedings under the said Act, pending on the date of commencement of this Act before any court, competent authority or other office or authority, shall be continued and disposed of, in accordance with the provisions of the Act so repealed, as if the said Act had continued in force and this Act had not been passed;
   • (b) any appointment made or rules, notifications or orders issued under the repealed Act and in force on the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act and shall continue to be in force until the same are superseded or modified by any appointment made or rule, notification or order issued under this Act;
   • (c) all prosecutions instituted under the provisions of the repealed Act shall be effective and disposed of in accordance with the law.