Chapter IV JURISDICTION OF LOKAYUKTA

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 under the Prevention of Corruption Act, 1988 (49 of 1988), made in a complaint in respect of the following, namely :-
   • (a) any person who is or has been a Chief Minister : Provided that, before initiating any inquiry against Chief Minister the prior approval of the Maharashtra Legislative Assembly shall be obtained. The motion thereof shall be placed before the next immediate Session of the Maharashtra Legislative Assembly : Provided further that, such motion shall be passed by not less than two-third of the total Members of the Maharashtra Legislative Assembly : Provided also that, the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Chief Minister, in so far as it relates to internal security or public order in the State: Provided also that, any such inquiry shall be held in camera and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone ;
   • (b) any other person who is or has been a Minister ;
   • (c) any person who is or has been a Member of the State Legislature ;
   • (d) any Member or Councillor of the Municipal Corporation, Municipal Council, Nagar Panchayat, Industrial Township, Zilla Parishad, Panchayat Samiti, or Village Panchayat including Mayor, Deputy Mayor, President, Vice-President, Chairman, Deputy Chairman, Sarpanch and Upa-Sarpanch and Chairman of any Committee of said local authorities ;
   • (e) All India Services Officers (including Indian Administrative Services, Indian Police Services, Indian Forest Services, etc.), in connection with the affairs of the State Government ;
   • (f) all officers and employees of the State Government and the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988), when serving or who have served, in connection with the affairs of the State excluding a person who is or has been working on Group 'D' post;
   • (g) all officers and employees, 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 the Parliament or of the State Legislature or wholly or partly financed by the State Government or controlled by it, equivalent to the officers and employees specified in clause (f); 1[Explanation.- For the purposes of this clause, officers and employees 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 the Parliament, means officers and employees appointed by the State Government or by any authority of the State Government under the Act of Parliament;]
   • (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, wholly or partly financed or aided by the State Government or any local authority or Government company, corporation, association or trust. Explanation.- For the purposes of clauses (g) and (i), it is hereby clarified that,-
     • (i) 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 covered in those clauses ;
     • (ii) a society, association of persons or trust shall be deemed to be wholly or partly aided by the State Government or local authority, if such entity has received any assistance from the State Government or local authority, in the form of land, grant-in-aid, loan, share capital, Government guarantee or any of them: Provided that, any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) and the provisions of that Act shall apply accordingly.
2. (2) 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 abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988) against a person referred to in sub-section (1).

1. (1) Notwithstanding anything contained in any Act, in the following cases, the Lokayukta shall not make an inquiry or investigation on complaint under this Act,-
   • (i) where same or similar issues of complaint are pending before any court ;
   • (ii) any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of the State Legislature in respect of anything said or a vote given by him in the State Legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the Constitution of India ;
   • (iii) in respect of a matter which has been referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) : Provided that, the Lokayukta may investigate the matters if the State Government has not taken any action against corruption as held by the inquiry Commission within a period of two years from the date of submission of the report to the State Government ;
   • (iv) in the case of a complaint involving a grievance in respect of any action,-
   • (a) if such action relates to any matter specified in the Second Schedule; or
   • (b) if the complainant has or had any remedy by way of proceedings before any tribunal or court: Provided that, the Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy if the Lokayukta is satisfied that such person could not or cannot, for sufficient cause, have recourse to such remedy ;
     • (v) any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant : Provided that, the Lokayukta may entertain a complaint if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause ;
     • (vi) any complaint involving an allegation, if the complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place.
2. (2) Notwithstanding anything contained in any Act, any court or any State Agency shall not make an inquiry or investigation under any Act on complaint of corruption, where the complaint is made by any person on same or similar issues to Lokayukta and an inquiry or investigation is being conducted on such complaint, by any State Agency or an inquiry or investigation has been completed by such Agency, on the directions of the Lokayukta: Provided that, in cases where charge-sheet has been filed in court under this Act, on the directions of the Lokayukta, the court can make an inquiry or investigation, if necessary, in such cases.
3. (3) The matters of which a complaint has been made to the Lokayukta under this Act shall not be referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952). Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding office or post in public service or serving in that capacity.

1. (1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta,-
   • (a) in the case of corruption, by any person ;
   • (b) in the case of a grievance, by the person aggrieved ;
   • (c) in the case of an allegation, by any person other than a public servant : 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 or, as the case may be, by any person who is authorized by him in this behalf.
2. (2) Every complaint shall be made in such form and shall be accompanied by such affidavits as may be prescribed.
3. (3) Notwithstanding anything contained in any Act, any letter written to the Lokayukta by a person in police custody, or in a gaol or in any asylum or other place for insane persons, shall be forwarded to the addressee unopened and without delay by the police officer or other person in charge of such gaol, asylum or other place and the Lokayukta, may, if satisfied that it is necessary so to do, treat such letter as a complaint made in accordance with the provisions of sub-section (2).
4. (4) 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 can prima facie be regarded as having been improperly exercised.

1. (1) The Governor may, by notification published in the Official Gazette, on the recommendation of the State Government and after consultation with the Lokayukta, confer on the Lokayukta such additional functions in relation to the redress of grievances and eradication of corruption as may be specified in the notification.
2. (2) The Governor may, by order in writing and on recommendation of the State Government, confer on the Lokayukta such powers of a supervisory nature over agencies, authorities or officers set up, constituted or appointed by the State Government for the redress of grievances and eradication of corruption.
3. (3) When any additional functions are conferred on the Lokayukta under sub-section (1), the Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any inquiry or investigation made on a complaint involving a grievance or an allegation, as the case may be, and the provisions of this Act shall apply accordingly.

In case any matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988) has been pending before any court or committee of the State Legislature or before any other statutory authority prior to commencement of this Act or prior to commencement of any inquiry after the commencement of this Act, such matter or proceeding shall be continued before such court, committee or statutory authority and the Lokayukta shall not deal with such cases.

1. (1) Subject to the provisions of this Act,-
   • (a) the jurisdiction of the Lokayukta may be exercised by benches thereof ;
   • (b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit ;
   • (c) every bench shall ordinarily consist of at least one Judicial Member ;
   • (d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson ;
   • (e) where a bench consists of a Judicial Member and a non-Judicial Members not being the Chairperson, such bench shall be presided over by the Judicial Member ;
   • (f) the benches of the Lokayukta shall ordinarily sit at Mumbai and at such other places as the State Government shall specify.
2. (2) The Lokayukta shall notify the areas in relation to which each bench of the Lokayukta may exercise jurisdiction.
3. (3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or re-constitute benches, from time to time.
4. (4) If at any stage of the hearing of any case or matter, it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a bench consisting of two or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such bench as the Chairperson may deem fit.

Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokayukta amongst the benches and also provide for the matters which may be dealt with by each bench.

On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.

If the Members of a bench consisting of an even number of Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokayukta and such point or points shall be decided according to the opinion of the majority of the Members of the Lokayukta who have heard the case, including those who first heard it.