Chapter V PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA

1. (1) The Lokayukta shall, on receipt of a complaint under the Prevention of Corruption Act, 1988 (49 of 1988), as defined under clause (g) of section 2, first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed further, it shall, to ascertain whether there exists a prima facie case for proceeding in the matter, order preliminary inquiry against any public servant, in the manner as provided in sub-section (3).
2. (2) The Lokayukta may, in his discretion, refuse to make an inquiry of any complaint specified in sub-section (1), if in his opinion,-
   • (a) the complaint is frivolous or vexatious or is not made in good faith;
   • (b) there are no sufficient grounds for inquiry or investigation ; or
   • (c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
3. (3) Before initiating any preliminary inquiry under sub-section (1) in respect of public servants referred to,-
   • (a) in clause (a) of sub-section (1) of section 12, the Lokayukta shall obtain the prior approval of the Maharashtra Legislative Assembly;
   • (b) in clause (b) of sub-section (1) of section 12, the Lokayukta shall obtain the prior approval of the Governor and the views of such Group of Ministers as may be appointed by the Governor. The Group of Ministers shall submit its views within a period of three months. Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall not be more than four months in aggregate. Explanation.- For the purposes of this clause, the Group of Ministers shall be assisted by the Chief Secretary or the Additional Chief Secretary nominated by the Chief Secretary, who shall act as the Secretary of such Group of Ministers;
   • (c) in clause (c) of sub-section (1) of section 12, the Lokayukta shall obtain the prior approval of the Chairman of the Maharashtra Legislative Council, in case of Member of Maharashtra Legislative Council and Speaker of the Maharashtra Legislative Assembly, in case of Member of Maharashtra Legislative Assembly, and the views of the Committee (if any) appointed by the Chairman or Speaker, as the case may be. Such approval shall be conveyed within a period of three months. Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall not be more than four months in aggregate;
   • (d) in clause (d) of sub-section (1) of section 12, the Lokayukta shall obtain prior approval of the concerned Minister and the views of the Secretary of the concerned Mantralaya department, who shall submit its views within a period of three months. Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall not be more than four months in aggregate;
   • (e) in case of clause (e) of sub-section (1) of section 12, prior approval of the Chief Minister and the views of the Chief Secretary or the Committee appointed by the Chief Secretary, who shall submit its views within a period of three months. Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall not be more than four months in aggregate;
   • (f) in clauses (f), (g) and (h) of sub-section (1) of section 12, the Lokayukta shall obtain the prior approval of the competent authority and the views of the Secretary of the concerned department, as he deems fit, who shall submit its views through the Chief Secretary or the Additional Chief Secretary nominated by the Chief Secretary, within a period of three months. Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall not be more than four months in aggregate.
4. (4) The competent authority shall convey its approval within the period specified in sub-section (3): Provided that, if the competent authority fails to convey its approval within the specified time, the Lokayukta may take action as he deems fit: Provided further that, the provisions of this sub-section shall not be applicable in case of complaint against the Chief Minister.

1. (1) The views received under section 21 of the Act,-
   • (a) relating to the Chief Minister and any Minister shall be considered by full bench of Lokayukta; and
   • (b) relating to other public servants shall be considered by not less than two members of Lokayukta.
2. (2) If there is no prima facie case according to the views received under sub-section (1), the bench may, after recording the reasons therefor, close the matter and communicate the same to the complainant and the public servant concerned; or if there exists a prima facie case to proceed in the matter, the bench may make recommendations to proceed with one or more of the following actions, namely :-
   • (a) in case of closure of the proceedings, may take action to proceed against the complainant under section 51; or
   • (b) may direct for preliminary inquiry under the provisions of this Act: Provided that, no action under this section shall be taken in case of a person serving in connection with the affairs of the Central Government, without the consent of the Central Government.

1. (1) Every preliminary inquiry referred to in clause (b) of Preliminary sub-section (2) of section 22 shall ordinarily be completed within a period of ninety days from the date of order of preliminary inquiry and for reasons to be recorded in writing, within a further period of ninety days. The preliminary inquiry report shall be submitted to the Lokayukta.
2. (2) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall take the assistance of the concerned Secretary to the State Government for the purpose of conducting preliminary inquiry.
3. (3) For the purposes of assisting the Lokayukta in conducting preliminary inquiry under this Act, as provided in clause (b) of sub-section (2) of section 22, the concerned Secretary to the State Government shall have the same powers as are conferred upon the Lokayukta under section 35.
4. (4) A preliminary report received under sub-section (1) shall be considered by the benches specified in section 22.
5. (5) If there is no prima facie case according to the report received under sub-section (1), after recording the reasons therefor, close the matter and communicate the same to the complainant and the public servant concerned; or if there exists a prima facie case to proceed in the matter or investigation, the bench shall make recommendations to proceed with one or more of the following actions, namely :-
   • (a) may direct for investigation by any State Agency of the State Government; or
   • (b) in case of closure of the proceedings, the bench may take action to proceed against the complainant under section 51.
6. (6) Before ordering preliminary inquiry under clause (b) of sub-section (2) of section 22 or an investigation under clause (a) of sub-section (5) of this section, the Lokayukta shall call for the explanation of the public servant: Provided that, the seeking of an explanation from the public servant before an inquiry or an investigation shall not interfere with the search and seizure, if any, required to be undertaken by any State Agency under this Act.

1. (1) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any State Agency to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that, the Lokayukta may extend the said period not exceeding six months at a time, however the total period shall not be more than twenty-four months in aggregate, for the reasons to be recorded in writing.
2. (2) Every such investigation shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before or during the investigation.
3. (3) Notwithstanding anything contained in 1[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], the State Agency shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta.
4. (4) The report under sub-section (3) shall be deemed to be a report filed on completion of investigation, referred to in 2[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)].
5. (5) The benches specified in sub-section (1) of section 22 shall consider every report received by it under sub-section (1) from any State Agency and may, decide as to-
   • (a) file charge-sheet or closure report, before the Special Court against the public servant subject to the provisions of section 30;
   • (b) recommend to the concerned competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant.
6. (6) The Lokayukta may, after taking a decision under sub-section (5) on filing of the chargesheet, direct,-
   • (a) the concerned investigating authority to file charge-sheet in a Special Court in respect of cases investigated by any State Agency; and
   • (b) the concerned to forward a copy of charge-sheet so filed, to the Lokayukta for the purposes of superintendence.
7. (7) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit.
8. (8) The website of the Lokayukta shall, from time to time, and in such manner as may be specified by regulations, display to the public the status of number of complaints pending before it or disposed of by it.
9. (9) The Lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.
10. (10) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.

If, at any stage of the proceeding, 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 an accused is likely to be prejudicially affected by the preliminary inquiry or investigation, the Lokayukta shall give to that person a reasonable opportunity of being heard in the preliminary inquiry or investigation and to produce evidence in his defence, consistent with the principles of natural justice.

Subject to the provisions of this Act, for the purposes of any preliminary inquiry or investigation, the Lokayukta or the investigating authority, 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) Any information, obtained by the Lokayukta or members of their staff in the course of, or for the purposes of any inquiry or investigation under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of sub-section (2) of section 24, be treated as confidential and notwithstanding anything contained in 1[the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)], 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 (1) shall apply to the disclosure of any information or particulars,-
   • (a) for purposes of the investigation or in any report to be made thereon or for any action or proceedings to be taken on such report; or
   • (b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923 (19 of 1923), or an offence of giving or fabricating false evidence under 2[the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)] or for purposes of any proceedings under section 51 of this Act; or
   • (c) for such other purposes as may be prescribed.

Notwithstanding anything contained in the Prevention of Corruption Act, 1988 (49 of 1988) or any other law for the time being in force, but subject to the provisions of this Act, where the approval of the competent authority of the public servant is obtained, no approval of any other authority shall be required by the Lokayukta for the purpose of,-

1. (a) making inquiry or for conducting investigation by any State Agency in respect of the cases investigated by such Agency on the direction of the Lokayukta, against such public servant; or
2. (b) for granting sanction for prosecution or for filling charge sheet in the Special Court, against such public servant.

Notwithstanding anything contained in any Act, in same or similar issues of complaint against any person,-

1. (a) where sanctioning authority has either accorded sanction for prosecution or refused such sanction under any Act then, the Lokayukta under this Act shall be barred from taking a decision in this regard; or
2. (b) where the competent authority or the Lokayukta has either accorded sanction for prosecution or refused such sanction under this Act then, any other authority under any Act shall be barred from taking a decision in this regard.

1. (1) Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by a public servant referred to in sub-section (1) of section 12, the Lokayukta may, after obtaining sanction for prosecution of the competent authority, instruct the concerned investigating authority to file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority : Provided that, the competent authority shall convey its decision under this sub-section within a period of three months to the Lokayukta, which may, for reasons to be recorded in writing by such authority, be extended by a period of one month : Provided further that, if the competent authority fails to convey its decision within the said time limit, the Lokayukta may take action as he deems fit: Provided also that, the provisions of first and second provisos shall not be applicable in case of complaint against Chief Minister.
2. (2) A Special Court may, notwithstanding anything contained in 1[section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)] or section 19 of the Prevention of Corruption Act, 1988 (49 of 1988), on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorized by it in this behalf, take cognizance of offence committed by any public servant.
3. (3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution of India and in respect of which a procedure for removal of such person has been specified therein.
4. (4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution of India.