section 21
Provisions relating to complaints under Prevention of Corruption Act, 1988.
The Maharashtra Lokayukta Act, 2023General202366 sections12 chapters
Chapter V PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA
Statutory text
- (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) 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) 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) 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.
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