Added by Act No.11 of 2011.

The Telangana Lokayukta Act, 1983

General198327 sections

Statutory text

²⁷ Substituted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).

Provided that,-

28[(a) the person to be appointed as the Lokayukta shall be a Retired Chief Justice of a High Court or a Retired Judge of a High Court;]

(b) the person to be appointed as Upa-Lokayukta shall be a retired Judge of High Court or a retired District Judge;
(c) the Lokayukta or Upa-Lokayukta shall be appointed on the recommendation of Committee consisting of,-
- (i) the Chief Minister of the State;
- (ii) the Speaker of Legislative Assembly of the State;
- (iii) the Leader of Opposition in the Legislative Assembly;
- (iv) the Chairman of the Legislative Council;
- (v) the Leader of Opposition in the Legislative Council.] 29[(2) (i) Every person appointed to be the Lokayukta shall, before entering upon his office, make and subscribe, before the Governor an oath or affirmation according to the form set out for the purpose in the First Schedule.
- (ii) Every person appointed to be the Upa-Lokayukta shall, before entering upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.]

²⁸ Substituted by Act No.5 of 2020.

²⁹ Substituted by Act No.1 of 2001.

(3) The Upa-Lokayukta shall function under the administrative control of the Lokayukta and in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue general or special directions, as he may consider necessary, to the UpaLokayukta: Provided that nothing in this sub-section shall be construed to authorise the Lokayukta to question any decision, finding, or recommendation of the Upa-Lokayukta. Lokayukta or UpaLokayukta to hold no other office. 4. (1) The Lokayukta or Upa-Lokayukta shall not be a member of either House of Parliament or of a House of the Legislature of any State, nor shall behold any office of trust or profit (other than his office as the Lokayukta or, as the case may be, Upa-Lokayukta) or shall be connected with any political party, or shall carry on any business or practice any profession.
(2) A person appointed to be the Lokayukta or, as the case may be, the Upa-Lokayukta, shall, before he enters upon his office-
- (a) if he is a Member of Parliament or of the Legislature of any State, resign such membership; or
- (b) if he holds any office of trust or profit cease to hold such office by resignation or otherwise; or
- (c) if he is connected with any political party, sever his connection with it; or
- (d) if he is carrying on any business, discontinue his participation (short of divesting himself of ownership) in the conduct and management of such business; or
- (e) if he is practising any profession, suspend to practise such profession. 5. (1) Every person appointed to be the Lokayukta or Upa-Lokayukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that,- Term of office and other conditions of service of Lokayukta and Upa-Lokayukta.
- (a) the Lokayukta or Upa-Lokayukta may by writing under his hand addressed to the Governor, resign his office;
- (b) the Lokayukta or Upa-Lokayukta may be removed from his office in the manner specified in section 6.
(2) If the office of the Lokayukta or Upa-Lokayukta becomes vacant, or if the Lokayukta or Upa-Lokayukta is, by reason of absence or for any other reason whatsoever, unable to perform the duties of his office, those duties, shall, until some other person is appointed under section 3 and enters upon such office or, as the case may be, until the Lokayukta or Upa-Lokayukta resumes his duties, be performed,-
- (a) where the office of the Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by the Upa-Lokayukta or if there are two or more Upa-Lokayuktas, by such one of the UpaLokayuktas as the Governor may, by order, direct;
- (b) where the office of the Upa-Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office by the Lokayukta himself or if the Lokayukta so directs, by the other Upa-Lokayukta or as the case may be, such one of the other Upa-Lokayuktas as may be specified in the direction. 30[(3) The Lokayukta or the Upa-Lokayukta appointed under this Act, on ceasing to hold office, shall be ineligible for employment either under the Government or any such local authority, Corporation, Government Company or Society as referred to in sub-clause (v) of clause (k) of section 2.] 31[(4) The salary payable to the Lokayukta or Upa- Lokayukta in respect of time spent on actual service shall respectively be the same as that of the Chief Justice or a Judge of the 30[High Court for the State of Telangana].]
(5) The allowances and pension, payable to and other conditions of service of the Lokayukta or Upa-Lokayukta shall respectively be the same as those of the Chief Justice or a Judge of the 30[High Court for the State of Telangana:] Provided that the allowances and pension payable to, and other conditions of service of, the Lokayukta or UpaLokayukta shall not be varied to his disadvantage after his appointment. Removal of Lokayukta or UpaLokayukta. 6. (1) The Lokayukta or Upa-Lokayukta may be removed from his office by the Governor on the ground of misbehaviour or incapacity and on no other ground: Provided that no Lokayukta or Upa-Lokayukta shall be so removed except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided further that any such inquiry—
- (i) in respect of Lokayukta, shall be held only by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court; and
- (ii) in respect of Upa-Lokayukta, shall be held only by a person appointed by the Governor, being a person who is or has been a Judge of the Supreme Court or who is or has been a Judge of the 32[High Court for the State of Telangana].
(2) The person appointed under the proviso to sub- section (1), shall submit the report of his inquiry to the Governor who shall, as soon as may be, but not later than six months, cause it to be laid before each House of the State Legislature.
(3) Notwithstanding anything in sub-section (1), the Governor shall not remove the Lokayukta or Upa-Lokayukta unless an address by each House of the State Legislature supported by a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting has been presented to the Governor in the same session for such removal. 7. (1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of, or at the behest of,- Matters which may be investigated by Lokayukta or UpaLokayukta.
- (i) a Minister or a Secretary; or
- (ii) a Member of either House of the State Legislature; or
- (iii) a Mayor of the Municipal Corporation constituted by or under the relevant law for the time being in force; or 33[(iii-a) a Vice Chancellor or a Registrar of a University;]
- (iv) any other public servant, belonging to such class or section of public servants, as may be notified by the Government in this behalf after consultation with the Lokayukta, in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Lokayukta, the subject of an allegation.
(2) Subject to the provisions of this Act, the Upa- Lokayukta may investigate any action which is taken by, or with the general or specific approval of, any public servant, other than those referred to in sub-section (1), in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Upa-Lokayukta, the subject of an allegation.
(3) Notwithstanding anything in sub-section (2), the Lokayukta may, for reasons to be recorded in writing, investigate any allegation in respect of an action which may be investigated by the Upa-Lokayukta under that subsection, whether or not complaint has been made to the Lokayukta in respect of such action.
(4) Where two or more Upa-Lokayuktas are appointed under this Act, the Lokayukta may by general or special order, assign to each of them matters which may be investigated by them under this Act: Provided that no investigation made by the UpaLokayukta under this Act and no action taken or thing done by him in respect of such investigation shall be called in question on the ground only that such investigation relates to a matter which is not assigned to him by such order. 8. (1) The Lokayukta or Upa-Lokayukta shall not investigate any allegation-
- (a) in respect of which a formal and public inquiry has been ordered under the Public Servants (lnquiries) Act, 1850.
- (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952; Matters not subject to investigation by Lokayukta or UpaLokayukta. Central Act 37 of 1850. Central Act 60 of 1952. In case where the Lokayukta or Upa-Lokayukta, as the case may be, has given his prior concurrence for such inquiry: Provided that if, on an application for such concurrence, no intimation of withholding it is communicated within ninety days after the receipt of the application by the Lokayukta or Upa-Lokayukta, as the case may be, the concurrence shall be deemed to have been given. 34[(2) The Lokayukta or Upa-Lokayukta shall not investigate any complaint involving an allegation, if the complaint is made after the expiry of six years from the date on which the action complained against is alleged to have been taken place or after the expiry of a period of one year 34. Section 8(2) substituted by Act No.11 of 2011. from the date on which the action complained against becomes known to the complainant, whichever is later.] Provision relating to complaints. Procedure in respect of investigations. 9. 35[(1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta or UpaLokayukta in the case of an allegation by any person, or in the case of a grievance by a person aggrieved, in respect of any action.]
(2) Every complaint shall be made in such form, and shall be accompanied by such affidavits as may be prescribed.
(3) Notwithstanding anything in any other law for the time being in force, any letter written to the Lokayukta or Upa-Lokayukta by a person in police custody, or in a goal 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 goal, asylum or other place and the Lokayukta or Upa-Lokayukta, as the case may be, may, treat such letter as a complaint made in accordance with the provisions of sub-section (2). 10. (1) Where the Lokayukta or Upa-Lokayukta after making such preliminary verification as he deems fit, proposes to conduct any investigation under this Act, he-
- (a) shall forward a copy of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the public servant concerned and the competent authority concerned; 35. Section 9(1) substituted by Act No.11 of 2011.
- (b) shall afford to the public servant concerned an opportunity to offer his comments on such complaint or statement; and
- (c) may make such orders as to the safe custody of documents relevant to the investigation as he deems fit.
(2) (a) Every preliminary verification referred to in subsection (1) shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the said preliminary verification shall not be disclosed to the public or the press, whether before or during the preliminary verification, but every investigation referred to in sub-section (1) shall be conducted in public: Provided that the Lokayukta or Upa-Lokayukta may conduct any such investigation in private, if he, for reasons to be recorded in writing thinks fit to do so. 36[(b) The Lokayukta or Upa-Lokayukta as the case may be shall make an endeavour to complete the investigation within a period of one year from the date of issue of notice in Form No.VII as prescribed in the rules to the public servants; and where it is unable so to do he shall record his reasons for such inability.]
(3) Save as aforesaid, the procedure for conducting any investigation shall be such as the Lokayukta or as the case may be, the Upa-Lokayukta considers appropriate in the circumstances of each case.
(4) The Lokayukta or Upa-Lokayukta may, in his discretion, refuse to investigate or discontinue the investigation of any complaint involving any allegation if in his opinion-
- (a) the complaint is frivolous or vexatious, or is not made in good faith; or
- (b) there are no sufficient grounds for investigating or, as the case may be, for continuing the 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.
(5) In any case where the Lokayukta or Upa-Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of the complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned. Evidence. 11. (1) Subject to other provisions of this section, for the purpose of any investigation (including the preliminary verification, if any, before such investigation) made under this Act, the Lokayukta or Upa-Lokayukta may require any public servant or any other person, who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. Central Act 5 of 1908.
(2) For the purpose of any such investigation (including the preliminary verification) the Lokayukta or Upa-Lokayukta shall have all the powers of a civil court of while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely,-
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any document;
- (c) receiving evidence on affidavits;
- (d) requisitioning any public record or copy thereof from any Court or office;
- (e) issuing commissions for the examination of witnesses or documents;
- (f) such other matters as may be prescribed.
(3) Any proceedings before the Lokayukta or Upa- Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860. Central Act 45 of 1860.
(4) Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servants, whether imposed by or under any law or by any instrument having the force of law, shall apply to the disclosure of information for the purpose of any investigation made under this Act and the Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any law or instrument as aforesaid in legal proceedings: Provided that no person shall be compelled for the purpose of any investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a court.
(5) No person shall be required or authorised by virtue of this Act, to furnish any such information or answer any such question or produce so much of any document-
- (a) as might prejudice the security or defence or international relations of India (including India’s relations with the Government of any other country or with any international organization); or
- (b) as might involve the disclosure of proceedings of the Council of Ministers of the Government or any Committee of that Council; and for the purpose of this sub-section a certificate issued by the Chief Secretary to the Government certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b) shall be binding and conclusive. Reports of Lokayukta and Upa-Lokayukta. 12. (1) If, after investigation of any allegation in respect of any action under this Act, the Lokayukta or Upa-Lokayukta is satisfied that such allegation is substantiated either, wholly or partly, he shall by a report in writing, communicate his findings and recommendations along with the relevant documents, materials or other evidence to the competent authority.
(2) The competent authority shall examine the report forwarded to it under sub-section (1) and without any further inquiry, take action on the basis of the recommendation and intimate within three months of the date of receipt of the report, the Lokayukta or, as the case may be, the UpaLokayukta the action taken or proposed to be taken on the basis of the report.
(3) Where, in a report forwarded by the Lokayukta or Upa-Lokayukta, any recommendation imposing the penalty of removal from the office of the public servant falling within sub-clause (iv) or sub-clause (v) of clause (k) of section 2 has been made, it shall be lawful for the Government without any further inquiry to take action on the basis of the said recommendation for the removal of such public servant from his office and for making him ineligible for being elected to any office specified by the Government in this behalf, notwithstanding anything contained in any law for the time being in force.
(4) If the Lokayukta or Upa-Lokayukta is satisfied with the action taken or proposed to be taken on his findings and recommendations referred to in sub-section (1), he shall close the case under intimation to the complainant, the public servant and the competent authority concerned; but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the complainant.
(5) The Lokayukta and the Upa-Lokayukta shall present annually a consolidated report on the work done under this Act to the Governor.
(6) On receipt of the special report under sub-section
(4) or the annual report under sub-section (5), the Governor shall cause a copy thereof together with and explanatory memorandum to be laid before each House of the State Legislature.
(7) Subject to the provisions of sub-section (2) of section 10, the Lokayukta may, at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him or by the Upa-Lokayukta, which may appear to him to be of a general, public, academic or professional interest, in such manner and to such persons as he may deem appropriate. 13. Notwithstanding anything in section 10 or any other provisions of this Act, whoever wilfully or maliciously makes any false complaint under this Act, shall, on conviction, be Prosecution for false complaints. punished with imprisonment for a term which may extend to one year and shall also be liable to fine.
(2) No Court, except a court of the judicial magistrate of the first class shall take cognizance of the offence under sub-section (1).
(3) No such Court shall take cognizance of any such offence except on a complaint made by a person against whom false complaint was made, and after obtaining the previous sanction of the Lokayukta or Upa-Lokayukta, as the case may be.
(4) Such Court, on conviction of the person making false complaint, may award, out of the amount of the fine, to the complainant such amount of the compensation as it thinks fit. Imposition of costs. 37[13-A. (1) In case any complaint made is found malicious, vexatious or false, the Lokayukta or Upa-Lokayukta may impose suitable costs against the complainant and the same shall be recoverable as arrears of land revenue.
(2) The Lokayukta or Upa-Lokayukta may award costs to the complainant.] Staff of Lokayukta and UpaLokayukta. 14. The Lokayukta may appoint, or authorise UpaLokayukta or any officer subordinate to the Lokayukta or Upa-Lokayukta to appoint, officers and other employees to assist the Lokayukta and the Upa-Lokayuktas in the discharge of their functions under this Act.
(2) The categories of officers and employees who may be appointed under sub-section (1), their salaries, allowances and other conditions of service and the

³⁰ Substituted by Act No.5 of 2020.

³¹ Substituted by Act No.39 of 1987.

³² Substituted by Act No.5 of 2020.

³³ Inserted by Act No.1 of 2007.

³⁶ Substituted by Act No.1 of 2007.

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