Section 13-A inserted with marginal heading by Act No.11 of 2011.

administrative powers of the Lokayukta and Upa-Lokayuktas shall be such as may be prescribed, after consultation with the Lokayukta.

1. (3) Without prejudice to the provisions of sub-section (1), the Lokayukta or Upa-Lokayukta may, for the purpose of conducting investigations under this Act, utilise in such manner as may be prescribed the services of,-
   • (i) any officer or investigation agency of the State Government or the Central Government with the concurrence of that Government; or
   • (ii) any other person or agency. 15. (1) Any information obtained by the Lokayukta or UpaLokayukta or any member of their staff in the course of, or for the purposes, of, any preliminary verification made under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub-section (2) of section 10, be treated as confidential; and notwithstanding anything in the Indian Evidence Act, 1872, no court shall be entitled to compel the Lokayukta or Upa-Lokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected. Secrecy of Information. Central Act 1 of 1872.
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 or an offence of giving or fabricating false evidence under the Indian Penal Code, Central Act 19 of 1923. Central Act 45 of 1860. 1860 or for purposes of any trial of an offence under section 13 or any proceedings under section 16, of this Act; or
   • (c) for such other purposes as may be prescribed.
3. (3) An officer or other authority prescribed in this behalf may give notice in writing to the Lokayukta or UpaLokayukta, as the case may be, with respect to any document or information specified in the notice or any class of documents so specified, that in the opinion of the Government the disclosure of the documents or class of documents or information would be prejudicial to public interest; and where such a notice is given the Lokayukta or Upa-Lokayukta may, for reasons to be recorded, decide as to whether the disclosure of such document/or class of documents or information involves public interest. In case the disclosure of any document or information so specified is held to involve public interest, the Lokayukta, the UpaLokayukta or any member of their staff shall not communicate to any person any such document or information. Intentional insult or interruption to, or bringing into disrepute, Lokayukta or UpaLokayukta. 16. (1) Whoever, intentionally offers any insult or causes any interruption to the Lokayukta or Upa-Lokayukta while the Lokayukta or Upa-Lokayukta is conducting any investigation under this Act, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine or with both.
4. (2) Whoever, by words spoken or intended to be read makes or publishes any statement or does any other act, which is calculated to bring the Lokayukta or Upa-Lokayukta into disrepute, shall, on conviction be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
5. (3) The provisions of section 199 of the Code of Criminal Procedure, 1973, shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply in relation to an offence referred in sub-section (1) of the said section 199; subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor, except with the previous sanction: Central Act 2 of 1974.
   • (a) in the case of an offence against the Lokayukta, of the Lokayukta;
   • (b) in the case of an offence against Upa-Lokayukta of the Upa-Lokayukta concerned. 17. No suit, prosecution or other legal proceedings shall lie against the Lokayukta or Upa-Lokayukta or against any officer, employee, agency or person referred to in section 14 in respect of anything which is in good faith done or intended to be done under this Act.
6. (2) No proceedings of the Lokayukta or Upa-Lokayukta shall be deemed to be invalid by reason only of a defect or infirmity in his appointment or with the conduct of the proceedings.
7. (3) No proceedings, decision, finding or recommendation of Lokayukta or Upa-Lokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court or tribunal. 18. (1) The Governor may, by a notification and after consultation with the Lokayukta, confer on the Lokayukta or Upa-Lokayukta, as the case may be, such additional functions in relation to the eradication of corruption as may be specified in the notification. Protection of action taken in good faith. Conferment of additional functions on Lokayukta and Upa-Lokayukta, etc.
8. (2) The Governor may, by order in writing and after consultation with the Lokayukta, confer on the Lokayukta or Upa-Lokayukta such powers of supervision over agencies, authorities or officers set up, constituted or appointed by the Government of the eradication of corruption.
9. (3) The Governor may, by order in writing and subject to such conditions and limitations as may be specified therein, require the Lokayukta to investigate any action (being action in respect of which a complaint may be made under this Act, to the Lokayukta or Upa-Lokayukta) and notwithstanding anything in this Act the Lokayukta shall comply with such order: Provided that the Lokayukta may entrust investigation of any such action (being action in respect of which a complaint may be made under this Act, to the UpaLokayukta) to the Upa-Lokayukta.
10. (4) When any additional functions are conferred on the Lokayukta or Upa-Lokayukta under sub-section (1) or when the Lokayukta or Upa-Lokayukta is to investigate any action under sub-section (3), the Lokayukta or Upa-Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation made on a complaint involving an allegation, and the provisions of this Act shall apply accordingly. Power to delegate. Power to make rules. 19. The Lokayukta or Upa-Lokayukta may, by general or special order, in writing, direct that any powers or duties of administrative nature (except the power to make reports to the Governor under section 12), may also be exercised or discharged by such of the officers, employees or agencies referred to in section 14, as may be specified in the order. 20. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
11. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for-
    • (a) the authorities for the purpose required to be prescribed under sub-clause (iii) of clause (c) of section 2;
    • (b) the allowances and pension payable to and other conditions of service of, the Lokayukta and Upa-Lokayukta;
    • (c) the form in which complaints may be made and the fees if any, which may be charged in respect thereof;
    • (d) the powers of Civil Court which may be exercised by the Lokayukta or Upa Lokayukta;
    • (e) any other matter which is to be or may be prescribed or in respect of which this Act makes no provisions or makes insufficient provision and provision is in the opinion of the Government necessary for the proper implementation of this Act.
12. (3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification the rule or in the annulment of the rule, the rule shall from the date on which such modification or annulment is notified have effect only in such modified form or have 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. Removal of doubts. 21. For the removal of doubts, it is hereby declared that nothing in this Act shall be construed to authorise the Lokayukta or Upa-Lokayukta to investigate any allegation against-
    • (a) the Chief Justice or any Judge of the High Court or a member of the Judicial service as defined in clause (b) of article 236 of the Constitution;
    • (b) any officer or servant of any Court in the State;
    • (c) the Accountant-General, 38Telangana;
    • (d) the Chairman or a member of the 38Telangana Public Service Commission;
    • (e) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in article 324 of the Constitution and the Chief Electoral Officer of the State of 38Telangana;
    • (f) the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council and the staff of the Legislature Secretariat; 39[xxx] 39. Clauses (g) and (h) omitted by Act No.5 of 2020. 40[21-A.The Lokayukta, Upa-Lokayukta, 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 section 21 of the Indian Penal Code, 1860.] 22. The provisions of this Act shall be in addition to the provisions of any other enactment or any rule of law under which remedy in any other manner is available to a person making a complaint under this Act and nothing in this Act shall limit or affect the right of such person to avail of such remedy. Lokayukta, UpaLokayukta, Officers and employees of the Lokayukta to be Public Servants. Central Act 45 of 1860. Savings.

³⁸ Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

⁴⁰ Inserted 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).