LexThe Goa Lokayukta Act, 2011
Goa · state statute
Open in Lexace · Ask the AI about this actThe Goa Lokayukta Act, 2011
(Goa Act 3 of 2012) [12-5-2012]
AN
ACT
to provide for the establishment of the Institution of Lokayukta to inquire into grievances and
allegations against public functionaries in the State of Goa and to make provisions for the
appointment of the Lokayukta and Upa-Lokayukta and for the matters connected therewith.
Be it enacted by the Legislative Assembly of Goa in the Sixty-Second Year of the Republic of
India as follows:-
1. Short title, extent and commencement. — (1) This Act may be called the Goa Lokayukta
Act, 2011.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may by notification in the Official
Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires:—
(a) “action” means action taken by a public functionary in the discharge or purported
discharge of his functions as such public functionary, by way of decision, recommendation or
finding or in any other manner, and includes any omission or commission in connection with or
arising out of such action, and all other expressions connoting such action shall be construed
accordingly;
(b) “allegation” in relation to a public functionary, means any affirmation that such public
functionary in his capacity as such:—
(i) is guilty of corruption, favoritism, nepotism or lack of integrity;
(ii) was actuated in the discharge of his functions by personal interest or improper or
corrupt motive;
(iii) has abused or misused his position to obtain any gain or favour to himself or to any
other person or to cause loss or undue harm or hardship to any other person;
(iv) any person on his behalf, is in possession or has at any time during the period of his
office been in possession of pecuniary resources or property disproportionate to his known
sources of income, for which the public functionary cannot satisfactorily account;
(c) “Chief Minister” means the Chief Minister of the State of Goa;
(d) “Competent authority”, in relation to a public functionary, means:—
(i) in the case of the Chief Governor;
Minister or any Member of
the State Legislative
Assembly:
(ii) In the case of a Minister or
Secretary:
the Chief Minister or during the
period of operation of any
proclamation issued under Article-
356 of the Constitution of India, the
Governor;
(iii) in the case of a Vice-
Chancellor of University:
the Chancellor of the University;
(iv) in the case of any other
public functionary:
the Chief Minister or such authority
as may be prescribed.
(e) “complaint” means a complaint by any person alleging or making allegations that a public
functionary has committed acts of corruption or any other act mentioned in sub-clauses (i) to
(iv) of clause (b) of section 2 and also includes a grievance;
(f) “corruption” includes anything made punishable under Chapter IX of the Indian Penal
Code, 1860 (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central
Act 49 of 1988);
(g) “family” of a public functionary means the spouse, parents, unmarried sisters/brothers
and children or relatives of the public functionary as are dependent on him or her, as the case
may be;
(h) “Governor” means the Governor of the State of Goa;
(i) “grievance” means claim by any person against a public functionary , falling under
clause (q) (xi) of Section 2 of this Act , that he sustained injustice or undue hardship in
consequence of mal-administration by such public functionary;
(j) “local authority” means a Municipal Corporation or a Municipal Council or a Planning
and Development Authority or a Township Committee or a Zilla Panchayat or a Village
Panchayat or any other local self body;
(k) “Lokayukta” means the person appointed to be Lokayukta under section 3 of this Act;
(l) “Mal-administration” means action taken or purporting to have been taken in the exercise
of administrative functions in any case:—
(i) where such action or the administrative procedure or practice governing such action is
unreasonable, unjust, oppressive or improper, discriminatory; or
(ii) where there has been negligence or undue delay in taking such action, or the
administrative procedure or practice governing such action involves undue delay;
(m) “Minister” means a member (other than the Chief Minister) of the Council of Ministers
for the State of Goa and includes a Deputy Chief Minister, a Minister of State and a Deputy
Minister;
(n) “Notification” means a notification published in the Official Gazette of the Government
of Goa and the expression “notified” shall be construed accordingly;
(o) “Officer” means a person appointed to a civil or public service or post in connection with
the affairs of the State of Goa;
(p) “prescribed” means prescribed by the rules made under this Act;
(q) “public functionary” means a person, who is or was at any time:—
(i) the Chief Minister or a Minister of the State of Goa; or
(ii) a Member of the Legislative Assembly of the State of Goa; or
(iii) the President or the Vice-President or the Chairman or the Vice-Chairman or the
Secretary or the Managing Director (by whatever name called) of:-
(1) a local authority; or
(2) a Government Company as defined in section 617 of the Companies Act, 1956
(Central Act 1 of 1956); or
(3) a statutory body or Corporation or Board established by or under a statute and
owned or controlled by the Government of Goa, including a co-operative society; or
1[(4) any other Corporation or Board or Society or non-statutory body or administrative
committee, owned or controlled by the Government of Goa; or]
(iv) a member of a local authority; or
(v) a member of the State Transport Authority or any Regional Transport Authority; or
(vi) The Chairman or Manager or Secretary or Corresponding Authority having control
over the administration of a private school, whether under individual or corporate
management, which receives or has received aid or grant from the Government under the
Goa, Daman and Diu School Education Act, 1984 (Act 15 of 1985) or any other relevant law
for the time being in force and the rules made there under; or
(vii) The Chairman or Manager or Secretary or Corresponding Authority having control
over the administration of a private college, whether under a unitary or corporate
management whether it is affiliated to a University in the State of Goa, or not, but which
received aid or grant from the Government; or
(viii) The Chairman or Manager or Secretary or Corresponding Authority having control
over the administration of a private engineering college or private polytechnic, whether under
a unitary or corporate management, as the case may be, and which received aid or grant from
the Government; or
(ix) an officer referred to in clause (o); or
(x) a person in the service or pay of a local authority, University, Statutory Body or
Corporation, Society, Government Company, or other institution as is referred to in sub-
clauses (iii) to (ix);
(xi) Any person who has received Government grant of whatever nature to the tune of Rs.
1 Lakh or more in a financial year for whatever purpose.
Explanation.— In this clause:—
(1) “co-operative society” includes a co-operative society registered or deemed to have
been registered under the Goa Co-operative Societies Act, 2001(Goa Act 36 of 2001) or
under any other law in force in the State of Goa;
(2) “society” means a society registered in the State under the Societies Registration
Act,1860 (Central Act 21 of 1860);
(3) “public servant” means a public servant as defined in section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860);
(4) “State” means the State of Goa;
(r) “ Secretary” means a Secretary to the Government of Goa and includes the Chief
Secretary, an Additional Chief Secretary, a Principal Secretary, Development Commissioner,
Commissioner, a Special Secretary, an Additional Secretary, a Joint Secretary, Under
Secretary or such Officer, by whatever name called;
(s) “Upa-Lokayukta” means a person appointed to be Upa-Lokayukta under section 3.
3. Appointment of Lokayukta or Upa-Lokayukta.— (1) For the purpose of conducting
investigations and inquiries in accordance with the provisions of this Act, the Governor shall, by
order under his hand and seal, appoint a person to be known as the Lokayukta and if need be, one
or more persons to be known as the Upa-Lokayuktas:
Provided that the Lokayukta and/or Upa-Lokayuktas shall be appointed by the Governor on the
advice tendered by the Chief Minister, in consultation with the Chief Justice of the High Court
and the Leader of Opposition.
2[(2) A person to be appointed as the Lokayukta shall be a person who has held the office of a
Judge of the Supreme Court, or of a Chief Justice of the High Court. A person to be appointed as
the Upa-Lokayukta shall be a person who has held the office of a Judge of the High Court or is
qualified to be appointed as a Judge of the High Court.]
(3) Every person appointed as the Lokayukta or Upa-Lokayukta, shall before entering his
office, make and subscribe, before the Governor or such person appointed in that behalf by him
an oath or affirmation in the form set out hereunder:—
“I, A, B ….. having been appointed as the Lokayukta/Upa-Lokayukta under the Goa
Lokayukta Act, 2011 do hereby swear in the name of God/solemnly affirm that I will bear true
faith and allegiance to the Constitution of India as by law established and that I will duly and
faithfully and to the best of my ability, knowledge and judgment perform the duties of my
office without fear or favour, affection or ill-will”.
(4) If the offices of the Lokayukta or Upa-Lokayukta becomes vacant, or if the Lokayukta or
Upa-Lokayukta, by reason of absence or for any other reason whatsoever, is unable to perform the
duties of his office, those duties, shall, until some other person is appointed under sub-section (1)
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 Upa-Lokayuktas as the Governor may, appoint for the
purpose;
(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-Lokayuktas or as the case may be, such one of the other
Upa-Lokayuktas as may be specified in the direction.
(5) The Upa-Lokayukta shall, while acting as or discharging the functions of Lokayukta, have
all the powers and immunities of the Lokayukta and be entitled to salary, allowances and
perquisites as are applicable in relation to the Lokayukta.
4. Lokayukta or Upa-Lokayukta to hold no other Office.— (1) The Lokayukta or Upa-
Lokayukta shall not be a Member of Parliament or a Member of the Legislative Assembly of any
State, nor shall he hold any office of trust or profit (other than his office as the Lokayukta or Upa-
Lokayukta, as the case may be), nor shall be connected with any political party, nor shall carry on
any business or practice any profession nor shall accept any assignment without prior approval of
the Governor and accordingly, before he enters upon his office, a person appointed as the
Lokayukta or Upa-Lokayukta, shall:—
(a) if he holds any office of trust or profit, resign from such office;
(b) if he is connected with any political party, sever his connection with it;
(c) if he is carrying on any business, sever his connection (short of divesting himself of
ownership) with the conduct and management of such business; or
(d) if he is practicing any profession, suspend practice of such profession.
(2) A person who has been a member of a political party and contested the elections of
Parliament, Assembly, Panchayat, Zilla Panchayat or any other local body at any time during the
period of five years immediately preceding:—
(a) the commencement of this Act, in the case of first appointment, after such
commencement; or
(b) the date on which the vacancy has arisen, in the case of any subsequent appointment,
shall not be eligible to be appointed as Lokayukta or Upa-Lokayukta;
5. Term of office of the Lokayukta or Upa-Lokayukta .— (1) Every person appointed as the
Lokayukta or Upa-Lokayukta shall hold office for a term of 3[five years] from the date on which
he enters upon his office as Lokayukta or Upa-Lokayukta, as the case may be, or till he attains the
age of 13[seventy three] years, whichever is earlier:
14[***]
15[Provided that].
(a) the Lokayukta or Upa-Lokayukta may, by writing under his hand addressed to the
Governor, resign from his office; or
(b) the Lokayukta or Upa-Lokayukta may be removed from office in the manner provided in
section 7.
(2) On ceasing to hold office, the Lokayukta or Upa-Lokayukta shall be ineligible for further
appointment as the Lokayukta or Upa-Lokayukta or for any employment under the Government of
Goa or for any employment under any local authority, University, Statutory Body or Corporation,
Society, Co-operative Society, Government Company, other body or corporation, as is referred to
in sub-clauses (iii) to (x) of clause (q) of section 2;
6. Conditions of service of Lokayukta or Upa-Lokayukta. — 4[(1) The Lokayukta shall have
the status of a Judge of the Supreme Court and the Upa-Lokayukta shall have the status of a Judge
of the High Court, and they shall be entitled to salary, allowances and pension and shall be subject
to the same conditions of service, as a Judge of the Supreme Court and a Judge of the High Court,
respectively:]
5[ ]
Provided further that, if a person at the time of his such appointment is in receipt of pension in
respect of any previous service, as a Judge under the Government of India or under the
Government of a State, his salary in respect of service as the Lokayukta or Upa-Lokayukta shall
be reduced,—
(a) by the amount of that pension, except pension received as a freedom fighter;
(b) if he has, before such appointment, received in lieu of a portion of the pension due to him
in respect of such previous service the commuted value thereof, by the amount of that portion
of the pension; and
(c) if he has, before such appointment, received a retirement gratuity in respect of such
previous service, by the pension equivalent of that gratuity:
Provided also that the allowances payable to, and other conditions of service of the Lokayukta
or Upa-Lokayukta shall not be varied to his disadvantage after his appointment:
Provided further that the Lokayukta or Upa-Lokayukta shall not hold any other office.
(2) The expenditure in respect of the salaries and allowances of the Lokayukta or
Upa-Lokayukta shall be charged on the Consolidated Fund of the State of Goa.
7. Removal of the Lokayukta or Upa-Lokayukta.—
(1) The Lokayukta or Upa-Lokayukta shall not be removed from his office except by an order
of the Governor passed after an address by the State Legislative Assembly supported by a
majority of the total membership of the House and by a majority of not less than two-thirds of the
members of the House present and voting, has been presented to the Governor in the same session
for such removal on the ground of proved misbehavior or incapacity.
(2) The procedure for the presentation of an address and for the investigation and proof of
misbehavior or incapacity of the Lokayukta or Upa-Lokayukta under sub-section (1) shall be as
provided in the Judges (Inquiry) Act, 1968 (Central Act 51 of 1968).
8. Staff of Lokayukta or Upa-Lokayukta .— (1) The Lokayukta or Upa-Lokayukta shall have
a Secretary and such or other officers and employees as may be determined by the Governor in
consultation with the Lokayukta or Upa-Lokayukta, to assist the Lokayukta or Upa-Lokayukta in
the exercise of their powers and the discharge of their functions under this Act.
(2) The conditions of service of the Secretary and other officers and employees shall be such as
may be specified by the Governor.
(3) Appointment of Secretary and such other officers and employees shall be made by the
Lokayukta in consultation with the Upa-Lokayukta, if any:
Provided that where such appointment is made by direct recruitment, the Goa Public Service
Commission shall be consulted.
(4) The rules for reservation of appointments and posts in Government service in favour of the
Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens shall, mutatis
mutandis, apply to appointments to be made under this section.
(5) Without prejudice to the provisions of sub-sections (1), (2), and (4), the Lokayukta or Upa-
Lokayukta may, for the purpose of dealing with any particular case or class of cases, secure:—
(a) the services of any officer or employee or investigating agency of the Government of
Goa or the Government of India with the concurrence of that Government; or
(b) the services of any expert.
(6) The terms and conditions of service of the officers, employees, agencies and persons
referred to in sub-section (5) shall be such as may be specified by the Lokayukta or Upa-
Lokayukta.
(7) In the discharge of their functions under this Act, the officers and employees referred to in
sub-section (1) and the officers, employees, agencies and persons referred to in sub-section (5)
shall be subject to the exclusive administrative control and direction of the Lokayukta or Upa-
Lokayukta.
9. Matters which may be investigated by Lokayukta or Upa-Lokayukta .— (1) Subject to the
provisions of this Act, the Lokayukta or the Upa-Lokayukta (where the case is allotted to him by
the Lokayukta) may, either suo motu or on complaint made to him under section 11, investigate
any allegation against any Public functionary.
(2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act,
where any allegation of corruption against any public functionary or any grievance of mal-
administration by any public functionary comes to the knowledge or is brought to the notice of the
Government, it may, if satisfied that it is necessary in public interest so to do, by order in writing
refer such allegations of corruption or grievance of mal-administration or both to the Lokayukta
for investigation and the Lokayukta, either himself or through the Upa-Lokayukta shall investigate
the same as if it was a compliant presented under this Act.
(3) Notwithstanding anything contained in sub-sections (1) and (2) above or any other
provisions of this Act, the Lokayukta in his discretion, may investigate any complaint either
himself or allot the same to the Upa-Lokayukta to investigate, however, to the extent possible, the
case distribution shall be equitable.
(4) Notwithstanding anything contained in sub-sections (1), (2) and (3) above or any other
provisions of this Act, the Lokayukta may, for reasons to be recorded in writing, investigate any
allegation which is being investigated by the Upa-Lokayukta.
(5) Notwithstanding anything contained in the above sub-sections or any other provisions of
this Act, the Lokayukta or Upa-Lokayukta, as the case may be, may investigate any allegation
against any person, a public functionary in so far as he considers necessary so to do for the
purpose of its investigation into any allegation against a public functionary.
(6) Notwithstanding anything contained in the above sub-sections or any other provisions of
this Act, the Lokayukta may, at any stage, make over any complaint pending before him to an
Upa-Lokayukta for disposal.
(7) 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 Upa-Lokayukta under this Act or action taken or
thing done by him in respect of such investigation shall be called in question on the ground only
that such investigation related to a matter which is not assigned to him by such order.
(8) Any matter which the State Government may require the Lokayukta to enquire into and/or
submit a report thereon with recommendations shall be investigated by him.
10. Matters not subject to investigation .— (1) Except as hereinafter provided, the Lokayukta
shall not investigate:—
(i) any matter, in respect of which, a formal and public inquiry has been ordered with the
prior concurrence of the Lokayukta;
(ii) any matter which has been referred for inquiry, under the Commission of Inquiry Act,
1952 (Central Act 60 of 1952);
(iii) any complaint involving an allegation of corruption made after the expiry of a period of
five years from the date on which the matter or conduct complained against is alleged to have
taken place:
Provided that the Lokayukta or Upa-Lokayukta, as the case may be, may entertain a
complaint made after the expiry of the period specified in sub-clause (iii) above, if the
complainant shows sufficient cause for not making the complaint within the said period:
Provided further that in respect of an investigation of a complaint involving allegations of
corruption, once the complaint is entertained and is being investigated, nothing shall prevent the
Lokayukta or Upa-Lokayukta from investigating and enquiring into acts of corruption which
may pertain to any period prior to the said period of five years.
11. Provisions relating to complaints .— (1) Subject to the provisions of this Act, a complaint
may be made under this Act, to the Lokayukta:—
(a) in case of grievance, by the aggrieved person,
and
(b) in case of an allegation, by any person other than a public functionary.
(2) Every complaint under sub-section (1) shall be made in such form and in such manner as
may be prescribed and shall be accompanied by an affidavit in support of the allegations
contained in the complaint. However, the Lokayukta or Upa-Lokayukta, as the case may be, may
dispense with such affidavit in any appropriate case.
(3) Every complaint under sub-section (1), shall be verified in the manner laid down in the
Code of Civil Procedure, 1908 (Central Act 5 of 1908), for the verification of pleadings.
(4) Notwithstanding anything contained in this Act or 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 jail or
in any asylum or other place for insane persons, shall be forwarded to the Lokayukta or Upa-
Lokayukta unopened and without delay but the police officer or any other person in charge of
such jail and Lokayukta or Upa-Lokayukta if satisfied that it is necessary so to do, treat such letter
as a complaint made in accordance with the provisions of this section.
12. Provision for holding preliminary inquiry .— (1) The Lokayukta or
Upa-Lokayukta, on receipt of a complaint under section 11 or a reference under sub-
-section (2) of section 9 or in a case initiated on his own motion may, before proceeding to
investigate such complaint or reference or case, as the case may be, make such preliminary
inquiry as he deems fit for ascertaining whether there exists reasonable ground for conducting
investigation. If, on such preliminary inquiry he finds that:—
(a) the complaint is frivolous or vexatious or is not made in good faith; or
(b) there are no sufficient grounds for proceeding further; 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;
he shall record a finding to that effect and thereupon the matter shall be closed and the
complainant, the public functionary and the competent authority shall be informed accordingly.
(2) The procedure for conducting inquiry in respect of a complaint under sub-section (1) shall
be such as the Lokayukta or Upa-Lokayukta deems appropriate in the circumstances of the case
and in particular, the Lokayukta or Upa-Lokayukta may, if he deems it necessary so to do, call for
the comments of the public functionary concerned.
(3) The Lokayukta or the Upa-Lokayukta may make such order as to the safe custody of
documents or any other evidence relevant to the inquiry and investigation as he deems fit.
13. Procedure in respect of detail investigation .— (1) Where the Lokayukta or
Upa-Lokayukta, after making the preliminary inquiry under section 12; finds that there are
reasonable grounds for conducting a detail investigation and proposes to conduct such an
investigation under this Act, he shall forward a copy of the complaint, alongwith it’s enclosures
to the public functionary and the competent authority concerned and proceed to make a detailed
investigation.
(2) The Lokayukta or Upa-Lokayukta, shall afford to the public functionary concerned an
opportunity to offer his comments on the complaint.
(3) Save as aforesaid, the procedure for conducting any such investigation shall be such as the
Lokayukta or Upa-Lokayukta, as the case may be, considers appropriate in the circumstances of
the case he shall have powers to regulate the same.
(4) The public functionary against whom investigation has to be made under this section and
the complainant, if any, shall have the right to be represented in person or by counsel.
(5) In every detailed investigation under this Act, the Government shall be made a party and
shall have the right to be represented by a counsel.
(6) The Lokayukta or the Upa-Lokayukta may, if he considers necessary so to do, having regard
to the nature and circumstances of the case under investigation, appoint a counsel to assist him on
such terms and conditions as may be prescribed.
(7) The Lokayukta or the Upa-Lokayukta may, at any stage, also permit:—
(a) any witness; or
(b) any other person,
who claims that he is to be represented in person or by counsel, to take such part in the
proceedings as the Lokayukta or the Upa-Lokayukta may, in the interest of justice, think fit.
14. Issue of search warrants, etc .— (1) Where in the consequence of information in his
possession, the Lokayukta or Upa-Lokayukta:—
(a) has reasons to believe that any person:—
(i) to whom a summon or notice under this Act has been issued or is likely to be issued,
may not produce or cause to be produced, or may tamper with any property, document or
things which will be necessary or useful or relevant to any inquiry or other proceeding to be
conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable articles or thing and
such money, bullion, jewellery or other valuable articles or thing represents, either wholly or
partly, income or property which has not been disclosed as required under any law or rule for
the time being in force; or
(b) considers that the purpose of any inquiry, investigation or other proceedings to be
conducted by him will be served by a general search or inspection,
he may, by a search warrant, authorize any officer subordinate to him or any officer of the
institution of Lokayukta or any person or agency referred to in section 8 or any Commissioner
appointed by him under clause (e) of sub-section (2) of section 15 to conduct a search or carry
out an inspection in accordance therewith and in particular to:—
(i) enter and search any building or place where he has reason to suspect that such
property, document, money, bullion, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected or concealing about his person any
articles or which search should be made;
(iii) break open the lock of any door, box, locker, safe, almirah or other receptacle for
exercising the powers conferred by sub-clause (i), where the keys thereof are not available;
(iv) seize or seal any such property, document, money, bullion, jewellery or other valuable
articles or thing found as a result of such search;
(v) place marks of identification on any property or document or make or cause to be
made extracts or copies there from; or
(vi) make a note or an inventory of any such property, document, money, bullion,
jewellery or other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to
search and seizure shall, so far as may be, apply to search and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall, for all purpose, be deemed to be warrant
issued by a Court under section 93 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
15. Evidence.— (1) Subject to the provisions of this section, for the purpose of any
investigation, including the preliminary inquiry under this Act, the Lokayukta or
Upa-Lokayukta may require any public functionary or any other person who, in his opinion, is
able to furnish information or produce documents relevant to the investigation or inquiry, to
furnish any such information or produce any such document.
(2) For the purpose of any such investigation, including preliminary inquiry, the Lokayukta or
Upa-Lokayukta shall have all the powers of Civil Court while trying a Suit under the Code of
Civil Procedure, 1908 (Central Act 5 of 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 matter as may be prescribed.
(3) Any proceeding before the Lokayukta or Upa-Lokayukta shall be deemed to be judicial
proceeding within the meaning of sections 193 and 228 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 State Government or
any public functionary, whether imposed by any enactment or by rule of law, shall apply to the
disclosure of information for the purpose of any investigation or inquiry, to any such privilege in
respect of the production of the documents or the giving of evidence as is allowed by any rule of
law in legal proceedings.
(5) No person shall be required or authorized 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 interests of the State of Goa or Union of India or the Security or
Defence or International Relations of India (including India’s relations with the Government of
any other country or with any other international organization);
(b) as might involve the disclosure of proceedings of the cabinet of the State Government or
any Committee of that Cabinet.
And for the purpose of this sub-section, certificate issued by the Chief Secretary certifying that
any other information, answer or portion of a document is of the nature specified in clause (a) or
clause (b), shall be binding and conclusive:
Provided that the Lokayukta or Upa-Lokayukta, as the case may be, may require any
information or answer or portion of a document in respect of which a certificate is issued under
this sub-section to the effect that is of the nature specified in clause (a) or clause (b), to be
disclosed to him in private for scrutiny and if no such scrutiny the Lokayukta or Upa-Lokayukta,
as the case may be, is satisfied that such certificate ought not to have been issued, he shall declare
that certificate to be of no effect.
(6) Subject to the provisions of sub-section (4), no person shall be compelled for the purpose of
investigation and inquiry under this Act, to give any evidence or produce any document, which he
could not be compelled to give or produce in proceedings before a Court.
(7) For prosecution for an offence of giving or fabricating false evidence under section 193 of
the Indian Penal Code, 1860 (Central Act 45 of 1860), when such an offence is alleged to have
been committed in, or in relation to any proceeding before the Lokayukta or Upa-Lokayukta, as
the case may be, the provisions of section 195 and 340 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974), shall apply to the Lokayukta or Upa-Lokayukta, as they apply in relation
to the same offence, when such offence is alleged to have been committed in, or relation to, any
proceeding in any Court subject to the modification that a complaint under section 340 shall be
signed by the Lokayukta or Upa-Lokayukta or such officer of the Lokayukta as the Lokayukta or
Upa-Lokayukta may appoint and for the purpose of the said sections 195 and 340 the Lokayukta
is declared to be Court.
16. Reports of Lokayukta .— (1) (a) If, after investigation of any complaint involving an
allegation, the Lokayukta or the Upa-Lokayukta, as the case may be, is satisfied that such
allegation is substantiated either wholly or partly, he shall, by report in writing within a period of
ninety days from the date of the completion of inquiry to the Government, communicate his
findings and recommendations and as far as possible along with the relevant documents,
materials, and other evidence to the competent authority concerned and a copy of the report
regarding the findings and recommendations shall be submitted to the Government.
(b) If, after investigation of any complaint involving a grievance, the Lokayukta or the Upa-
Lokayukta, is satisfied that in consequence of mal-administration by the public functionary, the
complainant has sustained injustice or undue hardship, the Lokayukta or the Upa-Lokayukta, shall
by a report in writing recommend to the public functionary and the competent authority
concerned, that such injustice or undue hardship shall be remedied or redressed and as such report
shall be acted upon as far as possible within 60 days and a report shall be sent to the Lokayukta or
Upa-Lokayukta accordingly.
(2) The competent authority shall examine the report forwarded to it under sub-section (1), and
within three months of the date of receipt of the report, intimate or cause to be intimated to the
Lokayukta or Upa-Lokayukta, as the case may be, the action taken or proposed to be taken, on the
basis of the report.
(3) If the Lokayukta or the Upa-Lokayukta, as the case may be, is satisfied with the action taken
or proposed to be taken on his recommendation referred to in clause (a) of sub-section (1), he
shall close the case under information to the complainant, if any, the public functionary and the
competent authority concerned, but where he is not 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
competent authority concerned and the complainant, if any.
(4) The Lokayukta or Upa-Lokayukta shall present annually a consolidated report on the
administration of this Act to the Governor.
(5) On receipt of a report under sub-section (4), the Governor shall cause a copy thereof
together with an explanatory memorandum to be laid before the Legislative Assembly of Goa.
6 [16A. Public functionary to vacate office .— (1) Where, after investigation into a complaint,
the Lokayukta or the Upa-Lokayukta is satisfied that the complaint involving an allegation against
the public functionary is substantiated and that the public functionary concerned should not
continue to hold the office held by him, the Lokayukta or the Upa-Lokayukta shall make a
declaration to that effect in his report under clause ( a) of sub-section ( 1) of section 16. The
Competent Authority shall, within a period of three months from the date of receipt of the report,
either accept or reject such declaration after giving an opportunity of being heard to the public
functionary concerned.
(2) If the declaration under sub-section ( 1) is accepted or rejected within such period of three
months, the fact of such acceptance or rejection shall immediately be intimated by the Competent
Authority to the Lokayukta or the Upa-Lokayukta, as the case may be, and to the public
functionary concerned.
(3) If the declaration under sub-section ( 1) is not rejected within such period of three months, it
shall be deemed to have been accepted by the Competent Authority, on the expiry of the said
period of three months and the fact of such deemed acceptance of declaration shall immediately
be intimated by the Lokayukta or the Upa-Lokayukta, as the case may be, to the Competent
Authority and the public functionary concerned.
(4) If the declaration under sub-section ( 1) is in respect of a Chief Minister or a Minister,
accepted or deemed to have been accepted by the Competent Authority, he may resign from his
office.
(5) With effect from the date of intimation of acceptance or deemed acceptance of the
declaration, notwithstanding anything contained in any law, order, notification, rule or contract of
appointment, the public functionary,—
(i) specified under sub-clauses ( iii) to (xi), except sub-clause (ix), of clause (q) of section 2,
shall be deemed to have vacated his office;
(ii) specified under sub-clause ( ix) of clause ( q) of section 2, shall be deemed to have been
placed under suspension:
Provided that if the public functionary is a member of an All India Service as defined in section
2 of the All India Services Act, 1951 (Central Act 61 of 1951), the State Government shall take
action to keep him under suspension in accordance with the Rules or regulations applicable to his
service.]
17. Initiation of Prosecution .— If, after investigation into any complaint, the Lokayukta or
Upa-Lokayukta, as the case may be, is satisfied that the public functionary has committed a
criminal offence and that he should be prosecuted in a court of law for such an offence, then he
may pass an order to the effect and the appropriate authority shall initiate prosecution against the
public functionary concerned:
Provided that if prior sanction of any authority is required under any law for the time being in
force, for such prosecution, then, such prior sanction shall be obtained from such authority before
initiation of such prosecution.
18. Secrecy of Information.— (1) Any information obtained by the Lokayukta or
Upa-Lokayukta or the members of his staff or any other officer, person or agency referred to in
sub-section (5) of section 8, in the course of, or for the purpose of any preliminary enquiry or any
investigation under this Act, and any evidence recorded or collected in relation to such
information, shall be treated as confidential.
(2) Nothing in sub-section (1) shall apply to the disclosure of such information or evidence:—
(a) for the purpose of any report to be made under this Act, or for the purpose of any action
or proceeding to be taken on such report; or
(b) for the purpose of any proceeding, for an offence under the Official Secrets Act, 1923
(Central Act 19 of 1923), or for an offence of giving or fabricating false evidence under section
193 of the Indian Penal Code,1860 (Central Act 45 of 1860);
(c) for the purpose of supplying information under the Right to Information Act, 2005
(Central Act 22 of 2005).
(d) for such other purpose as may be prescribed.
(3) The Lokayukta or the Upa-Lokayukta, as the case may be, may at his discretion, make
available, from time to time, the substances of cases closed or otherwise disposed off by him
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.
19. Costs.— (1) The Lokayukta or the Upa-Lokayukta, as the case may be, in case the
allegation made in the complaint is found to be false or vexatious to the knowledge of the
complainant, order the complainant to pay costs/compensation 7[which shall not be less than
rupees ten thousand and which may extend to rupees one lakh,] to the public functionary against
whom the allegation has been made.
(2) The Lokayukta or the Upa-Lokayukta, as the case may be, may, if he is satisfied that all or
any of the allegations made in the complaint against the public functionary have or has been
substantiated, either wholly or partly, order the public functionary, to pay such amount of costs,
not exceeding rupees ten thousand as may be specified in the order, to the complainant and issue a
certificate of recovery in respect of the amount so specified.
(3) Any person in whose favour a certificate is issued under sub-section (2) may apply to the
principal Civil Court of original jurisdiction within the local limits of whose jurisdiction any
person against whom, a certificate is issued has a place of residence or business, for recovery of
the amount specified in the certificate and such Court shall thereupon execute the certificate, or
cause the same to be executed, in the manner and by the same procedure as if it was a decree for
the payment of money passed by itself in a suit.
20. Intentional insult or interruption to, or bringing into disrepute the Lokayukta or Upa-
Lokayukta.— (1) Whoever intentionally offers any insult or causes any interruption or obstruction
to the Lokayukta or Upa-Lokayukta while the Lokayukta or Upa-Lokayukta is conducting any
inquiry or 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.
(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.
(3) The provisions of section 199 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974), shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply
in relation to an offence referred to in sub-section (2) of 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:—
(a) in case of an offence against the Lokayukta, of the Lokayukta;
(b) in case of any offence against the Upa-Lokayukta, of the Upa-Lokayukta concerned.
21. Public functionary to submit property statements .— (1) Every Public functionary falling
within the purview of the Lokayukta for the purpose of investigation under this Act, other than the
officer referred to in clause (o) and sub-clause (ix) of clause (q) of section 2, shall, within six
months from the date he enters upon his office and thereafter before the 16[5th November] of every
year, submit to the Lokayukta in the prescribed form a statement of his assets and liabilities held
by him or by any person on his behalf and those of the member of his family. The public
functionaries falling underclause(o)and sub-clause (ix) of clause (q) of section 2, shall file
statement before respective authorities as required under their respective service rules, who will
act on the same in accordance with those rules 17[:]
18[ Provided that the provisions contained in sub-section(1) shall not be applicable to the public
functionary after the expiry of one year from the date he ceases to hold such office.]
(2) If no such statement is received by the Lokayukta from any such public functionary within
the time specified in sub-section (1), the Lokayukta shall make a report to that effect to the
competent authority and send a copy of the report to the public functionary concerned. If within
two months of such report the public functionary concerned does not submit the statement of his
assets and liabilities as above mentioned, the Lokayukta shall publish or cause to be published the
names of such public functionaries in two newspapers having wide circulation in the State with a
report to the Governor who may then place the matter before the Legislative Assembly of Goa.
22. Protection.— (1) No suit, prosecution or other legal proceedings shall lie against the
Lokayukta or Upa-Lokayukta or against any member of the staff of the office of the Lokayukta or
any officExcerpt shown. Open the full act in Lexace.