The Haryana Lokayukta Act, 2002 (1 of 2003)

173
THE HARYANA LOKAYUKTA ACT, 2002
(HARYANA  ACT  NO.  1  OF  2003)
TABLE  OF  CONTENTS
Sections :
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Lokayukta.
4. Qualifications for Lokayukta.
5. Lokayukta to hold no other office.
6. Term of office and other conditions of service of Lokayukta.
7. Removal of Lokayukta.
8. Matters which may be inquired into by Lokayukta.
9. Matters not subject to inquiry.
10. Provisions relating to complaints.
11. Provisions for holding preliminary inquiry.
12. Procedure in respect of inquiry.
13. Power to summon record.
14. Evidence.
15. Power of search and seizure.
16. Punishment for false and malicious complaints.
17. Reports of Lokayukta.
18. Power to issue interim direction.
19. Staff of Lokayukta.
20. Utilisation of services of other persons.
21. Secrecy of Information.
22. Protection of action taken in good faith.
23. Powers to call for matters pending before State Government.
24. Other remedies not barred.
25. Repeal, saving and overriding effect.
26. Power to make rules.
SCHEDULE
LOKAYUKTA2003 : Hr. Act 1]
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175
1THE  HARYANA  LOKAYUKTA  ACT,  2002
(Haryana  Act  No.  1  of  2003)
[Received the assent of President of India on the 6th January, 2003, and
was first published for general information in the Haryana Government Gazette
(Extraordinary), Legislative Supplement Part 1 of the 27th January, 2003].
Year No. Short title Whether repealed or otherwise
affected by Legislation
  1  2         3           4
2002 1 The Haryana Lokayukta    Amendment by Haryana Act 13
Act, 2002    of 2015 2
AN
ACT
to provide for the appointment and functions of a Lokayukta for inquiry
and investigation into the allegations and grievances against public
servants and for matters connected therewith.
BE it enacted by the Legislature of the State of Haryana in the Fifty-third
Year of the Republic of India as follows: -
1. (1) This Act may be called the Haryana Lokayukta Act, 2002.
(2) It extends to the whole of the State of Haryana.
3(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “act” means administrative action taken by a public servant by
way of decision, recommendation or finding or in any other
manner and shall include willful failure to act, and all other
expressions relating to such action shall be construed
accordingly;
(b) “allegation” in relation to a public servant means any affirmation
that such public servant—
(i) has knowingly and intentionally abused his position as
such to obtain any undue gain or favour to himself or to
any other person or to cause undue hardship or harm to
any other person;
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated 31.08.2002, page–1791.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated 3.09.2015, page–2278.
3. This Act came into force w.e.f. 1st August, 2004.
Short title, extent
and
commencement.
Definitions.
LOKAYUKTA2003 : Hr. Act 1]
176
(ii) was actuated in the discharge of his functions as such
public servant by personal interest, or improper or corrupt
motives;
(iii) is guilty of corruption, lack of integrity in his capacity as
such public servant; or
(iv) is in possession of pecuniary resources or property
disproportionate to his known source of income and such
pecuniary resources or property held by the public servant
personally or by any member of his family or by some
other person on his behalf;
(c) “Chief Minister” means head of the Council of Ministers;
(d) “competent authority” in relation to a complaint against—
(i) Chief Minister : The Governor in his
     discretion
(ii) All other Public Servants :    Chief Minister;
(e) “complaint” means a complaint wherein act of any allegation
or grievance is alleged to have been committed by a public
servant;
(f) “corruption” includes any act punishable under Chapter IX of
the Indian Penal Code, 1860, or the Prevention of Corruption
Act, 1988, or under any law for the time being in force for
prevention of corruption;
(g) “Governor” means the Governor of the State of Haryana;
(h) “grievance” means the claim by a person that a right to which
he is entitled to is denied to him or is unreasonably delayed by
the act of omission or commission of a public servant or the act
complained of amounts to mal-administration;
(i) “Lokayukta” means a person appointed as a Lokayukta under
section 3;
(j) “mal-administration” means an act, which is unjust, unfair,
unreasonable, oppressive, improperly discriminatory or not
supported by law;
(k) “Minister” means a member of the Council of Ministers, other
than the Chief Minister by whatever name called, for the State
of Haryana, that is to say, Cabinet Minister, Minister of State,
Deputy Minister and shall also include the Chief Parliamentary
Secretary and Parliamentary Secretary;
(l) “prescribed” means prescribed by rules made under this Act;
LOKAYUKTA [2003 : Hr. Act 1
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(m) “public servant” includes a person defined in section 21 of the
Indian Penal Code, 1860 and also means a person, who is or has
been—
(i) Chief Minister;
(ii) a Minister;
(iii) a Member of the Legislative Assembly of Haryana
including the Speaker and the Deputy Speaker of Haryana
Legislative Assembly;
(iv) a Chairman, Vice-Chairman or member of the Board of
Directors, by whatever name called, of a Government
company within the meaning of section 617 of the
Companies Act, 1956, in which not less than fifty-one per
cent of the paid up share capital is held by the State
Government;
(v) a Chairman, Vice-Chairman or member, by whatever name
called, of any statutory or non-statutory body incorporated,
registered or constituted by the State Government;
(vi) a Mayor, Senior Deputy Mayor, Deputy Mayor of a
Municipal Corporation constituted or deemed to have
been constituted by or under the Haryana Municipal
Corporation Act, 1994;
(vii) a President, Vice-President of a Municipal Committee or
Municipal Council constituted or deemed to have been
constituted by or under the Haryana Municipal Act, 1973;
(viii)  a President, Vice-President of a Zila Parishad and a
Chairman, Vice-Chairman of a Panchayat Samiti
constituted by or under the Haryana Panchayat Raj Act,
1994;
(ix) a President or Vice-President of any managing committee
of a Society incorporated or registered under the law
relating to co-operative societies for the time being in
force;
(x) a President, Vice-President, Managing Director of the
Board of Directors of such other Cooperative Societies
incorporated or registered by or under law relating to co-
operative societies for the time being in force;
(xi) a Vice-Chancellor or a Pro Vice-Chancellor or Registrar
of a University;
(n) “State” means the State of Haryana;
(o) “State Government” means the Government of the State of
Haryana.
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Term of office
and other
conditions of
service of
Lokayukta.
3. (1) For the purpose of conducting investigations in accordance
with the provisions of this Act, the Governor shall, by warrant under his hand and
seal, appoint a person to be known as the Lokayukta:
Provided that the Lokayukta shall be appointed on the advice
of the Chief Minister who shall consult the Speaker of Haryana Legislative
Assembly, Leader of Opposition and the Chief Justice of India in case of
appointment of a person who is or has been a Judge of the Supreme Court or Chief
Justice of the High Court, and Chief Justice of the Punjab and Haryana High
Court in case of appointment of a person who is or has been a Judge of a High
Court:
Provided further that the result of consultation shall have
persuasive value but not binding on the Chief Minister.
(2) A notification by the State Government about the consultation
having been held as envisaged in sub-section (1) shall be conclusive proof thereof.
(3) Every person appointed as the 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 in the form set out for the purpose in
the Schedule.
4. A person shall not be qualified for appointment as Lokayukta unless
he is or has been a Judge of the Supreme Court or a Chief Justice or a Judge of a
High Court in India.
5. The Lokayukta shall not be a member of Parliament or member of the
Legislature of any State and shall not hold any office of profit or trust or carry on
any business or practise any profession or be connected with any political party
and accordingly, before he enters upon his office shall—
(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 profit or trust, resign from such office;
or
(c) if he is connected with any political party, sever his connection
with it; or
(d) 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
(e) if he is practicing any profession, suspend practice of such
profession.
6. (1) Every person appointed as the Lokayukta shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that—
(a) the Lokayukta may, by writing under his hand addressed
to the Governor, resign his office and such resignation
shall be effective as soon as it is accepted; and
Appointment of
Lokayukta.
Qualifications for
Lokayukta.
Lokayukta to hold
no other office.
LOKAYUKTA [2003 : Hr. Act 1
179
(b) the Lokayukta may be removed from the office in the
manner specified in section 7.
(2) A vacancy occurring in the office of the Lokayukta shall be
filled in within three months.
(3) On ceasing to hold office, the Lokayukta shall be ineligible for
re-appointment as Lokayukta or any other employment in any capacity under the
State Government or any local authority, co-operative society, government
company, University, statutory corporation under the administrative control of
the State Government.
(4) The salary, allowances payable to, and other conditions of
service of Lokayukta shall be same as may be available from time to time to a
sitting judge of the Supreme Court or Chief Justice or Judge of the High Court, as
the case may be, in accordance with the office held by him :
Provided that the salary, allowances and other privileges
available to the Lokayukta shall not be negotiable:
Provided further that the allowances payable and other
conditions of service of the Lokayukta shall not be varied to his disadvantage
after his appointment.
(5) The salaries and allowances payable to, or in respect of, the
Lokayukta shall be the expenditure charged on the Consolidated Fund of the
State.
1[(6) Lokayukta shall be paid additional pension and pensionary
benefits at the rates as applicable in case of a Judge of the High Court in respect of
each completed year of service as Lokayukta. For this pupose, if his term exceeds
six months in a particular calender year, then, it shall be counted as one year for
the pupose of calculation of such pensionary benefits:
Provided that if a Lokayukta has been removed from the office, he
shall not be entitled for any pension.]
7. (1) The Lokayukta shall not be removed from his office except by
an order of the Governor passed after an address by the Haryana Legislative
Assembly, supported by a majority of the total membership of the Legislative
Assembly and by a majority of not less than two-thirds of the members thereof,
present and voting, has been presented to the Governor in the same session for
such removal on the grounds of proved misconduct or incapacity.
(2) The procedure for the presentation of an address and for the
investigation and proof of the misconduct or incapacity of the Lokayukta under
sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, in relation
to the removal of a Judge and, accordingly, the provisions of that Act shall,
subject to necessary modifications, apply in relation to the removal of the
Lokayukta as they apply in relation to the removal of a Judge.
Removal of
Lokayukta.
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1. Added by Haryana Act No. 13 of 2015.
180
8. (1) Subject to the provisions of this Act, the Lokayukta may on
receipt of a reference from Government proceed to inquire into the allegations or
the grievances made against a public servant.
(2) The Lokayukta may inquire into any act or conduct of any
person other than a public servant in so far as he considers it necessary so to do for
the purpose of his enquiry into any allegation of misconduct against a public
servant provided that the Lokayukta shall give such a person reasonable
opportunity of being heard and to produce evidence in his defence.
9. The Lokayukta shall not inquire into any matter—
(a) in respect of which an inquiry has been ordered under the Public
Servants (Inquiries) Act, 1850; or
(b) which is not connected with the discharge of functions as public
servant of the person against whom allegation is made; or
(c) relating to “grievance of  mal-administration”, any
administrative act involving the exercise of discretion except
where he is satisfied that the elements involved in the exercise
of discretion were absent to such an extent that discretion would
not be regarded as having been properly exercised or was
exercised for corruption.
10. (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 person aggrieved;
(b) in case of allegation by any person:
Provided that where the person aggrieved is dead or, is for any
reason, unable to act for himself the complaint may be made by any person who in
law represents his estate or, as the case may be, by any person permitted to act on
his behalf.
(2) Every complaint involving an allegation or grievance shall be
made in such form, and in such manner and shall be accompanied by such affidavit
as may be prescribed.
(3) Notwithstanding anything contained in this Act or any other
law for the time being in force, any letter written to the Lokayukta by a person in
police custody or in a jail or in any asylum or any other custodial place, shall be
forwarded to the Lokayukta unopened and without delay by the police officer or
the person incharge of such jail, asylum or any other custodial place. If the
Lokayukta is satisfied, that it is necessary so to do, treat such letter as a complaint
made in accordance with the provisions of sub-section (2).
Matters which may
be inquired into by
Lokayukta.
Matters not subject
to inquiry.
Provisions
relating to
complaints.
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11. The Lokayukta on receipt of a complaint may before proceeding to
investigate such complaint or case, make such preliminary inquiry or direct any
other person to make such preliminary inquiry as he deems fit for ascertaining
whether there exists reasonable ground for conducting the investigation. If on
such preliminary inquiry, he finds that there exists no such ground he shall record
a finding to that effect and thereupon the matter shall be closed and the complainant
shall be informed accordingly.
12. (1) Subject to the provisions contained in sub-section (2), the
Lokayukta shall devise his own procedure for conducting inquiry or investigation
but in so doing shall ensure that the principles of natural justice are satisfied.
(2) The Lokayukta shall complete the inquiry within one year.
(3) Every inquiry under the Act shall, unless the Lokayukta for
reasons to be recorded in writing determines otherwise, be conducted in camera.
13. The Lokayukta shall have the power to summon record of the State
Government, local authority, corporation, government company, society,
university, any college affiliated to or constituent of a university or from any
other persons in connection with any inquiry or investigation against public
servant undertaken by him:
Provided that the State Government may withhold the production of
any record or document relating to affairs of the State on grounds of security or in
public interest in accordance with the provisions of the Indian Evidence Act,
1872 or the Indian Official Secrets Act, 1923.
14. (1) Subject to the provisions of this section, for the purpose of any
inquiry or investigation, the Lokayukta or any person authorised by him in this
behalf,–
(a) may require any public servant or any other person, who,
in his opinion, is able to furnish information or produce
documents relevant to such inquiry, to furnish any such
information or produce any such document ;
(b) may enter upon any land and survey, demarcate or prepare
a map of the same;
(c) shall have all the powers of a civil court while trying a
suit under Code of Civil Procedure, 1908, in respect of
the following matters, namely :—
(i) summoning and enforcing the attendance of any
person and examining him on oath;
(ii) requiring the discovery and production of any
document;
Provisions for
holding
preliminary
inquiry.
Procedure in
respect of
inquiry.
Power to
summon
record.
Evidence.
LOKAYUKTA2003 : Hr. Act 1]
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(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof
from any court or office; and
(v) issuing commissions for the examination of
witnesses or documents:
Provided that no person, without the prior permission of the
appropriate Government shall be required or authorised by virtue of the provisions
contained in this Act to furnish any such information or answer any such question
or produce so much of any document as might involve the disclosure of any
information or production of any document which is punishable under the
provisions of the Official Secrets Act, 1923.
(2) Any proceeding before the Lokayukta shall be deemed to be a
judicial proceeding within the meaning of section 193 and section 228 of Indian
Penal Code, 1860.
15. (1) Where in consequence of information in his possession or after
such inquiry as he thinks necessary, the Lokayukta,—
(a) has reason to believe that a person—
(i) to whom a summons or notice under this Act, has
been or might be issued, will not or would not
produce or cause to be produced any property,
document or thing which will be necessary or useful
or relevant to any inquiry or other proceedings to
be conducted by him;
(ii) is in possession of any money, bullion, jewellery, or
other valuable article or thing and such money,
bullion, jewellery or other valuable article or thing
represents either wholly or partly income or property
which has not been disclosed to the authorities for
the purpose of any law or rule in force which requires
such disclosure to be made; or
(b) considers that the purposes of any inquiry or other
proceedings to be conducted by him will be served by a
general search or inspection, may issue a search warrant
and he or any person authorised by him may, by that search
warrant—
(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 things is kept;
Power of search
and seizure.
LOKAYUKTA [2003 : Hr. Act 1
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(II) 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;
(III) seize any such property, document, money, bullion,
jewellery or other valuable article or thing found as
a result of such search;
(IV) place a mark of identification on any property or
document or make or cause to be made extracts or
copies therefrom; or
(V) make a note or an inventory of any such property,
document, money, bullion, jewellery or other
valuable article or thing.
(2) The provisions of section 100 of the Code of Criminal
Procedure, 1973, shall, so far as may be, apply to searches under sub-section (1).
(3) A warrant issued under sub-section (1) shall, for all purposes,
be deemed to be a warrant issued by a court under section 93 of the Code of
Criminal Procedure, 1973.
16. Notwithstanding anything contained in this Act, any person who
willfully or maliciously makes any false complaint under this Act, shall, on
conviction, be punished with rigorous imprisonment which may extend to three
years or with fine which may extend to ten thousand rupees or with both and the
court may order that out of the amount of fine, such sum as it may deem fit, be paid
by way of compensation to the person against whom such complaint was made:
Provided that no court shall take cognizance of an offence punishable
under this section except on a complaint made by or under the authority of the
Lokayukta:
Provided further that the complaint made by or under the authority
of the Lokayukta shall be exclusively tried by a court of sessions which may take
cognizance of the offence in such complaint without the complaint being
committed to it, notwithstanding anything contained in the Code of Criminal
Procedure, 1973.
17. (1) If, after inquiry in respect, of a complaint, the Lokayukta is
satisfied—
(a) that no allegation or grievance has been substantiated, he
shall close the case and intimate the competent authority
concerned accordingly;
(b) that all or any of the allegations or grievances have or has
been substantiated either wholly or partly, he shall, by
report in writing, communicate his findings, appropriate
Punishment for
false and malicious
complaints.
Reports of
Lokayukta.
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recommendations and suggestions to the competent
authority and intimate the complainant and the public
servant concerned about his having made the report.
(2) The competent authority shall cause the report to be examined
and communicate to the Lokayukta within three months of the date of receipt of
the report, the action taken thereon.
(3) The Lokayukta shall present to the Governor a consolidated
annual report on the administration of this act.
(4) The Governor shall cause to be laid on the table of the State
Legislature a copy of the annual report referred to in sub-section (3) above within
six months of its receipt alongwith an explanatory memorandum indicating the
action taken thereon, and the reasons for not taking action in a given case.
18. (1) The Lokayukta may, after receipt of a complaint, issue such
interim direction as the case may warrant, so as to avoid grave injustice.
(2) The competent authority shall deal with the interim direction
in the same manner as provided for final direction.
19. (1) The Lokayukta may appoint in consultation with the State
Government, such officers and staff as he may consider appropriate for the
discharge of functions under this Act.
(2) The categories of officers and staff who may be appointed under
sub-section (1) above and their conditions of service shall be such as may be
prescribed in consultation with the Lokayukta.
20. (1) Without prejudice to the provisions of sub-section (1) of section
19, the Lokayukta may, in consultation with the State Government, for the purpose
of conducting any inquiry or investigation under this Act, utilise the services of
any officer or investigating agency of the State Government, or for reasons to be
recorded in writing, of any other person or agency.
(2) Any officer, agency or persons whose services have been sought
under sub-section (1) may—
(a) summon and enforce the attendance of any person and
examine him;
(b) require the production of any document ; and
(c) requisition any public record or copy thereof from any
office.
(3) The officer, agency or person whose services have been sought
under sub-section (1) shall enquire into the matter and submit a report to the
Lokayukta within such period as may be specified by him in this behalf.
Power to issue
interim direction.
Staff of
Lokayukta.
Utilisation of
services of other
persons.
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185
Secrecy of
Information.
Protection of
action taken is
good faith.
Power to call for
matters pending
before State
Government.
Other remedies
not barred.
Repeal, saving and
overriding effect.
LOKAYUKTA2003 : Hr. Act 1]
21. (1) Any information, obtained by the Lokayukta or members of his
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 be treated as confidential and, notwithstanding anything
contained in the Evidence Act, 1872, 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) Nothing in sub-section (1) shall apply to the disclosure of any
information or particulars—
(a) for purposes of the inquiry or 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,
1860, or under sub-sections (1) and (3) of section 12 of
this Act ; or
(c) for such other purposes as may be prescribed.
22. No suit, prosecution or other legal proceedings shall lie against the
Lokayukta or against any officer or employee, agency or person acting on his
behalf in respect of anything which is in good faith done or intended to be done
under this Act.
23. (1) Where the Lokayukta decides to inquire into a complaint
against a public servant, he may ascertain from the State Government whether any
complaint containing substantially similar allegations against the said public
servant is under investigation, and if so, he may call for the record thereof.
(2) If the Lokayukta on examination of the record referred to in
sub-section (1), decides to inquire into the matter himself, he shall inform the
State Government accordingly and the complaint, wholly or partly, as the case
may be, shall stand transferred to him for inquiry under the provisions of this Act.
(3) Whenever the Lokayukta decides not to inquire into the matter
himself he shall return the complaint to the State Government.
24. The institution of any inquiry or proceedings under this Act shall be
no bar to a person seeking a remedy available under any other law, for the time
being in force.
25. (1) The Haryana Lokayukta Act, 1997 (Haryana Act No. 21 of 1998)
and the Haryana Lokayukta (Repeal) Ordinance, 1999 (Haryana Ordinance No. 4
of 1999), are hereby repealed.
(2) Notwithstanding anything contained in any contract, law or
rules made thereunder, the Lokayukta shall not be entitled to any compensation
for the unexpired period of his tenure.
186
Power to make
rules.
LOKAYUKTA [2003 : Hr. Act 1
(3) All matters pending before the Lokayukta before the repeal of
the Haryana Act No.21 of 1998 shall be inquired into by the Lokayukta under this
Act.
26. (1) The State Government may, by notification, in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before the State Legislature while it is in session for a total period
of ten days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session in which it is so laid or the
successive sessions aforesaid, the State Legislature agrees in making any
modification in the rule or the State Legislature agrees that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.
SCHEDULE
[See section 3 (3)]
I ……...................................…………………………………… , having been
appointed as Lokayukta of Haryana, do 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 I will, duly and faithfully and to the best of my ability, knowledge
and judgement, perform the duties of my office without fear or favour, affection,
bias or ill-will.

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